Wisconsin Governor Scott Walker Makes His Opinion Of ‘Making A Murderer’ Subject Steven Avery Known



Thousands of people have signed petitions asking President Obama to pardon Steven Avery for his conviction in the murder of Teresa Halbach, the subject of the Netflix documentary Making a Murderer. While President Obama has no jurisdiction over the matter, Wisconsin Governor Scott Walker does. However, it appears that he is not sympathetic to the pleas of Avery.

In spite of strong evidence suggesting corruption in the trial against Steven Avery for the murder of Teresa Halbach, the Wisconsin Governor and former candidate for the Republican nomination for President has not been persuaded. In fact, Avery’s new legal team will face an uphill battle if they seek to have Avery pardoned by the Governor, as tough-on-crime Scott Walker has never issued a pardon during his five-year tenure.

In implying that no pardon was forthcoming, Walker cites the unanimous opinion of the Wisconsin Court of Appeals, which admittedly gets it right from a technical, legal standpoint. In his appeal, Avery cited three reasons he deserved a new trial: 1) There were others on his property who could have committed the murder; 2) the search on his property that uncovered the key to the RAV4 was improper because it came two days after the initial search warrant; and 3) he deserves a new trial because a juror was improperly excused.

From a legal standpoint, the Appeals Court ruled properly on the only three issues in front of them. Legally, Avery was not allowed to point to any number of people who were also on his property during the time that Halbach was murdered unless he could show that one of those people had a motive to kill Halbach. Avery could show no such motive. As to the continuation of the search, the key was admissible because it is both legal to continue a search under a warrant for several days and because of the inevitable discovery doctrine (in his appeal, Avery did not contend the key was planted by police, although the Netflix documentary strongly makes that case).

Finally, Avery lost on the third point, as well, arguing that the excusal of the juror warranted a new trial. However, Avery — and his lawyers — agreed at the time of the trial to the removal of the juror, though it turns out that the “family emergency” was not as urgent as the juror made it out to be (the juror’s stepdaughter had been in a car accident). However, the appeals court reasoned, there was no reason for the lawyers on either side to know that the emergency wasn’t as urgent as the juror suggested. The juror said that he would have a difficult time focusing on the case because of the accident, and Steven Avery, lawyers for both sides, and the judge took him at his word.

Around The Web

Real Stories

How ‘Making A Murderer’ Fans Have Influenced The Search For Truth In The Teresa Halbach Murder

How The ’96 VMAs Cost Van Halen Their Chance At Being More Than ’80s Greats

‘Oh There You Are, Peter’: A Lost Boys’ Oral History Of ‘Hook’

The Birth, Death, And Possible Rebirth Of Hunter S. Thompson’s ‘Freak Power’ Movement

‘It’s All In The Reflexes’: The Story Of The Contentious ‘Big Trouble In Little China’ Screenplay

The Story Of One Father’s Incredible Odyssey To Become A U.S. Citizen

The Rise, Fall, And Redemption Of Marshall Henderson

The Story Behind Mr. Xtreme And The Real-Life Superhero Community

A Deeper Look Into How ‘The Last Dragon’ Became An ’80s Classic

The Story Behind ‘What About Bob?’: An Ensemble Masterpiece Disguised As A Bill Murray Vehicle

‘Potato Chip’: The Behind-The-Scenes Story Of The Weirdest ‘SNL’ Sketch Ever

A Deeper Look Inside The Final Days Of Extreme Championship Wrestling

By: 05.12.16

Which Is Why I Am A Spy: An Oral History Of ‘Harriet The Spy’

By: 05.11.16

The Story Of Frybread — From Cheap Staple To Cultural Touchstone

The Behind-The-Scenes Story Of ‘Real Genius’

‘Much Too Good For Children’: The Story Behind The Film Adaptation Of ‘Matilda’

The Behind-The-Scenes Story Of The Rock And Triple H’s All-Too-Real Rivalry

The Story Behind The Farley-Spade Classic That Could’ve Been