New trial requested in 'Making a Murderer' case
- Author: Larry Hoffman Jun 08, 2017,
Jun 08, 2017, 14:10
Attorneys with the state Attorney General's Office will respond to the motion before any arguments are heard and a decision on whether Avery will receive a new trial is granted.
Attorney Kathleen Zellner filed a 1,272-page notice for post conviction relief Wednesday in Manitowoc County.
Avery is serving a life sentence for the murder of Theresa Halbach in 2005. The case gained national attention in 2015 after Netflix aired "Making a Murderer", a multi-part documentary examining Halbach's death.
The Wisconsin Department of Justice did not immediately reply to a request for comment. Filmmakers presented the possibility that Avery and his nephew Brendan Dassey were wrongly convicted. A judge overturned Dassey's conviction in August. A federal appeals court will decide if Dassey will be released.
Avery's Zellner, posted a portion of the motion on her website.
According to Zellner, those factors - and the questionable conduct of authorities, as displayed in the Netflix documentary series - mean it's possible Halbach's former partner Ryan Hillegas killed her. She also maintains that a spare key for Halbach's sport utility vehicle found in Avery's bedroom was planted by sheriff's deputies. The attorney says Hillegas' lack of an alibi for the night of her murder, the allegedly false information he gave to investigators about damage to Halbach's auto, and his alleged history of domestic abuse are just some of the factors to suggest he had both the motive and the opportunity to kill Halbach.
Steven Avery is an American convict from Manitowoc County, Wisconsin.
In November, Zellner announced that an agreement had been signed to begin independent scientific testing on several critical pieces of evidence. A forensic expert who recently tested the bullet believed to have killed Halbach writes in the documents: "There is no evidence to indicate that bullet passed through bone", and instead it was likely shot through "a manufactured wood product".