NTL member Kathleen Zellner talks about trying to get Steven Avery a new trial

National Trial Lawyers member Kathleen Zellner has been working to get Steven Avery, the man featured in Netflix’s Making a Murderer, a new trial, but the state of Wisconsin apparently doesn’t want to see it happen. The state sent Zellner a 19-page response to her arguments and new evidence she presented in a brief on March 12 that points to Avery’s possible innocence. Zellner talked to Newsweek about the state’s response.

“The State is thumbing its nose at the appellate court once again,” Zellner told Newsweek on Tuesday. “That court specifically ordered that the merits of the alleged bone destruction be addressed. Rather than follow the court’s directive, the State has constructed a convoluted procedural argument that defies logic or precedent.”

Avery won a right to appeal in February from the Wisconsin Court of Appeals. Read more about Zellner’s response to the state’s actions at Newsweek. 

NTL member Kathleen Zellner to file appeal in “Making a Murderer” case

National Trial Lawyers member Kathleen Zellner is expected to file an appellate brief this week seeking the release of Steven Avery, the man profiled in the Making a Murderer series on Netflix. Esquire says Zellner will file a 22,000 page brief outlining why Avery deserves to be released from prison.

“The higher court is going to review all of this new evidence,” Zellner said. “After we file, the state will file their response, and then the court will have an oral argument, and then they’ll make a decision. Whatever decision they make, it’s going to go to the Wisconsin Supreme Court. So even if we win, the state will still force it to be decided by the highest court in Wisconsin.”

Zellner reportedly will file the brief on December 20th. Avery is accused of killing Teresa Halbach in 2005. Esquire calls Zellner “one of the most successful appeal lawyers in America and was introduced in Making A Murderer‘s second season, (and she) also says she has enough evidence to convince judges that a third party was involved in Halbach’s death, which would clear Avery and his nephew Brendan Dassey.”