The lawyer for Making a Murderer protagonist Steven Avery has applied for bail this week. The development could free Avery in a few months.
However, Wisconsin’s Assistant Attorney General Thomas Fallon said Avery was at “flight risk,” which means that Avery’s freedom is not completely assured. As reported by Express, in a letter to Judge Angela Sutkiewicz, Fallon said that “Avery no longer enjoys any presumption of innocence. He stands convicted of first-degree intentional homicide and possession of a firearm as a convicted felon, and he received a life sentence without possibility of parole.” It further says that “there is a substantial risk Avery will not appear to answer the judgment following the conclusion of his post-conviction proceedings. He has nothing left to lose.”
Avery, who was arrested and sentenced to life imprisonment for the murder of Teresa Halbach in 2005, accused the prosecution, a member of the jury and an appeal judge of “fraud.” In a court argument, Avery also accused them of misconduct in relation to his conviction and appeal denied last year. Avery said that public defender Thomas Aquino avoided interviewing 20 witnesses who were identified as “whistle blowers in the case,” Mirror reports.
Avery’s lawyer Kathleen Zellner says the proof used by authorities to arrest Avery was manipulated. The paperwork she filed says that Halbach’s car was tampered and transferred to the car salvage grounds owned by the Avery family.
Avery has also said that the jury member identified only as C.W. in court papers influenced the jury after he shouted out that Avery was “F****** guilty!”
Avery’s case has elicited a widespread campaign. One of the campaigners, Shaun Attwood, said the courts are delaying judgment to psychologically affect Avery. “This is typical, their request for more time just means they are deliberately postponing and postponing,” he said. “That’s what he’s up against, it’s absolutely frustrating and they are deliberately slow playing. This kind of tactic is nothing new but they are trying to psychologically damage him.”