Appeals expected in Avery conviction in Wisconsin.

Byline: Jack Zemlicka

Sixty witnesses, nearly 500 pieces of evidence and 22 hours of deliberation were enough for a jury to convict Steven Avery of first-degree intentional homicide and being a felon in possession of a firearm. The question facing the defense is, what next? "We're going to let the dust settle and review our options," said defense attorney Jerome F. Buting, who along with fellow defense attorney, Dean A. Strang, have 30 days to file motions challenging the verdicts. After a grueling three-and-a-half week trial, Avery, 44, was found guilty on March 18 of murdering 25-year-old photographer Teresa Halbach. Avery was acquitted of the charge of mutilating a corpse, but still faces a mandatory sentence of life in prison. Avery gained national notoriety when, after 18 years in prison, he was released in 2003 after DNA evidence proved he was wrongly convicted. He is again in the spotlight after becoming the second person convicted of a serious crime after being cleared by DNA testing, and the first to be convicted of murder. With less than a month to file motions on the verdicts, Buting noted that in addition to several instances during the proceedings which will likely demand appeals, there were 15-20 pre-trial motions to consider regarding searches, venue and right to a fair trial. "It's really too early to say what we're definitely going to appeal, but there are several avenues being considered," said Buting. Inconsistent Convictions One of the potential appeals Buting mentioned was based on the inconsistency of the verdicts. "It's hard to rationally understand how there could be an acquittal of mutilating a corpse," said Buting, who thought the ruling was inconsistent with the murder conviction. Avery had been accused of killing Halbach, then burning her body in a dirt pit behind his garage. During the trial, the state called several witnesses to testify on the location of bone fragments and the manner in which the body was disposed. Buting admitted that the law is not particularly supportive of that type of appeal in criminal cases, since juries typically decide on each count separately. "There are some exceptions, but generally, it's not favorable because jurors are entitled to look at each count individually," said Buting. "We'll have to see if factually, legally and logically, the charges were consistent and if they can be linked." Prior to the trial, charges of kidnapping and sexual assault against Avery were dropped...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT