Steven Avery, the subject of the Netflix docu-series “Making a Murderer,” has won the right to appeal his murder conviction stemming from the 2005 death of photographer Teresa Halbach, the BBC reports.
Avery, who is currently serving a life sentence for Zellner’s murder, won a motion to appeal due to suspected human bones that were found in a gravel pit. Avery’s attorney, Kathleen Zellner, contended in a motion that the bones were given to Halbach’s family, and were not tested for DNA, in violation of the law.
“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,’” paperwork filed Monday in the Wisconsin Court of Appeals reads.
Bone fragments believed to be Halbach’s were found in Avery’s burn pit, which prosecutors used to make their case that Avery and his nephew Brendan Dassey killed her. Avery’s defense contends that Halbach left the Avery property after meeting him on Oct. 31, 2005, and was killed elsewhere.
In December 2018, Zellner said that she wanted to have the bones tested to prove that Avery was framed for the the murder.
“We are pleased to announce that one of the world’s leading DNA experts, Dr. Richard Selden @drrichardselden, is willing to test the bones in the Manitowoc County Gravel Pit with new Rapid DNA ID,” Zellner tweeted on Monday. “If this testing is allowed, we believe the bones will be Ms. Halbach’s.”
She added, “This will prove the murder and mutilation occurred in the Manitowoc County Gravel Pit and the bones were planted in Mr. Avery’s burn pit to frame him.”
On Monday, Zellner tweeted, “Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins.”
— Kathleen Zellner (@ZellnerLaw) February 25, 2019
Pamela Chelin contributed to this report.