Avery attorney files motion asking judge to support CD of evidence

Published: Jul. 6, 2018 at 7:31 PM CDT
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Steven Avery's defense attorney Kathleen Zellner filed a new motion in Manitowoc County court in support of a compact disc she says is full of evidence that was withheld from Avery's defense in his 2007 murder trial and points the blame for Teresa Halbach's murder on another relative.

A Sheboygan County judge is considering whether to allow new evidence

Zellner says the "motion to supplement" was filed Friday. Four weeks and a day earlier, a U.S. appellate court sent the case back to a circuit court to review the evidence, and gave Avery's defense 30 days to file the motion to supplement the evidence.

In the 41-page supplement, Zellner tells the court the CD contains thousands of images of sexual violence against young women, including torture and mutilation. "Many of the images bear a striking resemblance to Ms. [Theresa] Halbach and to the nature of the crime committed against her."

The evidence is from a computer in Brendan Dassey's home, but Zellner tells the court it was primarily used by someone else in the home. She says that person could have been established by Avery's defense as a third-party suspect in Halbach's 2005 murder.

But "Mr. Avery's prior defense counsel was deprived of this CD entirely," Zellner writes, and that it was only provided to his current lawyers on April 17 of this year, which was "4,360 days after it was created by the State."

Zellner says Avery's lawyers were misled before the trial about the contents of the computer and told no evidence of value was found on it. She also claims the CD was kept in an investigator's possession so it wasn't included in evidence turned over to the trial defense lawyers.

When Avery's trial defense filed a Denny motion, so they could argue to the jury someone else committed the murder, a judge denied the motion saying they didn't show proof of a motive.

The court now has 30 days to make a decision.