Making A Murder‘s Steven Avery may get a second trial. According to Newsweek, Avery’s lawyer won his motion to appeal on Monday and will have his case re-examined by a Wisconsin circuit court.
Avery is serving life in prison for the murder of Teresa Halbach but claims he is innocent. If his case is reopened and he is found innocent in a second trial, it will be the second extended prison sentence he has served for a crime he claims he is innocent of.
Avery’s lawyer, Kathleen Zellner filed the motion to appeal on the basis of a collection of bones that were supposed to be held at the Wisconsin Department of Justice. When Zellner asked to have the bones tested for DNA, the state told her they had been returned to Halbach’s family without DNA testing.
The Court of Appeals ruled that the return of the bones was a Youngblood vs. Arizona violation, as crucial evidence was kept from being tested in Avery’s case.
Zellner celebrated the win on Twitter saying, “Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins”
— Kathleen Zellner (@ZellnerLaw) February 25, 2019
Zellner now has the opportunity to submit evidence related to the bones, as well as other evidence that has been discovered in the time since Avery’s first trial, which could result in a second trial. Some of that additional evidence includes forensic testing, as well as a collection of evidence that was not seen on Making A Murder Part 2.
Jenn Bentley is a writer and editor whose work has been featured in publications such as The Examiner, The High Tech Society, FansShare, Yahoo News, and others. When she’s not writing or editing, Jenn spends her time raising money for Extra Life and advocating for autism awareness.