It’s been a long time since Making A Murderer first aired back at the tail end of 2015 and immediately became a cultural phenomenon, but it’s important to remember that after the public interest waned that Stephen Avery and Brendan Dassey and their assorted families and lawyers have still been fighting for their freedom all this time.
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A milestone was apparently reached yesterday though as Avery’s lawyer Kathleen Zellner revealed that Avery has finally won the right to an appeal, which could lead to a second trial for the beleaguered inmate that could eventually lead to his freedom. Zellner explained this all in some legal speak that I don’t really understand and then tweeted that the team had achieved what they set out to do:
The appellate court granted our motion to supplement the record with the evidence the bones were destroyed.
The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing.
The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial.
Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win.
— Kathleen Zellner (@ZellnerLaw) February 25, 2019
Yeah I don’t really know what all that means but it sounds positive for sure. If you want to know the specifics about it all, then it all revolves around Theresa Halbach’s bones.
Zellner filed another motion to have the bones DNA tested – a relatively easy process as they were supposed to be in the possession of the Wisconsin Department of Justice. However, upon putting in the paperwork it wsa actually discovered that the bones were actually in the possession of Halbach’s family and had never been tested for DNA. This meant Zellner could subsequently file another appeal stating that important evidence was restricted from testing due to it being returned to the victim’s family.
That’s where we are now and the best possible outcome for Zellner is that the bones get tested and this warrants a second trial, where additional evidence could be presented. There’s probably still going to be a long way to go with a lot of twists and turns, but at least the going is looking good. For now.
For more on Steven Avery’s recent issues, click here. A lot has happened since the TV show finished.