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'Making a Murderer' Update: Avery's attorney files reply to state

Steven Avery request for substitute judge denied
Posted at 12:45 PM, Jun 26, 2020
and last updated 2020-06-26 13:51:38-04

MANITOWOC COUNTY (NBC 26) -- The attorney for Steven Avery has filed a new reply in court to the State of Wisconsin over the ongoing legal battle of the "Making a Murderer" subject.

Back in late May, the state filed a response to Steven Avery's motion to appeal, saying the circuit court properly denied Avery’s June 7, 2017 motion without holding an evidentiary hearing.

The state argued that, "Avery’s allegation that postconviction counsels were ineffective was insufficiently pled and meritless".

In a reply filed Thursday, Avery's attorney, Kathleen Zellner, argued that Steven Avery's right to a fair trial were violated. The reply also argues that the State mischaracterized Avery’s argument regarding trial defense counsel’s ineffectiveness.

"Steven Avery ('Mr. Avery') has spent 5,343 days (128,232 hours) behind bars for his second wrongful conviction. He has endured the mental anguish of knowing that he is innocent and his constitutional rights to a fair trial were violated," Zellner's reply states.

The reply also states that Avery is entitled to an evidentiary hearing.

Click here to read the full reply.

Steven Avery was convicted of multiple crimes, including first-degree intentional homicide, in the 2005 death of Teresa Halbach in Manitowoc County.

The controversial case and lengthy trial gained international attention when Netflix released Making a Murderer in 2015, a documentary that raised questions about the conviction of Avery and his nephew, Brendan Dassey.