“No one who is guilty, is going to allow this type of testing to be done. From fibers to contaminates to DNA to blood aging, all of those things are going to be done in this. So the most important thing you’re gonna wanna take away from this is, no one who is guilty would ever allow this to happen. These tests are going to establish definitively the age of the blood in the victims vehicle. We are going to know through radio carbon or DNA methylation whether the blood in the RAV was planted from the 96′ vile.
For us the case is amazing as to how much forensic evidence there is that can be tested
For the public I think that it is also very encouraging, because we are going to find out one way or another if the evidence was planted.
We are going to be able to get test results that will completely exonerate Mr. Avery”
Just two weeks after news confirming the overturned conviction of co-accused nephew Brandon Dassey – Steven Avery’s lawyer Kathleen Zellner has filed for DNA testing of newly discovered evidence.
Zellner, a Chicago lawyer and legal director of the Midwest Innocence Project – took on Steven Avery’s case in January of this year after the highly acclaimed true crime documentary ‘Making a Murderer’ began to make ripples across legal communities around the United States.
Zellner filed motion on Friday August 26th with the The Wisconsin Court of Appeals. The new motion alleges that Steven Avery’s blood was planted in the victim’s car by law enforcement and wants the most scientific testing available to prove it.
The motion does not reveal any alternative suspects but does refer to an “Individual A and B” as being present at key moments.
See the motion here
Zellner is also asking the courts to allow a variety of new tests, including body fluid testing and testing on evidence not done before, such as on the victim’s battery cable in her car.
Zellner additionally wants new testing that could confirm the age of Avery’s blood found in the car of victim Teresa Halbach.
Previous legal representatives of Steven Avery had tried to prove the notion of blood being planted in the victim’s car in the 2006 trial. However, after an inconclusive test for a blood preservative known as EDTA – the former Avery legal team had their hands tied and were unable to prove their case. Now, almost ten years later – Kathleen Zellner has hopes that carbon dating can bypass the EDTA argument.
Steve Avery’s nephew Brendan Dassey was convicted in 2007 of first-degree intentional homicide, mutilation of a corpse and second-degree sexual assault in the killing of Teresa Halbach.
However, on August 12th 2016 – Dassey’s lawyer was granted a civil appeal petition and Dassey’s convictions were overturned. U.S. Magistrate Judge William E. Duffin based his respondent action on the fact that Dassey’s documented confession was coerced by police investigators.
See full petition here.
“The investigators repeatedly claimed to already know what happened on Oct. 31 and assured Dassey that he had nothing to worry about. These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits, and the absence of a supportive adult, rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments.”
Dassey is to be released from custody within 90 days if the state does not refile. He is being held at Columbia Correctional Institution.