'A big win': Making a Murderer case blown wide open as Steven Avery gets appeal

  • 27/02/2019

US man Steven Avery, who was drawn into the spotlight following the release of Netflix documentary series Making a Murderer, will have his case re-examined.

He was convicted for the 2005 murder of young photographer Teresa Halbach, but the show casts doubt on whether he committed the crime.

Avery has now won a motion to appeal based on possible human bones found in a gravel pit, which his lawyer says were never tested for DNA and given to the Halbach family.

Kathleen Zellner, who filed the motion, says this was a violation of state law and the return of the bones kept the potentially crucial evidence from further testing, BBC reported.

She told Newsweek magazine the evidence is "a big win" and has the potential to undo the whole case. 

"The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial."

Avery and his nephew Brendan Dassey each received life sentences for the murder of Ms Halbach, whose charred remains were found at Avery's car salvage yard a week after she had photographed a minivan for sale.

Ms Zellner says that it challenges the prosecution's theory that Ms Halbach was killed on the Avery property.

"We are going to have an extraordinary number of constitutional violations when we are done. The [court of appeals] is letting us create an avalanche of evidence in this record. Higher courts rule," she wrote on Twitter.

Avery has maintained his innocence in the murder.