According to FOX 11, online court records show she has until Monday to file a motion.
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Kathleen Zellner filed that paperwork in person on Friday, on the same day she filed a stay of appeal with the Wisconsin Supreme Court and Court of Appeals with the goal of seeking more time for Avery’s potential appeal.
The Manitowoc County court clerk confirmed to TODAY’S TMJ4 that a motion by Zellner’s office is being “processed” and “finalized”, but has not been officially submitted.
Avery’s conviction came after he’d served a lengthy prison term for a rape which he was eventually proven not to have committed. Avery has been fighting for his conviction, since a jury convicted him and he was sentenced to life in prison in 2007. But when the Netflix series “Making a Murderer” was released last December, it created renewed interest in his case and led many to believe that Avery was wrongly convicted.
The motion also says that Avery is willing to pay for the forensic and radiocarbon testing.
Avery and his nephew, Brendan Dassey, were convicted in the 2005 murder of Halbach. The lawyers for Dassey’s co-accused, his uncle Steven Avery, will also be presenting new evidence that they say will point to the real suspect via Avery’s own appeal.
Avery contends police planted his blood at his family’s vehicle salvage lot in Manitowoc County where Halbach’s auto was found.
Radandt is the grandson of Fred Radandt, and the former President of Fred Radandt and Sons, a mining company that owned the property surrounding the Avery Salvage Yard – including the quarry where Zellner alleges Halbach’s vehicle was hidden prior to November 5th – until 2014.
Lenk and Colborn both denied planting evidence in 2007.
The motion also claims that two “non-law enforcement people” entered the Avery property after it was closed to the public, and those two individuals lied to investigators about seeing a fire on the Avery property and details regarding Halbach’s vehicle. Attorney Julius Kim, who is not involved in Avery’s case, says before that happens the state gets to file a response, and odds are there will be a hearing.
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Steven Avery continues to maintain his innocence of the crimes against Halbach despite the court declaring he was responsible.
