Badass lawyer, Kathleen Zellner revealed Monday that Steven Avery from Making A Murderer will finally go back to a Wisconsin circuit court to have his controversial case reexamined.
The Wisconsin Court of Appeals filed their decision on Monday and the subject of the Netflix smash won his motion to appeal.
56-year-old Steven was found guilty in 2007 of the 2005 murder of car-magazine photographer, 25-year-old Teresa Halbach, who he claims he did not kill.
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He is currently serving life in prison but, if exonerated, it will be his second extended prison sentence for a crime he claims he did not commit.
Kathleen spoke to Newsweek explaining that this is a big win for Avery: "The appellate court granted our motion to supplement the record with the evidence the bones were destroyed," she explained.
"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."
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Kathleen filed a motion to appeal on Steven's behalf based on a collection of possible human bones, which was allegedy in the possession of the Wisconsin Department of Justice.
When Zellner filed a motion to have the bones tested for DNA, she found the bones had been returned to Teresa Halbach's family. And, according to the state, they had never been tested for DNA.
Kathleen then filed a motion for appeal, claiming the return of the bones constituted a Youngblood vs. Arizona violation. In other words: potentially crucial evidence in Steven's case was kept from further testing by handing it back to Teresa's family.
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The Court of Appeals agreed. The approval read: "IT IS ORDERED that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion raising "claims for relief in connection with the State's violation of WIS. STAT. § 968.205 and Youngblood v. Arizona."
Kathleen celebrated with Steven's supporters on her Twitter account saying: "Avery Update: We Won!!!!!! Back to the circuit court," she wrote, along with the hashtag #TruthWins."
Evidence surrounding the bones can now be submitted and could result in a second trial for convicted first-degree killer Steven.
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A new trial would mean Steven's representatives can present new evidence uncovered since his first trial.
Kathleen has come up with a steady theory, naming other people she believes could be responsible for Teresa's tragic and mysterious dealth, as seen in the second series of Making A Murderer.
Some of the evidence Kathleen plans to present in a retrial relies on forensic testing, from a bullet found in Avery's garage to blood splatter and flakes found in Halbach's Toyota Rav4.
Kathleen also told Newsweek about a collection of evidence not seen in the second series of Making A Murderer, including information on her lead alternative suspect, Bobby Dassey.
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Kathleen has 14 days to file any "supplemental postconviction motions."
Catch up on Making A Murderer on Netflix and watch this space for more news on the case.
Featured Image Credit: NetflixTopics: TV News, Real, TV Entertainment
