Attorney from ‘Making a Murderer’ subject asks appeals court for more time

FILE - In this March 13, 2007 file photo, Steven Avery listens to testimony in the courtroom at the Calumet County Courthouse in Chilton, Wis. The Netflix documentary series “Making a Murderer” tells the story of a Wisconsin man wrongly convicted of sexual assault only to be accused, along with his nephew, of killing a photographer two years after being released. An online petition has collected hundreds of thousands of digital signatures seeking a pardon for the pair of convicted killers-turned-social media sensations based on a Netflix documentary series that cast doubt on the legal process. (AP Photo/Morry Gash, File)

MADISON, Wis. (WBAY) – Steven Avery’s attorney filed a motion with the state Court of Appeals in Madison asking the court to “suspend the briefing schedule” — asking for more time.

In the motion filed Friday morning and obtained by Action 2 News, Kathleen Zellner says Avery will be asking the Manitowoc County court for post-conviction scientific testing of evidence.

Zellner says she pinned down testing that can determine the age of the blood in Teresa Halbach’s car to determine if it was planted from a vial of Avery’s blood police had almost ten years earlier, in 1996. She says it’s extensive and advanced testing.

She said she talked with Avery on Thursday and he was “thrilled” the testing will be done.

“No one who’s guilty would ever allow this to happen,” Zellner told reporters outside the courthouse Friday afternoon.

She told reporters the defense is paying for all of the testing and there will be no cost to the State.

Zellner also said they’ll file papers later which point to someone else for Halbach’s murder.

“We’re going to get to the bottom of who killed Teresa Halbach, and we’re convinced we’re going to establish it was not Steven Avery,” she said.

In Friday’s motion she asks the appellate court to temporarily suspend the appeals process.

“Because the results of the requested testing and any subsequent litigation could result in Mr. Avery’s conviction being overturned, it is appropriate to hold this appeal in abeyance pending the results of that testing and any subsequent litigation in the circuit court, should testing be granted.”

Zellner goes on to write, “There is no harm to the Plaintiffs as the status quo includes Mr. Avery’s continued incarceration.”

As she left the courthouse, Zellner said she was going to meet with Dolores Avery, Steven’s mother.

Action 2 News reporter Emily Matesic is at the Manitowoc County courthouse, where Zellner filed that motion for post-conviction testing. Emily will have updates on WBAY.com and on Action 2 News.

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