The Wisconsin 2nd District Appellate Court denied three new motions in Steven Avery’s third appeal to the court.
Court documents note that Avery was arguing that due to testimony from a new witness, it should have had a Manitowoc County Circuit Court allow him to have an evidentiary hearing.
According to the argument, the witness’s testimony allegedly placed a third party as the person that killed Teresa Halbach.
The third party was seen pushing a “dark colored SUV” down a road and pushing it in the direction of a house from the highway on November 5th, 2005.
The argument continued saying that this, along with other evidence, would indicate Avery was framed by the third party for the murder of Halbach.
The appeal also claimed that the third party was obsessed with violent sexual images which would have been a motive to commit murder.
The appellate court denied the motions saying “The defendant asserts that, ipso facto, if [the third party] was in possession of the victim’s car that night, he must also have been the individual who committed the murder. No evidence submitted by the defendant supports this conclusion. There is only speculation and no evidence to prove that [the third party] was in possession of the car or that he had exclusive control over the vehicle prior to that night.”
The court also dismissed the argument over the violent images saying, “His computer expert’s affidavit, which he cites in support of his first proposition, does not establish there were “1,625 violent pornographic images” on the Dassey family computer. The report simply states there were “1,625 additional images categorized as ‘Recovered Pornography.’” Nothing in this affidavit established that each recovered pornographic image was “violent.”
The issue could be appealed again and sent up to the Wisconsin Supreme Court.
Avery is serving a life sentence for the murder of Halbach in 2005.
He does not have a chance for parole.
