Kathleen Zellner, the attorney for Steven Avery, has introduced another suspect for the murder of Teresa Halbach. Avery and his nephew Brendan Dassey were convicted of killing the freelance photographer in the spring of 2007 in separate trials.
Steven Avery’s Lawyer Presents Another Suspect for Teresa Halbach’s Murder – Evidentiary Hearing Requested
Zellner filed a new 483-page motion on the basis that Avery didn’t get a fair trial as a result of Brady violations. A Brady violation occurs when the prosecution doesn’t evidence or materials related to the case which would be favorable to the defendant.
In this case, it was the absence of other possible suspects, new witnesses, questionable handling of evidence, and evidence that Zellner claims links the suspect to the murder. In the motion Zellner stated:
“Mr. Avery does not have to prove who committed this terrible crime to receive relief. This is not his intent or purpose. However, he does have a right to prove he did not receive a fair trial. The new evidence, which establishes that (the alternate suspect) meets all of the Denny criteria to be a third party suspect, and the evidence of two Brady violations demonstrate that Mr. Avery was deprived of a constitutionally guaranteed right to present a complete defense to the charges against him.”
To sum it up, the defense for Steven Avery maintains that he was framed and the killer is still out there. Also, there’s the claim that the authorities have it out for Steven Avery because he slipped through their fingers once before and they had to pay him.
As expected, the prosecution downplayed the August 2022 motion from Kathleen Zellner three months later. That same month, Avery lost his appeal bid when the Wisconsin Supreme Court shot it down as well as his defense’s claims.
The new motion not only asks for new trial but there is also a request for an evidentiary hearing. While a new trial might be the goal, it’s one that has been axed several times now. However, requesting a look at new evidence that may or may not result in a new trial doesn’t seem like a massive all-or-nothing request.
What do you think? Will Steven Avery at least get the evidentiary hearing? Or will this be another dismissed motion? Share your thoughts on the latest motion and the entire case in the comments.
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