Wis. Supreme Court denies new trial in robbery
Enhancement of surveillance video prompted review
A divided Wisconsin Supreme Court has denied a new trial for a man convicted of robbing two Milwaukee grocery stores nearly 20 years ago.
The 5-2 decision Wednesday overturns a lower court's ruling that new digital enhancements of surveillance video raise doubts about his guilt.
The Supreme Court said there is not a reasonable probability that a jury would have a reasonable doubt as to the guilt of Brian K. Avery that includes viewing the new evidence.
Both Avery's attorney from the Wisconsin Innocence Project and a spokeswoman for the state Justice Department, which prosecuted the case, did not immediately return messages.
A state appeals court in 2011 granted Avery a new trial, based on the enhanced imagery. Although sentenced to 30 years in prison, he was paroled in 2007.
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