'Making a Murderer': Steven Avery Files Appeal, Requests Murder Conviction Be Thrown out

Courtesy of Netflix
Steven Avery

The Netflix series focal point lists numerous reasons why he did not receive a fair trial.

Steven Avery, the main subject of the Netflix series Making a Murderer, filed an appeal asking that his 2005 murder conviction be thrown out due to numerous factors. 

Avery filed the documents himself on Jan. 7, and they were processed by the Wisconsin court system on Monday.  

Avery served 18 years in prison for a sexual assault conviction out of Manitowoc County, Wis., for which he was exonerated by DNA evidence in 2003. Then in 2005, Avery was convicted of the murder of 25-year-old Teresa Halbach. Avery's nephew, Brendan Dassey, was also convicted for the same murder. Dassey's lawyers argued his confession to authorities was coerced.

The Netflix series, which premiered last month and has skyrocketed in popularity, raises numerous questions as to whether Avery committed the murder or was framed.

In his recent appeal, Avery said one juror in particular had it out for him, saying repeatedly "He's f---ing guilty" and "If you can't handle it, why don't you tell [the court] and just leave," according to documents posted online by WITI-TV FOX6 News out of Milwaukee.

The appeal also states the court should never have allowed a juror to be swapped out after deliberations had begun. One of the jurors was excused due to a family emergency. 

Avery's lawyers argued their client was framed by county law enforcement for the Halbach murder. Avery's lawyers did not accuse law enforcement of killing Halbach, but argued that officers believed so strongly that he carried out the slaying, they planted evidence in order to ensure a conviction.

In addition to a tainted jury, Avery also argued in the recent appeal that evidence was mishandled, specially the victim's car, found on Avery's property, which was not sealed properly by authorities, thereby allowing someone to plant his DNA inside.

Manitowoc County Sheriff Robert Hermann previously told The Hollywood Reporter that the Netflix series was skewed and that viewers were not seeing all the evidence that was presented in trial, proving Avery's guilt. 

Ken Kratz, the former Calumet County district attorney who prosecuted Avery in 2005 says he has been bombarded with death threats since the series premiered.

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