Wis. Supreme Court denies new trial in robbery

Published On: Jan 30 2013 10:33:52 AM CST   Updated On: Jan 30 2013 01:49:12 PM CST
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.

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.