The attorney for Steven Avery has released a third motion for post-conviction relief for his 2007 conviction in the killing of Teresa Halbach in Manitowoc County.
Kathleen Zellner filed the motion Aug. 16 in Manitowoc County Circuit Court. CLICK HERE to read the full motion.
Avery is requesting an evidentiary hearing on the basis of two new witnesses with “new and compelling evidence about a murder mystery that has intrigued a worldwide audience.” The case was the subject of the Netflix true crime docuseries “Making a Murderer.”
Zellner claims that the witnesses can provide “new and undisputed evidence that directly links” a third party suspect to the murder of Teresa Halbach and framing of Avery.
The third party suspect is identified as one of Avery’s nephews in the Dassey family. Action 2 News is not publishing the name at this time as no criminal charges have been filed.
Halbach was murdered Oct. 31, 2005. She had visited the Avery Salvage Yard in Mishicot to photograph vehicles for a magazine. Halbach was reported missing. Her RAV-4 was found at the Avery Salvage Yard on Nov. 5, 2005. Investigators found bone fragments in a burn pit on the property.
Zellner claims the third party suspect killed and mutilated Halbach and planted evidence in her vehicle, including Avery’s blood on the seats and dash and DNA on the hood latch.
Zellner says the real motive of the killing of Halbach was “sexual homicide” as the third-party suspect was known to view violent pornography.
The third-party suspect was a key witness against Avery at trial.
A forensic examination of the Dassey computer found searches for words like “DNA” and “bondage” and “stab” and “fire” and deleted and recovered pornography depicting the torture and mutilation of young women.
Zellner says evidence has been presented that shows the third-party suspect was in possession of Teresa Halbach’s vehicle and items that were used “in the frame-up of Mr. Avery.”
The motion says the new evidence shows the Halbach vehicle was returned to Avery Salvage Yard from a different location, which Zellner says was corroborated by a witness who saw a vehicle similar to Halbach’s leave the salvage yard and head toward Highway 147 between 3:30 p.m. and 4 p.m. on the date of the murder. The witness observed the third party suspect and another man pushing the RAV-4 down Avery Road, which directly intersects with State Highway 147, in the early morning hours of Nov. 5, 2005.
“The newly discovered evidence that [third-party suspect] was in possession of Ms. Halbach’s vehicle means that he had opportunity and access to plant evidence in the vehicle and from the vehicle,” reads the motion.
The motion states that there is “reasonable inference” that he planted bones in the Avery burn pit.
Zellner is also claiming a Brady violation because a call to dispatch from a witness claiming to see the vehicle leave the property was not provided to previous counsel. Zellner says her office received the “previously suppressed” call that was placed on Nov. 6, 2005. The recording had never been disclosed to the trial defense.
Zellner says the existence of the call negates trial testimony that Halbach’s RAV-4 never left the property and that Avery was the last person to see Halbach alive.
Another witness came forward to report seeing Halbach’s RAV-4 parked at a turnaround at Highway 147 and East Twin River Bridge on Nov. 3 and 4, 2005. The witness stated he told a deputy about it, but no report was generated.
Zellner says witness statements of the vehicle leaving the property support the theory that the RAV-4 was later planted at the Avery Salvage Yard when it was discovered on Nov. 5, 2005.
Avery is serving a life sentence for a count of 1st Degree Intentional Homicide. A judge will decide whether to grant Avery a hearing based on the new evidence. Judge Angela Sutkiewicz is assigned to the case. She has previously denied Avery a motion for a new trial.
Previous appeals have focused on claims of Ineffective Assistance of Counsel, Brady violations, and Destruction of Bone Fragments. The courts have continued to uphold Avery’s conviction.
In June, Avery was moved to medium security at Fox Lake Correctional Institution upon Zellner’s request. He had previously been housed at maximum security Waupun Correctional Institution.
Avery’s nephew, Brendan Dassey, was also convicted of killing Halbach. He will be able to ask for parole in 2048. Dassey appealed his conviction up to the United States Supreme Court. The justices declined to hear his case. Dassey’s attorneys are now asking Gov. Tony Evers to consider clemency or early release. They argue Dassey’s confession to the crime was coerced by detectives. Dassey was 16 at the time of his confession and considered to be low IQ.
“Brendan Dassey was a sixteen-year-old, intellectually disabled child when he was taken from his school and subjected to a uniquely and profoundly flawed legal process. That process rightly sought justice for Teresa Halbach, but it wrongly took a confused child’s freedom in payment for her loss. Such a debt can never be justly repaid with the currency of innocence,” reads the clemency petition.
In 2019, Dassey was moved from maximum security Columbia Correctional to medium security Oshkosh Correctional.
INITIAL REPORT
The attorney for Steven Avery is expected to file a third motion for post-conviction relief Tuesday.
“Buckle up,” Kathleen Zellner tweeted to followers.
Avery is serving a life sentence for the 2005 murder of Teresa Halbach in Manitowoc County. Avery is appealing his conviction of 1st Degree Intentional Homicide. The case gained international attention with the Netflix documentary series “Making A Murderer.”
Zellner says her team has new evidence to introduce, which will likely be the focus of Tuesday’s motion.
Previous appeals have focused on claims of Ineffective Assistance of Counsel, Brady violations, and Destruction of Bone Fragments. The courts have continued to uphold Avery’s conviction.
In June, Avery was moved to medium security at Fox Lake Correctional Institution upon Zellner’s request. He had previously been housed at maximum security Waupun Correctional Institution.
Avery’s nephew, Brendan Dassey, was also convicted of killing Halbach. He will be able to ask for parole in 2048. Dassey appealed his conviction up to the United States Supreme Court. The justices declined to hear his case. Dassey’s attorneys are now asking Gov. Tony Evers to consider clemency or early release. They argue Dassey’s confession to the crime was coerced by detectives. Dassey was 16 at the time of his confession and considered to be low IQ.
“Brendan Dassey was a sixteen-year-old, intellectually disabled child when he was taken from his school and subjected to a uniquely and profoundly flawed legal process. That process rightly sought justice for Teresa Halbach, but it wrongly took a confused child’s freedom in payment for her loss. Such a debt can never be justly repaid with the currency of innocence,” reads the clemency petition.
In 2019, Dassey was moved from maximum security Columbia Correctional to medium security Oshkosh Correctional.