‘Making a Murderer': Steven Avery Is Flight Risk With ‘Nothing Left to Lose,’ State Says
Wisconsin Assistant Attorney General argues against convicted felon’s release on bond, pending appeal
Tim Kenneally | January 22, 2016 @ 10:21 AM
Last Updated: January 22, 2016 @ 10:23 AM
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Steven Avery, the subject of the Netflix documentary series “Making a Murderer,” should be barred from release because he’s a flight risk and “has nothing left to lose,” according to the Wisconsin Department of Justice.
Avery, currently in prison for the murder of photographer Teresa Halbach, has filed a motion asking for his release on bond, pending an appeal. The Wisconsin man has filed papers claiming, among other things, that his residence was improperly searched and that he received inadequate legal representation.
In a letter to Judge Angela Sutkiewicz this week, Wisconsin Assistant Attorney General Thomas Fallon laid out the department’s reasons for why Avery shouldn’t be released.
“Avery no longer enjoys any presumption of innocence. He stands convicted of first-degree intentional homicide and possession of a firearm as a convicted felon, and he received a life sentence without possibility of parole,” the letter reads. “Avery has unsuccessfully tested the validity of his convictions. The State is entitled to insist that he remain imprisoned during the pendency of his current appeal.”
Fallon’s letter goes on to say that there’s a good chance that Avery won’t show up to face the music if he’s let out.
“There is a substantial risk Avery will not appear to answer the judgment following the conclusion of his post-conviction proceedings,” Fallon wrote. “He has nothing left to lose.”
Earlier this month, Avery retained a new lawyer, Kathleen Zellner, who specializes in wrongful convictions. Zellner has cited “new evidence” in the case, and has stated that she is confident that Avery’s conviction will be vacated.
Pamela Chelin contributed to this report.
'Making a Murderer': 9 Updates in Steven Avery's Case Since the Premiere (Photos)
Ken Kratz, who prosecuted Steven Avery, sent TheWrap a nine-point list that he said indicated Avery's guilt, including his claim that Avery "targeted" victim Teresa Halbach.
A White House petition calling for Avery's pardon reached 100,000 signatures, the threshold qualifying it for a White House review. However, the possibility of a presidential pardon was quickly shot down, as the president is constitutionally barred from pardoning convicts in state cases.
A 2009 court filing emerged with a bombshell accusation by Avery -- that his brothers Charles and Earl Avery may have killed Halbach.
Avery has retained a new attorney, Kathleen Zellner, who specializes in wrongful convictions. In a statement obtained by TheWrap, Zellner cited "new evidence" in the case and says that she's "confident Mr. Avery’s conviction will be vacated."
Avery filed a new appeal, claiming that a juror tainted his jury by repeatedly claiming that Avery is "fucking guilty." Avery also asserts that he received "inadequate assistance" from his trial and appellate lawyers.
Attorney Len Kachinsky, whose representation of Avery's nephew Brendan Dassey drew heavy criticism from "Making a Murderer" viewers, told TheWrap that he's "not responsible for Dassey going to prison," adding, "You can say I made a mistake, that I should’ve [attended] or I should have rescheduled the interview — that’s valid criticism.”
Dean Strang, one of Avery's defense attorneys, told TheWrap that a "mass" of potential new evidence has emerged since the premiere of "Making a Murderer."
"Making a Murderer" filmmakers Moira Demos and Laura Ricciardi appeared on the "Late Show With Stephen Colbert" to assert that Avery is "not guilty," with Demos opining, "I mean there are things that he could be guilty, but is he guilty beyond a reasonable doubt? Nothing I’ve seen, and I’ve seen a lot of stuff, nothing I’ve seen has convinced me of that.”
The "Making a Murderer" filmmakers also said that one of the jurors in the Avery trial has come forward to say they believe he is innocent.
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From new evidence to fresh appeals, where his case stands now
Ken Kratz, who prosecuted Steven Avery, sent TheWrap a nine-point list that he said indicated Avery's guilt, including his claim that Avery "targeted" victim Teresa Halbach.
