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There's Been An Update In Steven Avery's Appeal

There's Been An Update In Steven Avery's Appeal

Making A Murderer fans, there's been an update on Steven Avery's case.

On Thursday, Avery's lawyer Kathleen Zellner revealed that The Avery Reply Brief had been filed, alongside the optimistic message: "We're going to win this!!!"

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Filed to the Wisconsin Court of Appeals by the 61-year-old lawyer on behalf of her client, the 49-page reply brief is a counter-response to the The State of Wisconsin's response to Avery's appeal.

In late May, the State filed an 130-page document asking the court to uphold the decision to deny Avery a new trial.

Kathleen Zellner gave the update on Thursday 25th June (Credit: Netflix)
Kathleen Zellner gave the update on Thursday 25th June (Credit: Netflix)

This is the latest in this back-and-forth between the State and Avery's defence team, following Avery's official appeal which was initially laid out in October last year.

Avery is the subject of the hit 2015 true crime documentary, which followed the case surrounding the 2005 murder of Teresa Halbach, for which the 57-year-old and his 29-year-old nephew Brendan Dassey are currently serving life in prison.

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In the 14 years since, Avery has always maintained his innocence and his belief that he was framed by the Manitowoc County Police Department.

In 2019, Zellner - who featured in the second series of the acclaimed documentary series - stepped up efforts to fight for her client's justice.

First, in February, Avery won a motion to appeal in a Wisconsin circuit court, which meant that the court would then reexamine the case. Zellner's appeal made mention of the bones that were found in the gravel pit on the Avery property, believed to be Teresa's.

However, Kathleen is arguing the bones were mishandled by authorities when they were given to Teresa's family in 2011 without notifying the defence.

Unfortunately, in August the defence's bid for a new trail was rejected in the circuit court, meaning Zellner and her team had to continue to pursue their appeal in Wisconsin's appellate court.

Steven Avery was wrongfully convicted of sexual assault and attempted murder in 1985 (Credit: Netflix)
Steven Avery was wrongfully convicted of sexual assault and attempted murder in 1985 (Credit: Netflix)

Regarding the next steps, Avery's appeal - and the arguments for and against - will be deliberated by a judge who will decide if Avery should be offered a new trial.

If this fails, the defence could even escalate Avery's case to the Wisconsin Supreme Court.

If Zellner's appeal wins Avery a second trial and it is successful, it will be the second time he has been exonerated from prison.

Avery had previously been wrongfully convicted of sexual assault and attempted murder in 1985 but was exonerated after serving 18 years of a 20-year sentence when DNA evidence found him to be innocent.

Avery sued Manitowoc County in response (Credit: Netflix)
Avery sued Manitowoc County in response (Credit: Netflix)

After his release in 2003, Avery filed a $36 million lawsuit against Manitowoc County, and received a small fraction as a settlement.

Two years later, Avery was convicted of Teresa's murder and sentenced to life without parole.

Avery's 2007 murder trial was the subject of the 2015 documentary series which garnered the case international attention, and brought new evidence to light.

Viewers learnt about witness coercion and tampering of evidence on behalf of Manitowoc County Police Department, who Avery maintains framed him for the murder as payback for the disgraced police force's 2003 suing.

Featured Image Credit: Netflix

Topics: True Crime, TV News, Steven avery

Ciara Sheppard

Ciara is a freelance writer working for Tyla. After graduating with an English Lit and Media degree from the University of Sussex, Ciara held jobs at GLAMOUR and Yahoo Style before packing up for a solo travelling trip around South America.

 

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