The case of Making a Murderer’s Steven Avery is taking new turns.
The lawyers of Avery are seeking more time from the Wisconsin Court of Appeals to submit the necessary documents that will help overturn the conviction of the man arrested for the 2005 murder of Teresa Halbach. Kathleen Zeller has asked the court for an extension of 90 days, making legal briefs due on August 29, 2016.
Morning News USA previously reported that the document titled “Motion to extend the time for filing defendant-appellant’s brief” submitted by the lawyer notes that the record in Avery’s case was filed on April 20 this year.
Although the brief is due on May 31, “despite diligent and extensive efforts, commencing even before the record was sent to this Court, additional time is necessary for undersigned counsel to complete their review of the record and draft a brief.”
Avery previously spent 18 years in prison on a sexual assault charge before DNA evidence in 2003 proved he had not committed the crime. Two years later, 25-year-old photographer Halbach was killed. In 2007, Avery was charged for the murder. Brendan Dassey, Avery’s nephew, was also convicted for allegedly assisting his uncle in the crime.
Ken Kratz, who was a special prosecutor on the case, was asked whether he thought Zellner was stalling in asking for a 90-day extension. However, he deferred the questions to the Wisconsin Department of Justice, which is handling the case, as reported by TMJ4.
“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, I’m really looking forward to her presenting that information,” Kratz said.
While questions still loom regarding Zellner’s request for additional time, one of the reasons as documented in papers is the volume of records kept from the trial and post-conviction court activities. “The record totals 464 documents,” as stated in the court documents. “Although counsel has worked diligently … it requires additional time to complete the brief in this case.”
In its conclusion, the court documents request the defense team be granted “an extension of time until Monday, August 29, 2016,” which will allow them “sufficient time to complete the brief.” If everything works in Avery’s favor, he could be released on bond while pursuing a new trial.