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Making A Murderer: Steven Avery Has 'Airtight Alibi' Says Lawyer Kathleen Zellner

Steven Avery's Lawyer Has Evidence Of 'Airtight Alibi' For Day Of Murder
Chris York
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Steven Avery's lawyer has claimed cellphone records from the day of Teresa Halbach's disappearance provide him with an "airtight alibi".

Kathleen Zellner and her team are sifting through evidence in preparation for mounting a fresh appeal to free the 53-year-old who is serving life without parole for murder.

Her latest tweet suggests she has evidence Halbach's phone was used again after she left Avery's Auto Salvage yard where Steven lived and where she was last seen alive.

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Steven Avery in 2003

During the original 'Making a Murderer' series a number of quesitons were raised about the phone record evidence used in the trial, some of which was allegedly left out of the documentary.

Prosecutor Ken Kratz said: "Phone records show three calls from Avery to Teresa's cell phone on Oct. 31.One at 2:24 [p.m.], and one at 2:35 – both calls Avery uses the *67 feature so Teresa doesn't know it's him... both placed before she arrives.

"Then one last call at 4:35 p.m., without the *67 feature.

"Avery first believes he can simply say she never showed up... so tries to establish the alibi call after she's already been there, hence the 4:35 call.

"She will never answer of course, so he doesn't need the *67 feature for that last call."

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Call records used in the trial

During the questioning of Halbach's ex-boyfriend, Ryan Hillegas, her phone records again cropped up.

Perhaps suspiciously, it transpired that Hillegas and Halbach's brother, Mike, had actually hacked her voicemail to listen to her messages.

Additionally, a worker from the network company testified that it was highly probable some messages were deleted.

We'll have to wait until any new appeal to find out for certain what Zellner has uncovered but she has sounded very confident recently.

The recent unearthing of Halbach's death certificate has raised even more questions surrounding the case.

The army of internet sleuths looking at the document has noticed a number of inconsistencies.

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Click here for a large version

- The original cause of death was indicated as "Undetermined" but was then crossed out.

- The box indicating an autopsy had been carried out was ticked even though the date and time on the form say it was filled in before Halbach's remains were found.

- In fact it was six weeks before the DNA evidence used in the case was confirmed by the FBI.

- The report declares Halbach dead on 10 November, the day before Steven Avery was charged with her murder and only a day after the Calumet County coroner received the bone fragments.

9 Things Not In 'Making A Murderer' That You Need To Know About
Ken Kratz claims key evidence was deliberately left out of the series(01 of09)
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The prosecutor claims the makers of 'Making a Murderer' "don't want to muddy up a perfectly good conspiracy movie with what actually happened".He cites the testimony of one witness a who said victim Teresa Halbach told her Avery had once come to the door wearing just a towel. This evidence was dismissed by the court as the dates and details could not be determined.
Steven Avery's DNA was found on the bonnet of Halbach's car(02 of09)
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According Kratz, Avery's DNA was found on a swab taken from the hood of Halbach's car. The swab was taken five months after Avery was charged and also after investigators Fassbender and Wiegert had interviewed Brendan Dassey during which they themselves brought up the idea that Avery did something to the hood of the vehicle. (credit:Netflix)
Brendan Dassey told his mother that Steve "touched" him(03 of09)
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'Making a Murderer' omits a section where Brendan Dassey tells his mother in a phone call from jail that Avery touched him inappropriately. It should be noted however that this was during the time where Dassey was still purporting the story that he was involved in the murder was true. Read the full transcript of the conversation here. (credit:Netflix)
Two members of the jury had links to the Manitowoc County authorities(04 of09)
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The son of one male juror worked for the Manitowoc County Sheriff's Department while another man's wife was employed by Manitowoc County clerk of courts office. (credit:Bryce Duffy via Getty Images)
Kratz cites phonecalls made to Halbach as evidence he acted creepily towards her(05 of09)
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He said: "Phone records show three calls from Avery to Teresa's cell phone on Oct. 31. One at 2:24 [p.m.], and one at 2:35 – both calls Avery uses the *67 feature so Teresa doesn't know it him...both placed before she arrives."Then one last call at 4:35 p.m., without the *67 feature. Avery first believes he can simply say she never showed up…so tries to establish the alibi call after she's already been there, hence the 4:35 call. She will never answer of course, so he doesn't need the *67 feature for that last call."However the second episode of 'Making a Murderer' begins with a voicemail Halbach left Avery on the morning of her disappearance, asking him to call back.
Prosecutor Ken Kratz has been diagnosed with narcissistic personality disorder (06 of09)
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In the 2014 case against Kratz brought by the Office of Lawyer Regulation it is disclosed "he has been diagnosedwith and sought treatment for narcissistic personality disorder".The Diagnostic and Statistical Manual of Mental Disorders lists the symptoms of the disorder as..- Has a grandiose sense of self-importance (e.g., exaggerates achievements and talents, expects to be recognised as superior without commensurate achievements).- Is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love.- Believes that he or she is “special” and unique and can only be understood by, or should associate with, other special or high-status people (or institutions).- Requires excessive admiration.- Has a sense of entitlement, i.e., unreasonable expectations of especially favourable treatment or automatic compliance with his or her expectations.- Is inter-personally exploitative, i.e., takes advantage of others to achieve his or her own ends.- Lacks empathy: is unwilling to recognise or identify with the feelings and needs of others.- Is often envious of others or believes that others are envious of him or her.- Shows arrogant, haughty behaviours or attitudes. (credit:Netflix)
Steve Avery had only recently bought the leg irons he was accused of using on Halbach(07 of09)
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Avery claimed he had bought them to use on his girlfriend and none of Halbach's DNA was found on them. (credit:Netflix)
The prosecution's DNA expert had the worse record in her lab(08 of09)
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Sherry Culhane was the DNA witness in Avery's 2007 trial and the original 1985 trial for which he was eventually exonerated. The defence raised her work record pointing out that of all the experts in the State Crime Lab in Madison, Culhane had the highest error rate.
Ken Kratz recently said there could be grounds for a retrial(09 of09)
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In an interview with TMZ on 4 January this year, the prosecutor said that if science can improve enough to prove blood found in Halbech's car was planted then that would be ground for a retrial.
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