Making A Murderer: Judge denies Avery motion; Zellner says case - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Making A Murderer: Judge denies Avery motion; Zellner says case now in appeals court


MANITOWOC COUNTY, Wis. (WBAY) - A Sheboygan County judge has denied Steven Avery's request to reconsider her order denying him a new trial in the murder of Teresa Halbach.

A memorandum and decision order was issued Nov. 28 by Circuit Court Judge Angela Sutkiewicz. Sutkiewicz, on Oct. 3, denied Avery's motion for a new trial.

Following that decision, Avery's attorney, Kathleen Zellner, asked the court to reconsider based on newly filed documents detailing new evidence, a new witness, and claims of ineffective counsel during Avery's initial murder trial.

"The court does not find that the defendant's interpretations of the facts of this case or his interpretation of legal precedent are correct and finds no basis to reverse its previous decision. Furthermore, a Motion to Reconsider is not the appropriate forum for the court to consider new arguments based on a defendant's additional arguments for a new trial," reads Judge Sutkiewicz's decision.

This does not mean case closed on the Avery case.

Zellner filed a Notice of Appeal on Nov. 17. Online court records show there was acknowledgment from the Court of Appeals on Nov. 27.

Zellner tweeted on Monday, "Avery trial court issues new opinion 11 days after it no longer has jurisdiction of the case which is now with the appellate court."

Zellner says the court never responded to a motion she filed on Oct. 6 to vacate Judge Sutkiewicz's decision. She says that failure to respond effectively blocked any further scientific testing of evidence.

However, Judge Sutkiewicz says there was no communication to the court that there would be additional evidence submitted in the case.

The Illinois attorney says she has new testimony and new evidence that supports Avery getting a new trial.

Avery and his nephew, Brendan Dassey, were convicted in 2007 of 
killing Halbach after she visited the Avery Salvage Yard in Manitowoc 
County to photograph a vehicle on Oct. 31, 2005.

The case gained an international following from the Netflix docu-series "Making A Murderer."

In November, Zellner filed documents claiming Brendan Dassey's brother, Bobby, and stepfather, Scott Tadych, gave false testimony at trial. The documents claim Bobby Dassey, considered a star witness for the defense, lied when he said he never saw Halbach's vehicle leave the Avery Salvage Yard after she took photos of a vehicle for a magazine.

Here are some of the claims made in that document.


Zellner's motion claims a new witness has come forward to claim he 
saw Halbach's vehicle in the area of of State Highway 147 and the 
East Twin River Bridge on Nov. 3 and Nov. 4 of 2005. This goes 
against the state's theory that Halbach's vehicle never left the 
Avery Salvage Yard after she took photos on Oct. 31.

The witness states that on Nov. 4, 2005, he told Manitowoc County Sheriff's Sgt. Andy Colborn about what he saw. Zellner's motion states that Colborn never documented this conversation with the witness.

The motion states that the witness, on Jan. 15 and 16, 2016, sent 
text messages to Scott Tadych, Brendan Dassey's now stepfather, after recognizing Sgt. Colborn from "Making A Murderer." Tadych did not respond or report the information to the attorneys for his stepson, Brendan Dassey.

Zellner's motion claims Brendan Dassey's brother, Bobby, gave false 
testimony about what he saw and the timing of his whereabouts during the time Halbach was at the Avery Salvage Yard. Zellner says this 
testimony was key to the state's case against Avery.

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