A Making A Murderer inspired petition is asking Judge Angela Sutkiewicz to remove herself from Steven Avery's hearing, as the creators claim she has a conflict of interest. The petition, which has a goal of 15,000 signatures, has surpassed 12,310 at the time of publishing. It was started by an anonymous user under the name "Steven Avery Truth Wins" on Saturday.
The petition description explains Sutkiewicz has prior involvement in the Avery case. Avery, who is currently serving life in prison for the murder of Teresa Halbach, maintains he's innocent. The petition claims Sutkiewicz has never sided with Avery in the two related trials she's been a part of.
"She has presided over the Halbach wrongful death case and Steven's post-conviction case, this is totally improper and she should recuse herself as judge Willis did," the description reads. "If she does not, Avery expects her to rule against him as she has done on every issue to date."
There may be a legal argument for Sutkiewicz to step down. A judge is asked to remove themselves from any case they've had prior interaction within a previous court, according to the Model Code of Judicial Content.
Avery supporters are keen on seeing Sutkiewicz removed from Avery's upcoming hearing because of her vocal opposition of giving Avery the opportunity to share new evidence. Avery's lawyer, Kathleen Zellner, will present a set of new evidence in the case. The team won the motion to appeal after presenting a motion citing several Brady Violations on behalf of Wisconsin, or information that could have helped Avery, which was left out. Zellner also cited a Youngblood vs. Arizona violation, which she found after the Wisconsin Department of Justice returned untested, alleged human bones to the Halbach family.
Sutkiewicz did not support Avery's right to appeal after Zellner's submissions, according to conversations on the Tic Tock Manitowoc Reddit thread.
The petition explained Avery's right to a fair hearing. "As a supporter of Avery Dassey through Making & Murderer and a member of groups, like the other hundreds of thousands around the world believe Steven will never receive a fair hearing by anyone with a conflict in his previous years," it read.
Avery's case will be heard in the next 60 days. He could be granted a second trial.
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