Attorney asks court to hold Avery appeal open pending motion

According to The Wrap, the lawyer representing Steven Avery filed a motion today (Aug. 26, 2016) demanding physical evidence from the investigation following the murder of Teresa Halbach so that it can be tested in ways that were not possible in 2005.

Making a Murderer’s Steven Avery, who was accused of killing a freelance photographer wants a state appellate court to hold his latest appeal open pending a decision on additional scientific testing in the case.

The clerk of courts isn’t sure what Zellner plans to motion.

As of mid-day she has not yet filed anything.

It has been expected that Zellner would file an appeal with new evidence by Monday.

“There is evidence that already exists in the case that points to a different location and a different suspect”, Zellner told the Times.

“Now we’ve got it pinned down to the testing, we need to do to determine once and for all, was the evidence in the vehicle planted?”

Following news that the federal court has chose to overturn Brendan Dassey’s conviction, the family of murdered victim Teresa Halbach might be considering an appeal.

The lawyers are also requesting the battery cable, the interior hood release and the blinker light of the RAV4 found at the Avery Salvage Yard a few days after Halbach went missing on Halloween in 2005.

Plus, once the results do come back from the lab… we’re hearing Kathleen and her team are prepared to name the identity of who they think actually killed Teresa!

The biggest bombshell in the motion is the revelation that Halbach’s auto was seized on 3 November 2005 – this is two days before it was officially found.

The new court filing for Avery comes on the heels of the August 12 decision by a federal judge in Milwaukee overturning the conviction of Brendan Dassey, Avery’s nephew, who was found guilty in a separate 2007 trial.

Dassey was sentenced to life with a chance at parole in 2048, but he may be released much sooner. The state has until early November to decide if it will challenge that ruling. The judge determined that Dassey’s confession was involuntary because of improper interrogation methods by prosecution investigators. It has gripped the nation about the fallacies of the American justice system.

As he claimed in “Making a Murderer”. The murder case received national attention in the Netflix series “Making a Murderer”.

Netflix has announced a second series of “Making a Murderer” that will detail the appeals process. New technology can distinguish whether DNA is from blood, saliva, semen or urine, and Avery claims that if he was truly bleeding from his finger like prosecutors claimed, there should be blood DNA on the hood of Halbach’s auto.