Gov. Walker says he will not pardon Steven Avery
Gov. Scott Walker has said he will not pardon Steven Avery.
Since the release of the Netflix series "Making a Murderer" last month, thousands of people have signed online petitions, asking for the pardon.
Avery was convicted of murdering Teresa Halbach in 2005. So was his nephew, Brendan Dassey.
A change.org petition for Steven Avery's pardon has hundreds of thousands of signatures.
But Walker told reporters he won't consider it.
"Just because a documentary on TV says something doesn't mean that's actually what the evidence shows," Walker said. "The bottom line is that there was a crime that was committed a decade ago.There is a system in the judicial system by which individuals can petition the courts to get relief like others have done in the past that shows that someone might actually be innocent. But I am not going to override a system that is already put in place."
The petition also asks President Barack Obama for a pardon and there's a similar petition on whitehouse.gov.
But Appleton-based attorney Ron Tusler, who is not affiliated with Avery's case, told FOX 11 Obama does not have control over state cases like Avery's.
"President Obama would be able to comment if this was a federal charge, but as a state charge, his pardon isn't useful," Tusler explained.
During his time in office, Walker has not given any pardons.
Tusler told us pardons are rare.
"It would take a great deal of research. It would take a great deal of work to try to determine whether someone should be overturned and given a pardon," he said.
Dean Strang, Avery's attorney during the trial, said Avery has exhausted all his appeals.
"Steven's realistic hope lies in new evidence being discovered and that might be either someone who's been carrying a secret for 10 years that he or she has not disclosed - saw something, heard something. Or an advance in scientific testing," Strang said.
We reached out Ken Kratz, the prosecutor in Avery's trial, for comment on this story, but did not hear back.
We did speak with Kratz late last month. He said then the series was one-sided.
"I believe there to be 80 to 90 percent of the physical evidence, the forensic evidence, that ties Steven Avery to this murder never to have been presented in this documentary."
Brendan Dassey has also exhausted his appeals. However, he will be eligible for parole in 2048.