In the latest twist in the continuing saga of Steven Avery, the incarcerated subject of Netflix's blockbuster documentary series Making a Murderer has submitted a request to conduct a series of highly advanced DNA testing on evidence gathered during the initial investigation that led to his arrest. Avery's attorney Kathleen Zellner filed the request, which cited new advances in technology that could shed more light on the case and potentially exonerate her client.
In a copy of the motion that was obtained by Newsweek, Zellner outlines her contention that the victim, Teresa Halbach's RAV-4 was moved onto Avery's property by a third party.
“Since 2007, more sensitive forensic DNA techniques have been developed that can recover sufficient DNA for profiling from…fingerprints,” states the motion, which also requests fingerprints from Colborn and Lenk, the two Manitowoc County Sheriff’s Department deputies. “If the unidentified fingerprints on the victim’s vehicle match either Officer [Andrew] Colborn or Officer [James] Lenk, it would be significant evidence of their involvement in moving the victim’s vehicle onto the Avery property.” (Both Colborn and Lenk have denied they planted evidence.)
The motion asks to perform DNA tests on a lug wrench found in Halbach’s car, burned items found at the Radandt deer hunting camp and three locations inside Halbach’s car. “According to the State’s theory, Mr. Avery was not wearing gloves and bled from his cut finger inside the RAV-4,” the motion states, implying the state’s case would be undermined if Avery’s blood is not found in those locations."
In an interview with ABC News, Zellner explained her line of thinking in requesting the new series of tests and what she believes they will reveal.
"The motion 'covers all types of testing' but the main effort here is to date the blood. How old was the blood that was found in the car that linked Mr. Avery? Mr. Avery’s never given a confession in this case and all that links him to the crime are few pieces of evidence. And we start with his blood in the victim’s car.”
Zellner added that she is of the opinion that the collected evidence “points to one person. And that’s a person that I think was right there the whole time but never investigated. Because Mr. Avery was framed on this case right away.” So far in her career, the high-profile attorney is 17-0 in overturning wrongful convictions.
This latest development into the case of the murder of Halbach comes hot on the heels of a Federal judge's decision to order the release of Avery's alleged co-conspirator and nephew Brendan Dassey from prison just two weeks ago.