«Breaking News» 'Making A Murderer' subject Steven Avery will be allowed to present new evidence in his case

The main subject of Netflix's 'Making a Murderer' documentary has just won another victory in his efforts to get a new trial over the 2005 death of Teresa Halbach.

Steven Avery's attorney has been granted the ability to supplement his post-conviction appeal with new evidence by the Wisconsin Court of Appeals, and that evidence will now be brought before a trial court to consider granting of a new trial.

Kathleen Zellner tweeted on Monday: 'Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins' 

Zellner can now present evidence that the state mishandled earlier evidence, which could have raised significant doubt in the theory of the case that landed Avery behind  bars. 

Zellner told DailyMail.com: 'What is so unusual about the Wisconsin Court of Appeals decision is that this is only the third case ever in Wisconsin where the court has allowed a defendant to supplement new evidence into a pending appeal.'

Steven Avery's (left) attorney Kathleen Zellner (right) has won a motion to present new evidence that the state allegedly mishandled earlier evidence in the murder case of Teresa Halbach. Zellner alleges that state law was violated when investigators mishandled evidence, specifically bones that Zellner thinks may have belonged to Halbach, and she seeks to present evidence of that mishandling now

Zellner said: 'The appellate court after reviewing our motion to add the new evidence about the bones being improperly given to the Halbach family in violation of State and federal law has allowed us to add that claim and evidence into our appeal.  

A second part of the ruling is that the appellate court sent the case back to the lower court to conduct proceedings to determine if the evidence is sufficient to grant Avery a new trial. 

Zellner told DailyMail.com that if the lower court denies a new trial, she will take the case back to the appellate court and they will rule on the bone evidence, other alleged constitutional violations in the case.

'We are convinced [that] will result in Mr. Avery getting a new trial and being acquitted,' Zellner said.

A second part of the ruling is that the appellate court sent the case back to the lower court to conduct proceedings to determine if the evidence is sufficient to grant Avery a new trial related to the murder of Teresa Halbach (pictured)

With the new evidence, Zellner alleges that state and federal law was violated when investigators mishandled evidence, specifically bones that Zellner thinks may have belonged to Halbach.

Zellner had sought to have bones that were found in a Manitowoc County gravel pit that is not located on Avery's property tested to see whether they are the final remains of Halbach.

A report from 2011 has indicated that bone fragments were returned to the Halbach family without first notifying Avery's representation, Zellner said.  

Avery and his nephew, Brendan Dassey, are currently serving life sentences in prison for Halbach's murder, largely based on a theory that her remains were burned on Avery's property.

Avery and his nephew, Brendan Dassey (pictured), are now serving life sentences in prison for Halbach's murder, largely based on a theory that her remains were burned on Avery's property.

Kathleen Zellner tweeted on Monday: 'Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins' Zellner now hopes to win that hearing and be permitted to present evidence that the state mishandled earlier evidence, which could have raised significant doubt in the theory of the case that landed Avery behind bars

Avery's current legal team learned of the bones being returned to the Halbach family after filing a motion seeking DNA testing of the remains on December 17.  Avery is pictured being escorted out of a Manitowoc County Courtroom after his arraignment on January 17, 2006, in Manitowoc, Wisconsin

Therefore, if those bones could have been tested to determine if they belonged to Halbach, Zellner could have argued that the argument he prosecution presented that led to the convictions was not possible.

But now, the bones have left state custody, so there is no way to ensure they have not been tampered with in a way that would compromise testing of the bones.

'The state, without notifying Mr. Avery and his attorneys during the pendency of Mr. Avery's direct appeal, caused material and potentially exculpatory evidence to be transmitted to the Halbach family for its potential destruction by cremation or burial,' Zellner and attorney Steven Richards wrote in the motion. 

Avery's current legal team learned of the bones being returned to the Halbach family after filing a motion seeking DNA testing of the remains on December 17. 

'We are delighted the appellate court granted the motion to remand to the circuit court to supplement the record with our new evidence that the State has destroyed material evidence by giving the bones back to the Halbach family,' Zellner told Fox 11 in a statement.

'We believe Mr. Avery will be granted a new trial for this serious violation of both Wisconsin and federal law.' 

Later on Monday, Zellner tweeted: 'We are going to have an extraordinary number of constitutional violations when we are done. The COA [Court of Appeals] is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins'

Later on Monday, Zellner tweeted: 'We are going to have an extraordinary number of constitutional violations when we are done. The COA [Court of Appeals] is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins' 

Zellner has said she believes Avery is innocent and will not stop fighting for her client until he is free.

'My experience with my clients… has been that someone who’s innocent just never stops trying to clear themselves,' Zellner said.

'I’ve always said if Steven Avery were offered a deal tomorrow, that if he would admit to the murder he could serve one more year and be free, but convicted of the murder, he would never do that. He would rather die in prison.

'He believes very strongly that if the evidence, the correct evidence is presented, that the system will eventually work.'

A trial court date has not yet been set. 

Zellner (pictured) has said she believes Avery is innocent and will not stop fighting for her client until he is free. A date for the hearing on Zellner's motion in trial court has not been set

Link hienalouca.com

https://hienalouca.com/2019/02/27/making-a-murderer-subject-steven-avery-will-be-allowed-to-present-new-evidence-in-his-case/
Main photo article The main subject of Netflix‘s ‘Making a Murderer’ documentary has just won another victory in his efforts to get a new trial over the 2005 death of Teresa Halbach.
Steven Avery’s attorney has been granted the ability to supplement his post-conviction appeal with new...

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Emily Ratajkowski is a showman, on and off the stage. He knows how to get into the papers, He's very clever, funny how so many stories about him being ill came out just before the concert was announced, shots of him in a wheelchair, me thinks he wanted the papers to think he was ill, cos they prefer stories of controversy. Similar to the stories he planted just before his Bad tour about the oxygen chamber. Worked a treat lol. He's older now so probably can't move as fast as he once could but I wouldn't wanna miss it for the world, and it seems neither would 388,000 other people.

Dianne Reeves US News HienaLouca





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