State appeals court to review Steven Avery's motion for alternate suspect

(WLUK) – A state appeals court will decide Steven Avery’s motion for a hearing on evidence about an alternate suspect in the case before a Manitowoc County judge can address Avery’s request for new testing on murder victim Teresa Halbach’s vehicle, the court said Tuesday.

Avery is serving a life sentence for the 2005 murder of Halbach, a freelance photographer. Avery's nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series "Making A Murderer."

Avery has had a motion pending for months before the state Court of Appeals. In that case, Avery's attorney is appealing a ruling denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbach's death. Prosecutors have an April 15 deadline to reply to the latest filing in that case.

On March 15, Avery’s attorney, Kathleen Zellner, filed a motion in Manitowoc circuit court, asking for scientific testing relating to evidence on Halbach’s vehicle. Prosecutors objected to the motion, arguing the pending case before the appeals court has to be decided first.

Zellner then asked the appeals court to place its case on hold, in order to allow the Manitowoc vehicle motion to proceed.

On Tuesday, the appeals court decided it will finish its case before the other motion can be heard.

“We are not persuaded that good cause exists to stay it so that the appellant can pursue an additional postconviction matter that was not before the circuit court when it issued its order on appeal. Accordingly, we will deny the motion to stay. The appeal will continue with briefing, and the respondent’s brief remains due April 15,” the ruling states.

Zellner praised the appeals court in a post on X.

“The appellate court wants to decide the current appeal without delay so our motion to stay &remand was denied. Good news is that CCSD is on notice the RAV4 must be well preserved for future DNA testing,” she wrote.

Prosecutors have not responded to the decision.