Supreme Court denies new trial for man convicted of robbery - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Supreme Court denies new trial for man convicted of robbery


MADISON (WKOW) -- A divided Wisconsin Supreme Court denies a new trial for Brian Avery.

Avery was convicted of robbing two Milwaukee grocery stores nearly 20 years ago.

The 5-2 decision Wednesday morning overturns a lower court's ruling which stated new digital enhancements of surveillance video raised doubt about his guilt.

The Supreme Court says there is not a reasonable probability a jury would reach a reasonable doubt as to the guilt of Avery, even with viewing the new evidence.

Avery was 19-years-old in 1994 when detectives accused him of being part of a gang that robbed the stores.  A jury convicted him of armed robbery and he was sentenced to 30 years in prison.

A state appeals court in 2011 granted him a new trial, based on the enhanced imagery.

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