‘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

Last Updated: January 22, 2016 @ 10:23 AM

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.