Steven Avery Files Appeal; Cites Illegal Search, Biased Jury
Jan 15 2016
Making A Murderer has become a global hit after airing on Netflix in December 2015. The error-laden appeal, which was filed on Monday and can be read in full on Scribd, argues that the state's evidence against Avery had been obtained wrongly and therefore was "FRUIT OF THE POISONOUS TREE".
Avery also alleges the search warrants used to procure evidence against him - such as blood in Ms Halbach's vehicle and her Rav 4 auto in his room - were invalid. However, in the trial covered by "Making a Murderer", Avery and his counsel made a decision to agree to a juror replacement in lieu of a mistrial.
The Avery case has recently gained popularity with coverage in its own docuseries on the popular movie streaming service.
Avery has been maintaining his innocence once again and his supporters have fervently been spreading that message online through social media and petitions. He was in the midst of filing a lawsuit against law enforcement and the city when he was arrested for the death of Halbach, who was a photographer who had been on his property taking pictures of his cars. Both men are now serving life sentences, having been convicted in 2007, with Making A Murderer paying particular attention to perceived injustices in the case.
Avery says the juror in question also told the other jurors, "If you can't handle it, why don't you tell them [the judge] and just leave".
Avery's conviction seemed suspicious to many after he had already been wrongfully imprisoned for 18 years by the Manitowoc County sheriff's department for a rape he didn't commit. Avery was released on the earlier charge after being exonerated by DNA evidence.
Brad Dassey, a self-proclaimed "indie Christian rapper", is not the first to come out in support of convicted criminals Brendan Dassey and Steve Avery.
"He is 100 percent guilty", said Giordana.
In addition, Peoplereports that Avery himself has filed another appeal for his case claiming he was unable to get an impartial jury.
Kratz, who served as a special prosecutor during the Avery trial, also served as Calumet County District Attorney at the time.