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Judge Decides Against Steven Avery Getting New Trial

Avery To Be Sentenced On June 1

UPDATED: 5:28 pm CDT May 22, 2007

Manitowoc County judge ruled on Tuesday that Steven Avery won't get a new trial for the murder of Teresa Halbach.

The decision was made during a 30-minute hearing.

The 44-year-old was convicted of first-degree intentional homicide and being a felon in possession of a firearm in March, but he was acquitted of mutilation of a corpse.

He and his 17-year-old nephew Brendan Dassey are accused of murdering the 25-year-old photographer and then burning her body near the family's rural salvage lot on Halloween 2005.

Avery's lawyers filed a 38-page motion last month for a new trial, saying that the verdict was "inconsistent and irreconcilable," among other things.

Judge Patrick Willis said that he wasn't aware of any Wisconsin case law that allowed a judge to overturn a jury's verdict for inconsistency.

Avery will be sentenced on June 1 and faces a mandatory sentence of life in prison, plus 10 years. Willis has the option of setting a parole eligibility date.