The exonerated Steven Avery made internationally famous in the Emmy-winning documentary, Making a Murderer, is facing his most grave challenge yet.
Mr. Avery is fighting for his freedom again after being framed by Wisconsin law enforcement a second time in 2007 after he sued Manitowoc County for $36-million for his first wrongful conviction in 1985.
Post-conviction litigation is being pursued by Avery’s attorneys, Kathleen T. Zellner and Steven G. Richards, in the Wisconsin court system (State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288). The case is awaiting a decision in state appellate court (Work with KZ).
This week, Avery’s attorney, Kathleen T. Zellner, spoke with Edward Michael Johnston, a Senior Lecturer in Law at the University of the West of England Bristol.
In the interview conducted via Zoom on March 12 with Dr. Johnson for his YouTube channel, Criminal Justice Natters, Ms. Zellner offered that she knows who the actual killer of Teresa Halbach is, and what the circumstances are.
“I’m absolutely, 100 percent sure that he’s [Steven Avery] innocent. I’m 100 percent sure I know who the killer is and exactly how this happened,” said Zellner at the 32-minute mark.
Viewers of the docu-series would love to hear Zellner’s theories on the murder but will have to wait until the time is right procedurally for this to be revealed.
Experts believe naming the killer outright publicly in an ongoing post-litigation case could infringe the presumption of innocence, and potentially could lead to destruction of evidence or perhaps goad the real killer into fleeing, among other developments.
Zellner, a veteran of many wrongful conviction cases, said killers almost always confide in other people, and suggested it is just a matter of time before the killer is brought to justice.
Meanwhile, Brandan Dassey, also convicted of helping to kill Ms. Halbach, and his supporters are pressuring Wisconsin Governor Tony Evers for a full pardon, in light of the lack of a case against Dassey.
The cases remain a stain on the Wisconsin legal system and the state Dept of Justice.
The District Attorney, Ken Kratz, who prosecuted both the Avery and Dassey cases resigned in disgrace in 2010 after sexual assault and harassment allegations against him came to light and Gov Jim Doyle began removal proceedings.
Kratz has retired from the practice of law following a complaint with the Wisconsin Office of Lawyer Regulation by Wisconsin resident Michael Leon for misrepresentation of his ability to practice law, and Kratz has reportedly moved from Wisconsin.
Still, the Wisconsin Dept of Justice stubbornly defends the case against Dassey brought by a disgraced district attorney in a severely biased jurisdiction.
The Zellner-Johnston interview is below: