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Avery lawyers file appeal for deadline extension

Posted at 2:02 PM, May 26, 2016
and last updated 2016-05-26 23:52:10-04

Steven Avery's newest attorneys have asked the Wisconsin Court of Appeals for more time to submit papers in support of overturning his murder conviction.  

According to court documents obtained by NBC26, attorney Kathleen Zellner is asking for a 90 day extension which would make legal briefs due Aug. 29, instead of in a few days. 

When asked by our sister station TODAY'S TMJ4 Thursday if Zellner might be stalling, Ken Kratz deferred questions to the Wisconsin Department of Justice, who is now handling the case.

Kratz formerly served as Calumet County's District Attorney and was a special prosecutor on the case.

Although Kratz declined to comment about the motion itself, he did say he's been under attack on social media by Zellner.

"With Attorney [Kathleen] Zellner’s public comments, at least on social media, that she already has in her possession evidence of the real killer, I’m really looking forward to her presenting that information," Kratz said during a telephone interview with TODAY'S TM4 Thursday. 

Zellner has been taking to Twitter over the past several months attacking the prosecution of the case. In April, a tweet specifically targeted Kratz. Zellner mentions that Kratz canceled a speech and implied that her legal team has acquired evidence that could lead to Avery's exoneration. 

Although questions remain as to the true reason why Zellner is asking for more time, according to court documents, one of the reasons supporting the request for more time is the the volume of records kept from the trial and post conviction court activities.

"The record totals 464 documents. Although counsel has worked diligently ... it requires additional time to complete the brief in this case."

Avery and his nephew, Brendan Dassey were sentenced to prison for their roles in Teresa Halbach's death in 2005, and have received international attention since the release of the Netflix series, "Making a Murderer." 

In the meantime, it's not just Netflix that will be talking about Avery's trial. Kratz tells TODAY'S TMJ4 Thursday that he has nearly completed the book he's writing about the case.

Kratz said, "Writing the book is going well. I am close to the conclusion of the manuscript."

He says it will be available to the public Jan. 24.

One of Avery's original defense attorneys, Jerry Butting, is also working on a book. Butting says the book will address the dysfunctions of the criminal justice system in Wisconsin and beyond.

Watch: Avery Uncut Part 1
 

Watch: Avery Uncut Part 2

 

Watch: Avery Uncut Part 3

 

Watch: Avery Uncut part 4