Avery attorney files a new Notice of Appeal

Kathleen Zellner and Steven Avery photos
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MANITOWOC, Wis. (WBAY) - Not satisfied with a Sheboygan County judge's responses, Kathleen Zellner filed a Notice of Appeal to get Steven Avery a new trial.

Online court records show the Notice of Appeal was filed Friday.

In a motion Zellner shared with Action 2 News on Thursday, she said if the court didn't respond to this latest filing, Avery would file a notice of appeal.

Back on October 3, the Sheboygan County court judge denied Avery's motion for a new trial for the 2005 murder of Teresa Halbach in Manitowoc County.

Zellner says the court never responded to a motion she filed three days later to throw out that decision. She says that failure to respond effectively blocks any further scientific testing of the evidence.

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

Bobby Dassey as a suspect

She also presents testimony from Avery's attorneys in that trial. Attorney Dean Strang concedes he was ineffective counsel for Avery for failing to use experts in ballistics or blood splatter.

Also in the testimony, attorney Jerome Buting says he was unaware of a computer disc with "information on websites and images" taken from a computer in Brendan Dassey's home showing a fascination with "violent images of sexual acts" and dead women's bodies.

Zellner says the computer was used when one of Avery's other nephews, Bobby Dassey, was the only person at home. She adds that Avery didn't have access to the house or the computer.

She suggests the information was buried by prosecutors in a "voluminous discovery" handed over to the defense just before the defense was filing motions for Avery's trial.

Zellner says the evidence would have bolstered Avery's argument for a Denny motion, which lets a defendant tell jurors about other potential suspects.

Scott Tadych as a suspect

Further in the 113-page filing, Zellner adds to her arguments that Brendan Dassey's stepfather, Scott Tadych, should have been investigated more as a possible suspect in Halbach's murder.

She says there were several reasons to be suspicious, including that Tadych made numerous inconsistent statements and he had previous complaints of violence against women, including a 1997 battery conviction.

According to Zellner, police didn't investigate an anonymous note discovered at a Green Bay post office during the search for Teresa Halbach, which said her body was burned in an "alunamon" smelter. The note included the word "skinny" misspelled. She says Tadych worked at an aluminum foundry and his nickname at work was Skinny.



 
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