
MANITOWOC, WI (WTAQ-WLUK) โ Steven Averyโs attorney and prosecutors are trading barbs about recent filings in the case, and which motions should be heard next.
Avery is serving a life sentence for the 2005 murder of Teresa Halbach, a freelance photographer. Averyโs nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series โMaking A Murderer.โ
Avery has had a motion pending for months before the state Court of Appeals. In that case, Averyโs attorney is appealing a ruling denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbachโs death. Prosecutors have an April 15 deadline to reply to the latest filing in that case.
On March 15, Averyโs attorney, Kathleen Zellner, filed a motion in Manitowoc circuit court, asking for scientific testing relating to evidence on Halbachโs vehicle.
On March 22, special prosecutor Norman Gahn filed a letter to the judge, objecting to the March 15 motion.
โOnce an appeal is pending and the record has been transmitted to the Wisconsin Court of Appeals, the circuit courtโs jurisdiction over the case ends,โ Gahn wrote. โAveryโs motion is improperly filed and cannot be adjudicated at this time.โ
Not so fast, Zellner replied on Monday.
โUnfortunately, Mr. Gahn failed to note that four days prior to his letter to Your Honor, on March 18, 2024, Mr. Averyโs counsel filed with the Appellate Court a Motion to Stay Pending Disposition of Mr. Averyโs the Amended Second Motion for Scientific testing,โ Zellner wrote. โIf the motion to stay and remand is granted, this Court has jurisdiction to proceed with a decision on Mr. Averyโs Amended Second Motion for Scientific Testing.โ
The issue of the testing request is now before Judge Anthony Lambrecht. The case was assigned to him in October, after being in the hands of a Sheboygan County judge for several years.
Dassey has no appeals pending. His latest appeal was rejected by the U.S. Supreme Court in 2018.
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