'Making a Murderer': Steven Avery Attorney Seeks More Evidence Testing

Courtesy of Netflix
Steven Avery

His attorney asked for a suspension of Avery's latest appeal in order to request more testing on evidence that could overturn his conviction.

Steven Avery's attorney says she plans to seek further evidence testing that she believes will show he's innocent.

Prosecutors believe the Wisconsin inmate killed Teresa Halbach in his family's Manitowoc County salvage yard in 2005. A jury convicted him in 2007, and he was sentenced to life in prison.

Avery, the subject of the hit Netflix documentary series Making a Murderer, insists authorities framed him.

His new attorney, Kathleen Zellner, asked the 2nd District Court of Appeals on Friday to suspend his latest appeal because she plans to file another request Friday seeking more testing on evidence that could overturn his conviction.

ABC News reported that the 45-page motion asks for "post-conviction testing of physical evidence," noting that since Avery's 2007 trial, "considerable progress has been made in forensic DNA methods, procedures and tests, including the development of tests for the specific detection of blood, saliva, semen and urine."

The motion says that Avery is willing to pay for the forensic and radiocarbon testing, according to the report.

In the filing, Avery accuses James Lenk and Andrew Colborn of the Manitowoc County Sheriff’s Office of being “connected to” the discovery of the evidence, which he contends was planted.

Avery currently is serving a life sentence without parole.

On Aug. 12, a federal court in Wisconsin overturned the conviction of Avery's nephew Brendan Dassey, who had been found guilty of helping his uncle kill Halbach. The U.S. District Court in Milwaukee ordered him freed within 90 days unless prosecutors decide to retry him.

Dassey, then 16, confessed to helping Avery carry out the rape and murder of Halbach, but attorneys argued that his constitutional rights were violated throughout the investigation.

"These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey's age, intellectual deficits and the absence of a supportive adult, rendered Dassey's confession involuntary under the Fifth and Fourteenth Amendments," Magistrate Judge William Duffin wrote in the Dassey ruling, which came after Dassey's appeal was rejected by state courts.

The confession was featured heavily on Making a Murderer.

The filmmakers cast doubt on the legal process used to convict both Avery and Dassey, and their series has sparked national interest and conjecture.

Authorities involved in the case have called the 10-hour series biased, while the filmmakers have stood by their work.

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