Steven Avery’s dream of becoming a free man took an advantageous turn this week after his high-powered lawyer, Kathleen Zellner, revealed that her client won his motion to appeal on Monday and will have his case re-examined by a Wisconsin circuit court.
Zellner told Newsweek that the victory is extremely encouraging:
“The appellate court granted our motion to supplement the record with the evidence the bones were destroyed,” she explained. “The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial. Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win.”
Avery and Zellner filed a motion to appeal surrounding the whereabouts of Teresa Halbach’s bones. The bones were supposedly in the possession of the Wisconsin Department of Justice, but when Zellner filed a motion to have the bones tested for DNA, she found that the bones were in the possession of Halbach’s family and had never been tested for DNA.
Zellner filed an appeal, citing a Youngblood vs. Arizona violation–meaning important evidence was restricted from further testing due to it being returned to the victim’s family.
Best case scenario for Avery and Zellner is that the bones be tested and warrant a second trial, where they could present new evidence.
This would give legs to Zellner’s latest theory about the suspected human pelvic bone fragments discovered in the quarry, away from Avery’s property. If the fragments were identified to be human and belonging to Halbach, it would blow up the state’s theory that Steven Avery killed Theresa Halbach and burned the body in the burn pit on his property.
It’s been over 13 years since Avery and his nephew Brendan Dassey were charged with the murder of photographer Teresa Halbach. Since the conclusion of Making a Murderer, the public interest has waned, but a new trial could stir up the public in a frenzy.