Steven Avery of Netflix’s Making A Murderer has just won a motion to appeal his murder conviction.
Avery’s lawyer Kathleen Zellner has called the story’s development a “big win” after she claimed that the evidence from the case was mishandled by authorities at the time. The appeal, which Zellner filed on behalf of Avery, is based on potential human bones that were found in a gravel pit and never tested for DNA. Instead of being tested, they were returned to Teresa Halbach’s family, which is a violation of Wisconsin law.
We are going to have an extraordinary number of constitutional violations when we are done. The COA is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins @michellemalkin @EFMoriarty #MakingaMurderer #WorkWithKZ
— Kathleen Zellner (@ZellnerLaw) February 25, 2019
Avery and his nephew Brendan Dassey were sentenced to life in jail for the murder of Halbach in 2005, but over the years the pair have not wavered on asserting their innocence. Now, Zellner has argued that if the bones that were found do, in fact, belong to Halbach, it goes against the prosecution’s argument that she was killed in Avery’s vehicle salvage yard where her remains were found a week after she went missing.
“The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing,” Zellner explained to Newsweek magazine. “The circuit court can grant a new trial, or if not, back to apellate court who can reverse the conviction and/or grant a new trial.”