Steven Avery's June 2022 mug shot. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – In what amounts to a procedural move, both the state and Steven Avery’s attorneys have agreed one of his motions asking for new scientific testing be dismissed – at least for now.
Avery is serving a life sentence for the 2005 murder of Teresa Halbach, a freelance photographer. His nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series “Making A Murderer.”
The state appeals court is currently reviewing Avery’s appeal of a decision denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbach’s death. There is no timeline for a decision.
Separately, Avery has a motion pending before a Manitowoc County judge, asking for an order for scientific testing relating to evidence on Halbach’s vehicle.
However, because of the pending appellate court issue, Special Prosecutor Thomas Fallon asked Manitowoc County Judge Anthony Lambrecht to dismiss the vehicle evidence motion.
Defense attorney Kathleen Zellner has no objection to the dismissal, while reserving the ability to refile it after the pending appeal is concluded.
Fallon’s letter to the court agrees with that stance.
Fallon and Zellner’s letters to court were filed last week. The judge has not ruled on the motion.
Dassey has no appeals pending.
Comments