MANITOWOC, WI (WTAQ) – The waiting and watching continues as Steven Avery’s attorney plots her next move in an effort to free him from prison.
We’ll have to wait at least until Thursday to find out what Avery’s attorney has planned to try to free the convicted murderer.
Online court records show Attorney Kathleen Zellner has until Monday to file a motion in Avery’s case and she has to do it in person.
Avery and his nephew, Brendan Dassey, have been in prison nearly a decade for the 2005 murder of 25-year-old Theresa Halbach.
A clerk of courts official says any post-conviction motion has to be heard by a circuit court judge, which is why Zellner has to file her motion in Manitowoc.
The clerk of courts isn’t sure what Zellner plans to motion.
Last week, Zellner told the New York Times, through a new motion, she plans to present new evidence, new theories and revisit old evidence.
Zellner claims she has proof Halbach was killed somewhere other than Avery’s salvage yard and that someone other than Avery or Dassey committed the crime.
Zellner took over Avery’s case at the beginning of this year, shortly after the “Making a Murderer” Netflix series debuted.
Zellner has helped exonerate 17 people of wrongful convictions.
If a motion is filed in the next two days, it would come two weeks after a federal judge overturned Dassey’s conviction.
The state has a 90-day window to decide whether to retry Dassey or he will be released from prison.
