Steven Avery
Earlier this week, fans of Netflix documentary “Making a Murderer” rejoiced when Judge William Duffin of the Eastern District of Wisconsin ordered that Brendan Dassey, the alleged accomplice in the 2005 murder of Teresa Halbach, be freed from prison. Judge Duffin’s latest order follows his decision in August to overturn Dassey’s conviction, citing the misconduct of the then-teenager’s trial attorney as “indefensible.” Dassey’s legal team hopes he’ll be “home by Thanksgiving, if not sooner.”
Completely lost in the media whirlwind surrounding the latest developments in the Dassey case was the fact that almost a decade after he was convicted of first-degree murder, “Making a Murderer” subject Steven Avery made major strides in his attempts to prove his innocence this weekend, thanks to the relentless efforts of his attorney, noted wrongful conviction advocate Kathleen Zellner.
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In August, Zellner filed a motion to retest key pieces of evidence in Avery’s case using the latest forensic testing available. Here are some additional details from Uproxx:
Included in [Zellner’s] request for new testing was the spare RAV4 jeep key found in Avery’s mobile home, various components of the RAV4 itself including the hood latch that had Avery’s DNA on it, and purple underwear recovered in the Avery scrap yard. All previously collected swabs from the trial are also being asked for. That includes the infamous RAV4 blood that Avery’s lawyers said came from a vial of blood already in law enforcement’s possession.
Given this tweet from Zellner, it appears as though she’s finally reached an agreement with the prosecution as to the scope of the testing that will occur on the evidence:
Agreed Testing Order entered on Monday for Steven Avery. #MakingAMurderer
— Kathleen Zellner (@ZellnerLaw) November 12, 2016
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But when will the world find what evidence was agreed upon and which forensic methods will be used for its testing? Not quite yet. Zellner’s filing was held up by the decision that Dassey be freed. Here’s a subsequent Tweet from Avery’s lawyer:
https://twitter.com/ZellnerLaw/status/798258928748548096
No matter when the order is filed, Zellner is confident that her client is “completely and totally innocent of the murder of Teresa Halbach.” Considering she so firmly believes that her client’s conviction will be thrown out, it’s just a matter of time until she’s able to make that statement affirmatively outside of claims offered in court documents.
New Tests Are Finally Being Done On Evidence From The ‘Making A Murderer’ Case [Uproxx]
‘Making a Murderer’ subject Steven Avery cleared a big legal hurdle in potentially proving his innocence [Business Insider]
Staci Zaretsky is an editor at Above the Law. She’d love to hear from you, so feel free to email her with any tips, questions, or comments. You can follow her on Twitter or connect with her on LinkedIn.