Steven Avery Running Out of Appeals - WBAY

Steven Avery Running Out of Appeals

More than six years after he was sentenced to life in prison, Steven Avery is still trying to have his conviction overturned. Avery, along with his nephew Brendan Dassey were both convicted for the 2005 rape and murder of freelance photographer Teresa Halbach. A telephone conference schedule for next week could be the end of the road for Avery's appeals.

Steven Avery has been an inmate in the Wisconsin Correctional System ever since a Manitowoc County judge sentenced him to life in prison without the possibility of parole for the murder of Teresa Halbach. Since then, with the help of an appellate team and most recently on his own, Avery has filed post-conviction motions to have the verdict overturned. The latest motion, submitted to the court by Avery himself, was filed in February of last year. The State responded in a timely manner, but the issue has remained unresolved.

"There were some logistical issues that contributed to the delay along with the appointment of counsel," says prosecutor Tom Fallon. "That's why it's taken about a year and a half."

Now, nearly 18 months after the motion was filed, prosecutor Tom Fallon believes next week's telephone conference will address Avery's motion. Many claims, according to Fallon, have already been barred by applicable law or were waived or forfeited because they were not raised earlier. Fallon says the only new issue in the motion is Avery's claim that agents of the state were listening to his private conversations with his attorney. It's a claim Fallon says has yet to be proven.

Adding, "No such facts have been produced. In June the state filed a letter with the court renewing its motion for dismissal of the post-conviction proceedings because there's insufficient facts to justify the claim."

Something Fallon expects the court to rule on next week that could end Steven Avery's continued appellate process. He says, "All of his appellate challenges should be and most likely have been exhausted as a result of this last go around."

We reached out to Steven Avery's attorney for comment but he did not return our calls.
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