Steven Avery from Making A Murderer has just won an appeal and is due to return to court for a review of his case. There have been many twists and turns over the two seasons of the hit documentary that have kept millions of viewers hooked as Avery tries to prove his innocence.
And now it seems that the wheels are finally in motion, as earlier this week (February 25) the Wisconsin Court of Appeal ruled that Avery won his appeal. In the coming months, the subject of the hit Netflix documentary series will return to a Wisconsin circuit court, with Avery’s attorney making the announcement this week. Kathleen Zellner went to social media yesterday to announce the news to hundreds of thousands of followers.
— Kathleen Zellner (@ZellnerLaw) February 25, 2019
Zellner seems confident she will win this case for Avery, who is serving a life sentence for the murder of photographer Teresa Halbach in Wisconsin. Avery filed a $36 million civil lawsuit against Manitowoc County, its former sheriff and its former district attorney for wrongful conviction and imprisonment following the 2007 conviction.
At present, Avery is serving life in prison for the murder of Halbach, who he claims has not killed. If he is exonerated, he will be sentenced to a second extended prison for a crime he claims he has not committed.
As reported by new sources, Avery filed a motion to appeal based on a collection of possible human bones which were allegedly in the possession of the Wisconsin Department of Justice.
When Zellner submitted a motion to have the bones tested for DNA, she found that the bones were returned to the family of Teresa Halbach; they were never tested for DNA according to the state. The lawyer then lodged an appeal, claiming that the bones were returned to Halbach’s family meant that Avery’s case was held back from further testing.
Zellner described this as a ‘big win’ for Avery, telling outlets:
The appellate court granted our motion to supplement the record with the evidence the bones were destroyed. The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing.
The circuit court is able to initiate 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.
Evidence around the bones can now be submitted and could result in a second trial for Avery.
A new trial would also mean Avery’s team can showcase new evidence that has been discovered since his first trial.