Wednesday 18 July 2018

Making a Murderer: Steven Avery's lawyer files motion pointing to potential new suspect in Teresa Halbach murder

New documents implicating the suspect were submitted as part of the investigation

Stephen Avery and his nephew were both convicted of the murder of Halbach in 2005
Stephen Avery and his nephew were both convicted of the murder of Halbach in 2005
Aoife Kelly

Aoife Kelly

Steven Avery's defence lawyer Kathleen Zellner has submitted a filing on his case which points to a potential new suspect in the murder of photographer Teresa Halbach.

Avery and his nephew, Brendan Dassey, were both convicted of the murder of Halbach in 2005 and their separate trials were charted in Netflix's true crime documentary series Making a Murderer. 

Dassey was just 16-years-old at the time and his conviction was overturned in 2016 only to be upheld again in December last year.

Rolling Stone reports that Zellner has requested that the Wisconsin Circuit Court in Manitowoc County allow her to submit new evidence including a CD rom which was downloaded from the Dassey family's laptop at the Avery property where Brendan and Bobby lived with their mother and where some of Teresa Halbach's remains were found.

Teresa Halbach was murdered in 2005, with Brendan Dassey sentenced to life in prison in 2007 after he told detectives he helped his uncle, Steven Avery, rape and kill her. (Tom Pearce via AP)
Teresa Halbach was murdered in 2005, with Brendan Dassey sentenced to life in prison in 2007 after he told detectives he helped his uncle, Steven Avery, rape and kill her. (Tom Pearce via AP)

Zellner says the CD implicates Brendan's older brother Bobby Dassey in the crime.  It contains images of violent pornography and torture which she says were accessed mostly at times when Bobby was at home.

Bobby was a prosecution witness in Avery's trial and Zellner alleges he gave false testimony and was a viable suspect himself.  Zellner also alleges that Scott Tadych, Avery's brother-in-law, was an accomplice.

There is also evidence from other witnesses, one of whom claims they say Halbach's car parked near Tadych's property.  Also, a medical expert claims the scratches found on Bobby Dassey's back in the days following Halbach's disappearance, which he claimed were from his puppy, were more likely caused by a human hand.

The Wisconsin Circuit Court refused Avery's request for a new trial in October last year but Zellner says the decision was made before she could submit the new evidence.

Brendan Dassey was convicted of rape and murder (AP)
Brendan Dassey was convicted of rape and murder (AP)

Following the Circuit Court's decision, the US Court of Appeals ruled that the Circuit Court must now consider her request and the judge has 60 days to come to a decision.

Should they decide the evidence was withheld by the prosecution, it could mean a new trial for Avery.

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