Crime & Safety

Lawyer for 'Making a Murderer' Subject Steven Avery Says He was Framed, Demands Access to Evidence

In that trial, Avery was convicted of murder and sentenced to life without parole for the 2005 murder of Teresa Halbach.

The attorney for Steven Avery, the subject of the documentary "Making a Murderer," has filed a motion in court demanding access to evidence so it can be tested in ways that were not available during Avery's 2007 trial.

In that trial, Avery was convicted of murder and sentenced to life without parole for the 2005 murder of Theresa Halbach.

Lawyer Kathleen Zellner claims that Avery was framed, saying she believes law enforcement planted samples of his blood, collected from Avery during a previous case, in Halbach's car before it was discovered by police on Nov. 5, 2005, according to a report from ABC News released Friday afternoon.

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In the motion, Avery is seeking "post-conviction testing of physical evidence." Avery's lawyers are reportedly calling the new testing regimen they seek "the most comprehensive, thorough, and advanced forensic testing ever requested by a criminal defendant in the State of Wisconsin."

You Can Read the Motion Here

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Zellner, whose Downers Grove law firm is taking on Avery's case, previously said her legal team will do “everything necessary” to review and retest the evidence. Zellner said she even bought a Toyota RAV4 exactly like the the one driven by Halbach, which was found on Avery’s property. She wants to understand how the vehicle was tested by the original investigators.

The Case

In 2003, Avery was released from prison after spending nearly two decades behind bars after a wrongful rape conviction. In 2005, Avery and his nephew Brendan Dassey were charged in the killing of photographer Teresa Halbach in Manitowoc County, Wisconsin.

Her bones and belongings were found burned near Avery’s trailer. Both are serving life terms in prison.

Earlier in August, Dassey, who was sentenced to life in prison with no parole for 41 years in Teresa Halbach's 2007 murder, had his conviction overturned by a federal judge.

Related: 'Making A Murderer': Brendan Dassey Conviction Overturned by Federal Judge


Making A Murderer

Dassey’s conviction made headlines nationally after the Netflix documentary series “Making a Murderer” was seen by millions of people.

The “Making a Murderer” documentary on Netflix has captured nationwide attention and strongly suggests that Avery was convicted on planted evidence.

Zellner, who has been representing Avery in the case, was named the 96th most powerful Chicagoan of 2015 by Chicago Magazine for helping overturn more convictions than any other private attorney in the U.S., as well as earning exonerations of 16 wrongfully imprisoned men.

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