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kathleen zellner is determined to get steven avery a new trial - news

Published on 15 May 2019 / In Non-profits & Activism

The lawyer representing Making a Murderer‘s Steven Avery has filed motions with Wisconsin courts asking to conduct new scientific testing on Avery’s blood to determine whether it might have been planted by law enforcement officers.

In the new motion, Avery alleges his blood was planted in the victim’s car by law enforcement and wants the most scientific testing available to prove it. That was the theory advanced by his first defense team and rejected by a jury.

The motion does not reveal an alternative suspect by name but does refer to an “Individual A and B” as being present at key moments.
The Wisconsin Court of Appeals told Heavy that Avery’s Chicago-area attorney, Kathleen Zellner, had filed a motion in Avery’s case on August 26. In addition, Zellner is asking the state court to allowed her to conduct new DNA testing in the case that wasn’t available when Avery was first tried almost a decade ago, the appeals court filing says.

In the 45-page motion she filed with the state court, Avery is asking the courts to allow a variety of new tests, including body fluid testing and testing on evidence not done before, such as on the victim’s battery cable in her car, said ABC News. She also wants new testing that could shed light on the age of Avery’s blood found in the car of victim Teresa Halbach.

“Mr. Avery has already completed a series of tests that will conclusively establish his innocence,” Zellner said in the new motion, according to Newsweek. The news magazine said Zeller will “reveal her theory on the identity of the real killer once she has the results of the new tests she intends to conduct.”

“Because the results of the requested testing and any subsequent litigation could result in Mr. Avery’s conviction being overturned, it is appropriate to hold this appeal in abeyance pending the results of that testing and any subsequent litigation in the circuit court,” the motion filed in appeals court says.

The Wisconsin Appeals Court had given Zellner until August 29 to make a filing.

Avery is the Wisconsin man who drew international fame after the Netflix docuseries chronicled his wrongful conviction for a sexual assault and then his new conviction for the murder of photographer Teresa Halbach, who had come to his family’s junkyard in Manitowoc County, Wisconsin to photograph a van.

Reporters had gathered at the Manitowoc County Clerk of Courts office awaiting the detailed filing asking to conduct new DNA testing. Zellner kept those interested updated on Twitter of her arrival. She filed the motion asking for new testing in Manitowoc County and the motion asking for a stay of the appeal with the Wisconsin Court of Appeals in Madison, Wisconsin.

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