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Making A Murderer's Steven Avery Just Won An Appeal And Could Have A Retrial

Making A Murderer's Steven Avery Just Won An Appeal And Could Have A Retrial

Badass lawyer Kathleen Zellner revealed on Monday that Steven Avery from Making A Murderer could finally go back to a Wisconsin circuit court to have his controversial case reexamined.

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The Wisconsin Court of Appeals filed its decision on Monday, when the subject of the Netflix smash won his motion to appeal.

In 2007, 56-year-old Avery was found guilty of the 2005 murder of 25-year-old car magazine photographer Teresa Halbach, who he claims he did not kill. He is currently serving life in prison.

Zellner spoke to Newsweek explaining that this is a big win for Avery.

"The appellate court granted our motion to supplement the record with the evidence the bones were destroyed," she explained.

Kathleen Zellner, Avery's lawyer. Credit: Netflix
Kathleen Zellner, Avery's lawyer. Credit: Netflix
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"The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial. Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win."

Zellner filed a motion to appeal on Avery's behalf based on a collection of possible human bones, which was allegedly in the possession of the Wisconsin Department of Justice.

When Zellner filed a motion to have the bones tested for DNA, she found the bones had been returned to Teresa Halbach's family. And, according to the state, they had never been tested for DNA.

'Making A Murderer' Lawyer Kathleen Zellner Shares New Information About Steve Avery Case
'Making A Murderer' Lawyer Kathleen Zellner Shares New Information About Steve Avery Case

Zellner then filed a motion for appeal, claiming the return of the bones constituted a Youngblood vs. Arizona violation. In other words: potentially crucial evidence in Avery's case was kept from further testing by handing it back to Halbach's family.

The Court of Appeals agreed. The approval read: "IT IS ORDERED that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion raising 'claims for relief in connection with the State's violation of WIS. STAT. § 968.205 and Youngblood v. Arizona'."

Zellner celebrated with Avery's supporters on her Twitter account saying: "Avery Update: We Won!!!!!! Back to the circuit court," she wrote, along with the hashtag #TruthWins."

Evidence surrounding the bones can now be submitted and could result in a second trial for convicted first-degree killer Avery.

A new trial would mean Avery's representatives can present new evidence uncovered since his first trial.

Zellner has come up with a steady theory, naming other people she believes could be responsible for Halbach's tragic and mysterious death, as seen in the second series of Making A Murderer.

Some of the evidence Zellner plans to present in a retrial relies on forensic testing, from a bullet found in Avery's garage, to blood splatter and flakes found in Halbach's Toyota Rav4.

The lawyer also told Newsweek about a collection of evidence not seen in the second series of Making A Murderer, including information on her lead alternative suspect, Bobby Dassey.

Zellner has 14 days to file any 'supplemental postconviction motions'.

Catch up on Making A Murderer on Netflix and watch this space for more news on the case.

Featured Image Credit: Netflix

Topics: Entertainment, TV and Film, TV News, Real, TV Entertainment

Amelia Jones

Amelia is a freelance journalist and editor specialising in beauty, health, fitness and lifestyle. She has previously worked for titles including Women's Health, Cosmopolitan, Stylist, Red and the Mail on Sunday.

 

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