According to the appeal, the juror, identified in court documents as “C.W.,” made repeated comments that Avery was “f—ing guilty.” He also allegedly told other jurors, “If you can’t handle it why don’t you tell them and just leave.”
Avery, who was still representing himself when he filed the appeal, argues that the juror “had [notions of] preconceived guilt,” which “deprived Avery of an impartial jury trial,” according to the court documents.
Avery is possibly referring to Carl Wardman, a juror who volunteered with the Manitowoc County Sheriff’s Department while he was seated for Avery’s trial.
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Avery also argues in the documents that the search that yielded incriminating evidence against him was illegal, alleging that it went beyond the limits set by the warrant.
Last week, Avery secured a new defense team: Chicago lawyer Kathleen Zellner announced Friday that her firm would assume Avery’s representation, along with Tricia Bushnell, the legal director of the Midwest Innocence Project.
Avery’s trial and subsequent conviction in the death of Halbach, following an earlier wrongful conviction, have made headlines following the release Netflix’s Making a Murderer last month.
The 10-part documentary series, filmed over many years, heavily scrutinizes the course of Avery’s arrest, trial and conviction for murder, and has inspired an impassioned call for his pardon and release.