Published Nov 24, 2016Following the recent news that Making a Murderer subject Brendan Dassey would indeed remain behind bars, his uncle Steven Avery is seeing a new glimmer of hope. A judge has approved Avery's request for new blood evidence testing.
As the Post-Crescent [via The Wrap] reports, a judge has granted Avery and his lawyer Kathleen Zellner's request for new testing of the evidence used to convict him in the 2005 murder of photographer Teresa Halbach. The new scientific testing requested did not exist at the time of Avery's trial.
As previously reported, Avery — who was sentenced to life with no parole for 41 years after being convicted in 2007 in the murder of Halbach — requested this summer that the 2nd District Court of Appeals in Wisconsin suspend his latest appeal due to the fact that he and Zellner had planned to request a radiocarbon test to show the age of Avery's blood found at the Halbach crime scene.
In Zellner's filing, she stated: "Mr. Avery has already completed a series of tests that will conclusively establish his innocence."
According to the Post-Crescent, the majority of the evidence set to undergo new testing is connected to Halbach's RAV4, which was found on Avery's property just days after her disappearance. This includes blood found on the floor of the vehicle, bloodstains on its seats, a swab from the car's ignition area, and a bloodstain swab from the rear passenger door.
As the Netflix series prominently highlighted, the evidence gathered from the vehicle has long been disputed by the Avery team, which has over the years insisted was planted by police.
In response to the news for new testing in the Avery case, Zellner sent out the following tweet:
Judge just entered order for scientific testing to proceed. Steven Avery says "it will be a Happy Thanksgiving after all." #MakingAMurderer— Kathleen Zellner (@ZellnerLaw) November 23, 2016
Earlier this month, Avery's nephew Brendan Dassey was ultimately ordered to remain behind bars by a panel of federal appellate judges, despite an earlier ruling stating that he must be released from prison for his alleged part in the Halbach murder.