'Making a Murderer' subject Steven Avery denied new trial

His case captivated the nation after it was the subject of a Netflix docuseries.

ByABC News
October 3, 2017, 4:38 PM

— -- "Making a Murderer" subject Steven Avery has been denied a new trial for the murder of Teresa Halbach after a judge ruled there was not sufficient evidence to warrant one.

Sheboygan County, Wisconsin, Judge Angela Sutkiewicz issued the ruling Tuesday, saying, "The defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice," according to ABC affiliate WBAY.

The judge also stated that "no further consideration will be given to this issue."

But Avery's attorney, Kathleen Zellner, said he's not giving up.

"We are filing an amended petition because we have additional test results and witness affidavits. The scientific testing is not completed. We remain optimistic that Mr. Avery's conviction will be vacated," Zellner said in a statement to WBAY.

Avery and his nephew Brendan Dassey were each convicted of first-degree intentional homicide during separate jury trials in 2007. Prosecutors said the duo raped and murdered Halbach, a freelance photographer, on the Avery family’s salvage yard in Mishicot, Wisconsin.

The case captivated the nation after it became the subject of the Netflix docuseries "Making a Murderer" in 2016.

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