Steven Avery’s lawyer Kathleen Zellner has used Twitter repeatedly to share information, answer questions, and push for cooperation with the Wisconsin Attorney General’s Office. Now, the wrongful convictions specialist is using the social media platform to declare “something big” is coming in the next week.
“Talked to Steven Avery today,” she wrote in a tweet.
“He stays strong. What’s next??? Something big is coming in the next seven days.”
Zellner also added some context to recent setbacks her client’s case has seen over the past year and a half.
“The average [Post-Conviction relief case] has twelve denials before exoneration. We have had three…”
In October of 2017, a Wisconsin judge denied Steven Avery’s request for a new trial without ordering an evidentiary hearing on new forensic evidence and testing included in Zellner’s 1,200-page motion. A Circuit Court decision in September 2018 was another major blow. It ruled that the state’s failure to share a forensic analysis of the Dassey family computer during Avery’s original trial did not constitute a violation of Avery’s rights.
Zellner’s filing (via Rolling Stone) claims that forensic analysis revealed the computer had been used to view “violent pornography involving young females being raped and tortured.” Timestamps tied the material to Bobby Dassey, whose younger brother Brendan was convicted of murdering Teresa Halbach alongside Steven Avery. And as the Inquisitr reported, December saw an appeals court deny her motion to return the case to the Circuit Court so new Rapid DNA testing could be used on mystery bones found in a Manitowoc gravel pit.
None of these denials seem to have bothered Zellner much, who declared in a New Year’s Day tweet that she was prepared to “create the biggest court record in America if necessary” to free Avery.
While the appeals court has given Avery until February 1 to file his final brief on his appeal, the Inquisitr notes that Zellner intended to file another motion with the appellate court on “new evidence we have discovered as a result of our request to test the bones.” It is unclear whether that new motion is the “something big” Zellner was referring to in her latest social media message.
The mystery bones discovered in a Manitowoc gravel pit were too damaged by fire to successfully test for DNA during Steven Avery’s original trial for the murder of Teresa Halbach in 2006. While his defense attorneys were not allowed to present the bones to the jury, they were granted the right to have them retested in the future. But the Inquisitr reports Zellner’s request to do just that was denied on the grounds that her appeal had “been languishing for a year” and “a request for further scientific testing would constitute a new proceeding.” Unless the new Wisconsin Attorney General makes a deal with Avery’s legal team, testing on the bones will have to wait until the current appeal is resolved and a new appeal filed.