Zellner Q&A On Steven Avery's Recent Court Victory

WISCONSIN — This week, wrongful conviction attorney Kathleen Zellner's efforts to overturn Steven Avery's 2007 murder conviction in the slaying of Teresa Halbach received a jolt of good news.

Zellner was victorious in her recent appeal before the Wisconsin Appeals Court. However, the court's decision is not a get-out-of-prison card for Avery — at least not yet. But, Zellner considers the court's decision a major development.

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Avery's case in Manitowoc County, Wisconsin, drew millions of sympathetic followers after the first 10-part series of "Making a Murderer" launched on Netflix in December 2015.

Season two of Making a Murderer was released last October and Zellner was the focus of the series. Many people who watched it believe it was even better than the original documentary.

Additionally, on Nov. 20, 2018, this writer released his fifth true-crime book, through Colorado-based WildBlue Press, "Wrecking Crew: Demolishing the Case Against Steven Avery."

Kathleen Zellner was interviewed by this writer on numerous occasions for book research after having previously worked in Wisconsin as an investigative reporter and made multiple visits to Avery Salvage Yard and the Manitowoc County Courthouse in 2016 and 2017.

Because of this week's court ruling in Wisconsin, Zellner has been back in the news. She was interviewed by Rolling Stone and Newsweek among other major publications with an international audience.

And Zellner also made time for a question and answer session with Patch.

1. Explain for people the significance of the Wisconsin Court of Appeals ruling. Why is this considered a major victory for Steven Avery?

Zellner response: The Wisconsin Court of Appeals has granted Zellner's motion to add an additional claim against the State for destruction of evidence which could result in Avery’s conviction being thrown out. There are only 2 other cases in Wisconsin that have allowed this. The State adamantly fought this motion but lost. Allowing Avery to include the destruction of evidence claim all but guarantees the reversal of his conviction for the murder of Teresa Halbach.

2. What can people expect to happen in Steven's case over the next 60 to 90 days?

Zellner response: In the next 60 days the circuit court will rule on whether Mr. Avery’s conviction should be reversed. The judge, Angela Sutkiewicz, should recuse herself from the case since she has a blatant conflict of interest. She has presided over the Halbach wrongful death case and Avery’s post-conviction case. This is totally improper and she should recuse herself as Judge (Willis) did. If she will not Avery fully expects her to rule against him as she has on every issue to date. She should be holding an evidentiary hearing but it is doubtful she will. The appellate court will reverse her for all of her blatant errors.

3. Explain the significance of the bones being given to the Halbachs. Could this be the biggest Brady Violation you have uncovered so far?

Zellner response: The State destroyed vital material evidence by giving Ms. Halbach’s bones back to her family in 2011. The State was trying to conceal that the real crime scene was in the quarry not on Steven’s property . The State lied to the jury about where the crime occurred. This violates the Wisconsin state law which mandates the preservation of biological evidence until Avery serves his life sentence. This also violated federal constitutional law. The controlling case is Youngblood vs. Arizona which prohibits the State from acting in bad faith and destroying material evidence in a case.

4. What is realistic in terms of courtroom events at this point? Do you envision being at the Manitowoc County Courthouse inside a regular courtroom, to make your arguments and calling witnesses in the coming months?

Zellner response: The appellate court clearly expects an evidentiary courtroom hearing to be held where everyone who represented the prosecution and police involved in the destruction of the bones would be cross-examined including Kratz, Fallon, Gahn, Weigert, Hawkins and Dr. Eisenberg. A representative of the Halbach family would have to testify about what they did with the bones.

5. Do you think it's possible that the state of Wisconsin will decide it's best to work with you and that Steven's murder conviction will be vacated during 2019?

Zellner response: It is unlikely the State will cooperate with Avery but they may be forced to do testing of any remaining quarry bone fragments to prevent a reversal of Avery’s conviction but if this is done and the quarry bones are Halbach’s the case will be reversed because the State misrepresented to the jury where the crime took place. It destroys the State’s theory that the murderer had to be Avery because the crime occurred exclusively on his property—in his garage and burn-pit.

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