Avery's attorney files motion for the court to reconsider new trial; grant evidentiary hearing

MANITOWOC COUNTY, Wis. (WBAY) -- Steven Avery’s attorney, Kathleen Zellner, has filed a motion for the Court to reconsider its order filed on October 3, denying Avery the right to a new trial and granting an evidentiary hearing.

Kathleen Zellner and Steven Avery photos

The motion filed Monday asks the Court for an evidentiary hearing “based on manifest errors of law and fact and the development of new evidence.”

Avery and his Nephew, Brendan Dassey, are each serving life sentences in prison convicted in the rape and murder of freelance photographer Teresa Halbach in Manitowoc County in 2005.

On Oct. 3, Sheboygan County Circuit Court Judge Angela Sutkiewicz issued an order that says, "the defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice. As such, no further consideration will be given to this issue."

However, Zellner’s motion states that the defense has more evidence to test and prosecutors had agreed to let that happen.

Zellner’s 54-page document alleges Brendan Dassey's brother, Bobby Dassey, and his now stepfather, Scott Tadych, gave false testimony while establishing alibis for the night of Oct. 31, 2005.

Click here to read Zellner's full motion.

Zellner also claims that Halbach and her vehicle left the Avery property, which challenges a core aspect of the state’s case.

Monday’s motion also alleges that new computer forensic technology revealed images of Halbach, along with several images of violent pornography, were on a computer taken from the Dassey home.

The document asks the court to “reconsider and vacate its order made on Oct. 3 and grant Avery’s motion by ordering an evidentiary hearing and grant the relief requested.”

Action 2 News also reached out to the Wisconsin Department of Justice about Zellner’s motion; they have no comment.