01-13-2016, 07:38 PM
Motion to Vacate Conviction Filed
Avery filed two motions Monday alleging violations of due process rights in his prosecution for the 2005 rape and murder of photographer Teresa Halbach, according to CNN affiliate WBAY.
The motion seeks a stay of enforcement of the judgment and release on bond. If the court decides to vacate Avery's conviction based on his claims, prosecutors would have to decide whether to retry him without the impermissible evidence.
Wisconsin prosecutors and law enforcement have accused the Making of a Murderer documentary directors of cherry-picking the evidence to cast it in a light favorable to Avery.
Prosecutors laid out their case: Halbach's Toyota RAV4 (which had blood in it, including Avery's) was found on the Avery family's lot. Tissue and bone fragments that matched Halbach's DNA profile were found outside Avery's mobile home. Avery's then-16-year-old nephew, Brendan Dassey, confessed to authorities that he had assisted his uncle in raping and killing her.
Full story: http://www.cnn.com/2016/01/12/entertainm...peal-feat/
Avery filed two motions Monday alleging violations of due process rights in his prosecution for the 2005 rape and murder of photographer Teresa Halbach, according to CNN affiliate WBAY.
The motion seeks a stay of enforcement of the judgment and release on bond. If the court decides to vacate Avery's conviction based on his claims, prosecutors would have to decide whether to retry him without the impermissible evidence.
Wisconsin prosecutors and law enforcement have accused the Making of a Murderer documentary directors of cherry-picking the evidence to cast it in a light favorable to Avery.
Prosecutors laid out their case: Halbach's Toyota RAV4 (which had blood in it, including Avery's) was found on the Avery family's lot. Tissue and bone fragments that matched Halbach's DNA profile were found outside Avery's mobile home. Avery's then-16-year-old nephew, Brendan Dassey, confessed to authorities that he had assisted his uncle in raping and killing her.
Full story: http://www.cnn.com/2016/01/12/entertainm...peal-feat/