Steven Avery’s motion for a new trial “must be denied.” That statement was made by Wisconsin Attorney General Josh Kaul, based on Avery’s appeal of his 2007 Manitowoc County conviction for 1st degree intentional homicide in the slaying of photographer Theresa Halbach. Kaul filed his response on friday to the motion based on alleged violations of Arizona v. Youngblood. Kathleen Zellner, Avery’s attorney, claims those violations took place when bone fragments found in a Manitowoc County quarry were handed over to the Halbach family in 2011, without Avery being informed. The attorney general countered in ‘his’ response saying, “Any claim for a new trial premised upon the failure to previously test the bone fragments, or the alleged improper disposition of certain bone fragment evidence is barred because the claims could have been raised previously on several occasions.”
Kaul also called into question the “usefulness” of the evidence found in the quarry. Zellner has asked to use Rapid DNA technology to test the bones…but Kaul said the identification technology is not authorized or approved for forensic use and therefore can’t be used to test those samples. The Chicago attorney has also requested that Sheboygan County Judge Angela Sutkiewicz recuse herself from the Avery case because she can’t be impartial. But, the A-G stated there’s no basis in the record requiring the court to consider recusal. Avery and his nephew, Brendan Dassey, are serving life prison terms for killing Halbach in 2005.
