Kathleen Zellner, the attorney for “Making a Murderer” subject Steven Avery, says she received a voicemail that shows the State of Wisconsin is “trying to deceive” her about the status of a pelvic bone found in a gravel pit.
Zellner sent a letter to the Wisconsin Court of Appeals on Wednesday explaining that the “State has continuously represented to undersigned counsel since 2016 that the State was in possession of the pelvic bone.” She then explained that she received new ledger sheets on Feb. 8 that showed the pelvic bone, listed as Item #9, as being “only human.” A 2011 police report indicated that all human bones were separated from the non-human bones found in the gravel pit, and all the human bones were then returned to the family of Teresa Halbach, who was murdered in 2005 and for which Avery is in prison.
Assistant Attorney General Thomas Fallon “has consistently represented to the undersigned counsel for the last three years that the State was in possession of the pelvic bone.” Therefore, Zellner made two “urgent email requests” to Fallon to “call undersigned counsel immediately on her cell phone to confirm whether or not the State was in possession of the ‘human’ pelvic bone.'”
However, Zellner states, Fallon never returned her call, but she received a voicemail from attorney Mark Williams intended for Fallon that said the following:
“Hi, Tom. This is Mark Williams. Um, I’ll send you an email later today, but I don’t think we should do anything or respond to her [Zellner] at all until tomorrow, uh, when we look into the bag and–and see exactly the pelvic bones are in there or not. Um, so I–I would not respond, uh, until we look into the bag, uh tomorrow morning and then we can talk about it, uh, before we send a response. Thanks a lot. Bye.”
“Clearly, for the last three years, Mr. Fallon has misrepresented that the State was in possession of the ‘human’ pelvic bone,” wrote Zellner. “On September 18, 2017, Mr. Fallon again misrepresented that the State was in possession of the pelvic bone when he agreed with undersigned counsel to allow microscopic examination of the pelvic bone to determine whether it is human.”
Zellner most recently filed a motion to stay Avery’s appeal, claiming that the state violated the law when they returned the human bones found in the gravel pit to the Halbach family.
The pelvic bones have been essential in the case against Avery. The pelvic bones were found on Manitowoc County property, as opposed to other bones that were found in Avery’s burn pit. Zellner wants to use the pelvic bone to show that Halbach left Avery’s property after their meeting on Oct. 31, 2005. That would provide doubt that Halbach was killed and burned on Avery’s property, further helping the prosecution’s theory that Avery was framed.
“Making a Murderer” examines the 2007 convictions of Avery and Brendan Dassey for the 2005 murder of Halbach, casting doubts on Avery’s guilt, which hinged on evidence collected at the family’s auto salvage yard in Manitowoc County, Wisconsin. Notably, it pursues a theory that law enforcement may have held a grudge and was looking to settle a score with Avery after he was released from prison earlier after a sexual assault charge was disproven by DNA testing.
TheWrap has reached out to Fallon and Williams for comment.