Appeal filed for ‘Making a Murderer’ figure Steven Avery

Appeal filed for ‘Making a Murderer’ figure Steven Avery
Steven Avery is shown in this file photo. He was convicted of a woman's murder in 2007, but his attorney has filed an appeal. The case was featured on the Netflix show 'Making a Murderer.' (Source: WBAY/Gray News/file)

MADISON, Wis. (WBAY/Gray News) - Steven Avery’s attorney has filed a brief asking the Wisconsin Appeals court to grant Avery a new trial or evidentiary hearing in the Teresa Halbach murder case, WBAY reported.

Attorney Kathleen Zellner filed the 135-page document with Wisconsin Appeals Court District II on Monday.

Avery is appealing his 2007 conviction of 1st degree intentional homicide in the murder of freelance photographer Halbach.

She disappeared Oct. 31, 2005, after being called to the Avery Salvage Yard to photograph vehicles for a magazine. Investigators said Halbach's remains were found in a burn pit on the Avery property. The case became an international cause celebre after the release of Netflix docu-series "Making a Murderer."

Avery's appeal moved to Wisconsin Appeals Court after Sheboygan County Circuit Court Judge Angela Sutkiewicz denied Avery a new trial.

Zellner presented 10 “complex legal issues” that she asks the appeals court to consider, including issues about dismissing Avery’s requests for additional scientific testing, concerns about ineffective counsel, due process violations from not turning over all “exculpatory evidence” to the defendant and concerns over the way new evidence was considered in the case.

CLICK HERE to read the issues in full in the brief.

Avery's nephew, Brendan Dassey, was also convicted of 1st degree intentional homicide. He appealed his case up to the United States Supreme Court. The justices declined to hear arguments.

Dassey, who was 16 at the time of Halbach's killing, is asking Wisconsin's governor to grant him clemency. His attorneys argue investigators used improper techniques while interrogating a juvenile with a low IQ. They say investigators made false promises to Dassey that he'd be released if he told them about the killing.

The Wisconsin Department of Justice will have until Nov. 13 to respond to Zellner's brief.

Wisconsin Attorney General Josh Kaul says, "I think that the governor's office will review the petition if they set up a process that I'm sure will give thoughtful and careful consideration of all petitions that are filed, and I'm confident that the governor's office will look at the facts and make an appropriate judgment."

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