Dassey's mother hands over computer to Avery forensic expert
The mother of Brendan Dassey has handed over a computer to Steven Avery's team for a new forensic examination.
Avery attorney Kathleen Zellner informed the judge in the case that she had withdrawn a motion to subpoena Barbara Tadych after she voluntarily handed over the computer to the Avery team.
A letter obtained by Action 2 News states the computer was delivered to an expert in Chicago on Aug. 13. That expert will take 10 days to complete a forensic examination of the computer.
The computer was taken into evidence during the investigation into the 2005 murder of Teresa Halbach. The computer was in the home of Brendan Dassey, Steven Avery's nephew.
Avery is appealing his 2007 conviction for 1st Degree Intentional Homicide. The trial was the subject of Netflix docu-series "Making A Murderer." Brendan Dassey was also convicted for the murder of Halbach.
Zellner argues evidence from the computer could have changed the outcome of Avery's trial.
Zellner says the evidence would show what was on the computer after it was returned to the Dasseys follwoing an initial examination by police. Zellner says further examination would contain evidence from May 6, 2006-February 5, 2007.
Avery's team would like to know what was on the computer during those 280 days before trial.
Earlier this month,
asking a judge to approve an in camera inspection of a second forensic analysis of the computer completed over an eight-month period in 2017-2018. The defense asked for an evidentiary hearing on the findings.
Evidence found in the first analysis of the computer includes thousands of images of sexual violence against young women, including torture and mutilation.
Zellner says knowledge that the computer was primarily used by another person in the Dassey household would have given Avery's defense opportunity to present a third-party suspect in Halbach's murder.
"Mr. Avery has set forth a specific factual basis from the first forensic analysis of Detective [Michael] Velie, which demonstrates a reasonable likelihood that the second forensic examination contains relevant information that is necessary to a determination of guilt or innocence of Mr. Avery and is not merely cumulative of evidence that was already available to him," Zellner says.
The state asked the judge to deny the request, saying Avery has not demonstrated how a new examination of the computer or reexamination of forensic work by police would show anything that could have changed the outcome of Avery's trial.
"Since any new analysis or reexamination constitutes evidence that did not exist at the time of the Defendant's trial, it could not be consequential; i.e., it could not have changed the outcome," reads the state's response.
Zellner's letter to Judge Angela Sutkiewicz says based on the results of the examination, Avery could ask to supplement his post-conviction petition.
Action 2 News will continue to follow this developing story.