A motion filed by Steven Avery’s lawyer, Kathleen Zellner, for new DNA testing in hopes of freeing Avery was denied by the Wisconsin Court of Appeals on Friday, according to local Greenbay, Wisconsin, news site WLUK. The lawyer who caught instant fame on Making A Murderer wanted to test bones found in Manitowoc county gravel pits, which appeared they could be human. Thus far, all of Avery’s motions for appeal have been denied.
It only took 11 days for the court to ax Zellner’s plan for DNA testing, which she explained was agreed upon by the original court who convicted Avery for the murder of Teresa Halbach. Avery is spending life in prison without parole, though he still states he’s innocent.
Zellner isn’t discouraged by the ruling, as it only points at Avery’s possible appeal. The bones could still be tested, just not at this point. “As the State admitted there is not much Wisconsin case law on point,” Zellner explained to Newsweek. ”The appellate court wants to resolve the issues on Avery’s current appeal before the new issue re bone testing is addressed. The State claims if Avery wins appeal bone testing may become unnecessary.”
She explained the decision doesn’t hurt Avery’s case. “The bottom line is that the appellate court is not preventing Avery from doing the bone testing after the appeal is completed or by agreement with the new Attorney General while the appeal is pending. Either way, the court’s decision does not damage Mr. Avery’s efforts to have his conviction vacated.”
The remains are sure to be bone, according to the motion Zellner filed in mid-December, obtained by Newsweek, though it’s unsure if they’re human. Forensic anthropologist Dr. Leslie Eisenberg identified the fragments as possibly human. When the bones were first identified in 2007, their condition was too poor to process through DNA testing abilities. In response, Avery was promised future DNA testing on the fragments when technology evolved to support their condition.
So Zellner set out with a motion that noted the past promise and identified a newly approved system of testing. She claimed the ANDE Rapid DNA Identification System would be able to test the bones, even if they were charred after being burnt, or over-calcified.
The lawyer has long spoken about the possible corruption within the Manitowoc County police department, as has the Making A Murderer series on Netflix. Both have implied possible evidence was planted in the case against Avery.
Kathleen Zellner often works with the prosecution to test DNA and other evidence in wrongful convictions. In the case of Steven Avery, there have been more roadblocks than cooperation. Netflix
Zellner previously spoke to Newsweek about her typical appeal process, which involves working with the original prosecution in order to find the person who is really guilty, and free the innocent, convicted person. Her experience with Manitowoc County has been anything but comfortable, though, she’s said. The tension between Zellner and the state can be seen in the banter between her and former Prosecutor Ken Kratz, who is responsible for Avery’s conviction.
Kratz slammed Zellner’s motion for DNA testing and told Newsweek he didn’t understand why it was important. “I do recall Brendan Dassey claimed that his Uncle Steven took some of the bones and spread them around the area—wouldn’t a finding that the bones were human (or even Teresa Halbach’s bones) simply serve to further corroborate Brendan Dassey’s statement about Avery spreading bones around?” Kratz posed to Newsweek in December.
Zellner shot back. “It is because of our efforts that the Manitowoc officers have been cleared of planting the blood, bones, license plates and electronic devices of Teresa Halbach.”
- ‘Making a Murderer: Part 2’ Attorney Kathleen Zellner on the Murder Theory That Could Free Steven Avery
- Husband who claimed wife ran away in night caught by DNA test on rug 40 years on
- Wisconsin testing delays grow for DNA and other evidence
- Coronavirus live updates: Florida police break up ‘larger than normal’ beach crowds
- Coronavirus live updates: California tells nursing homes to test all residents, staff
- Coronavirus live updates: Six more cases tied to Mendocino church outbreak
- Coronavirus live updates: Santa Cruz County probes clusters tied to family gatherings
- Coronavirus live updates: Trump says push for mail-in ballots is a ‘scam’
- Coronavirus live updates: Birx says it’s ‘difficult to tell’ if 2nd shutdown may be needed
- Coronavirus live updates: Volunteers needed for contact tracing program in Santa Clara County
- Coronavirus live updates: Back to school set for Aug. 17 with ‘major changes’ for SF kids
- Coronavirus live updates: Worldwide cases exceed 5 million
- Coronavirus live updates: Unemployment continues to rise as worldwide cases exceed 5 million
- Matt Hancock reveals massive plan to 'test, track and trace' coronavirus victims as prelude to ending lock-down and reveals ANY 'essential worker' will be able to get a swab test from TODAY
- The full list of lockdown measures that will be lifted next week as Australia's active coronavirus cases fall below 500 for the first time since March 17
- Coronavirus live updates: Santa Clara County joins rest of Bay Area in reopening retail businesses
- Coronavirus live updates: Reopening at last begins for some Bay Area stores, offices
- U.S. Coronavirus Blog: Autoworkers Return; 1.5M Cases Reached
- Biden gaffe tests patience of black supporters
- Coronavirus LIVE updates: Reopening schools in Europe 'has not been harmful', evidence shows
Kathleen Zellner Gives Steven Avery Case Update After DNA Testing is Denied By Wisconsin Courts have 891 words, post on www.newsweek.com at December 31, 2018. This is cached page on Movie Breaking News. If you want remove this page, please contact us.