Steven Avery's attorney, Kathleen Zellner, has filed a motion to vacate an order denying Avery a new trial because additional testing has not been done on evidence involved in her request for a new trial.
Sheboygan County Circuit Judge Angela Sutkiewicz issued her decision to deny Avery's request for a new trial on Tuesday.
On Friday, Zellner submitted the motion to vacate that decision because of "matters pending" when the judge issued the order.
Those matters include further testing Zellner ordered on certain evidence, including collecting swabs from items in Teresa Halbach's RAV-4.
The prosecutors also agreed there could be additional microscopic examination done of pelvic bones found in the Manitowoc County gravel pit, Zellner said.
Avery supporters: Help is on the way-motion to vacate trial judge order just filed. #MakingAMurderer https://t.co/XyTJ3tJwrz
— Kathleen Zellner (@ZellnerLaw) October 6, 2017
Zellner asked that the proposed testing move forward and the judge's order on Tuesday be vacated so it can take place.
On Tuesday, Judge Sutkiewicz said she believed none of the evidence brought up would change Avery's conviction in a new trial.
"Given the totality of evidence submitted at trial and the ambiguous conclusions as stated in the experts' reports, it cannot be said that a reasonable probability exists that a different result would be reached at a new trial based on these reports," Judge Sutkiewicz wrote in her decision.
Avery is serving a life sentence for the 2005 murder of Teresa Halbach, along with his nephew Brendan Dassey. Their case was made famous in the Netflix documentary "Making a Murderer."
Read Zellner's full motion below:
