Appeals court denies Avery request to remand for new scientific testing

MANITOWOC COUNTY, Wis. (WBAY) - A Wisconsin appeals court has denied Steven Avery’s motion to stay the appeal and remand the case to the circuit court for the purpose of new scientific testing on bones found in a Manitowoc County gravel pit.

The decision was made on Dec. 28—the same day the State of Wisconsin filed its response against granting Avery and attorney Kathleen Zellner a stay and remand.

The appeals court announced a Feb. 1 deadline for Zellner’s full brief to the court.

Zellner says testing on the bones will prove the Oct. 31, 2005 murder of Teresa Halbach happened in a Manitowoc County gravel pit and “the bones were planted in Mr. Avery’s burn pit to frame him.”

The state has maintained that Avery killed Halbach in his garage and burned the remains in a pit on the Avery property.

The case is the subject of Emmy-winning Netflix docu-series "Making A Murderer."

Avery and his nephew, Brendan Dassey, were convicted of 1st Degree Intentional Homicide during separate trials in 2007.

Zellner says she is confident the new testing will prove Halbach’s bones were in the gravel pit.

Zellner says the bones in question are in possession of the Wisconsin Attorney General’s Office. A court can order the release of the bones for testing. The AG’s office can also choose to cooperate with Zellner and release the evidence to her without a court order.

Zellner says renowned Dr. Richard Selden has agreed to perform Rapid DNA ID analysis on the remains.

In its response to Zellner’s motion, the state argued that the motion for a stay was not for a “specific issue” but a new, separate action in the lower court.

The state says the stay could unnecessarily delay the appeals process and that Avery has alternative options--including asking for testing at a later date.

The court sided with the state and the remand was denied.

Again, Zellner’s full brief to the appeals court is due on or before Feb. 1, 2019.

The circuit court previously denied Avery's request for a new trial.

Dassey's case was appealed up to the Supreme Court of the United States. Attorneys mounted a case that Dassey's confession was coerced by investigators. SCOTUS denied a hearing.