Wis. Supreme Court denies new trial in robbery case

CREATED Jan 30, 2013

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MADISON, Wis. (AP) -- 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 says 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.

Avery was 19 years old in 1994 when detectives accused him of being part of a gang who 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.