DOJ: Steven Avery Sealed His Own Fate

The state Justice Department said Steven Avery sealed his own fate – and he should not be given a new trial in the brutal death of Teresa Halbach near Mishicot. Avery’s lawyers said it was illegal for a juror to be replaced after deliberations began in his original trial in Manitowoc County in 2007. But assistant attorney general Tom Fallon said Avery could have done several things after juror Richard Mahler said he needed to leave for a family matter. Fallon said Avery chose a substitute juror – and while it’s not a part of state law, Avery still had the right to make the choice. Avery’s lawyers also contended that the jury should have heard about the possibility that other relatives might have killed Halbach at the family’s auto salvage yard on Halloween of 2005. But Fallon said Avery got a fair trial with full consideration and an aggressive defense. Manitowoc County Circuit Judge Patrick Willis has until December 1st to decide whether to grant Avery’s request for a new trial.

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