Avery attorney asks for more time for DNA testing

Posted: 10:40 AM, Aug 24, 2016
Updated: 2016-08-27 04:53:57Z
Alternate theory to be offered in Halbach death
Alternate theory to be offered in Halbach death

UPDATE: Kathleen Zellner has arrived at the Manitowoc County Courthouse to file court documents asking for post-conviction testing of evidence in the Steven Avery appeal.

Zellner believes this testing will prove Avery's innocence. Most of these tests that she has selected were not even available during Avery's original trial.

Zellner says the tests will set Avery free and also implicate someone else in the death of Teresa Halbach, although she has not state who that person is.

Evidence noted in the motion include Teresa's car key, blood on the car, a pair of underwear found at the scene and a bullet.


NBC26 has learned Kathleen Zellner has filed documents with the Wisconsin Court of Appeals in Madison asking for time to file Steven Avery's appeal.

In the court document, Zellner's office is calling for a Post-Conviction Scientific Testing saying the "additional testing which could prove Mr Avery's innocence." She is also asking the appellate court to temporarily suspend the appeals process.

Connected to the request, Zellner is also filing court documents in Manitowoc County Circuit Court.


Avery supporters have waited outside courthouse over the last two days.

This is a developing story. More information will be posted as new information becomes available.


The waiting continues for a second day outside the Manitowoc County Courthouse.


Zellner plans to file documents outlining an alternate theory on how photographer Teresa Halbach died.


NBC26 has also learned a group of 'Free Avery' supporters is heading to Manitowoc from Chicago. 

The deadline to file the appeal paperwork is Monday, August 29. The paperwork could be filed on Friday, but Zellner's office would not confirm that it would happen then. 

Avery is serving a life sentence on his conviction of First Degree Homicide in connection with Halbach's death in 2005.

Watch: Friends of Teresa Halbach Honor Her Memory


The case against Steven Avery and his nephew, Brendan Dassey gained national attention following the Netflix series Making a Murderer release last December.

NBC26 Original Coverage: Avery Uncut

A Federal Judge overturned Dassey's conviction saying under police made false promises and took advantage of Dassey's age in intellectual deficiencies to unfairly coerce a confession.

This is a developing story. NBC26 will provide updates as new information becomes available.