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'Making A Murderer': Steven Avery's Lawyer Kathleen Zellner Questions Police Evidence

Steven Avery's Lawyer Is Poking Some Holes In His Murder Conviction
Eve Hartley
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Steven Avery's lawyer has raised a number of points questioning the evidence used to convict her client of the murder of Teresa Halbach.

Kathleen Zellner suggests it does not make sense that the real killer would go to the trouble of trying to destroy her body yet be sloppy enough to leave traces of his involvement elsewhere.

Avery, now 53, was convicted of Halbach's murder in 2007 and sentenced to life imprisonment without parole.

His story has been told in the phenomenally successful 'Making a Murderer' documentary.

During a search of the property on which Steven Avery lived, Manitowoc Police discovered Halbach's remains inside a burn pit and numerous pieces of evidence linking him to the crime.

Since the documentary was aired internet sleuths have poked holes at the case against him, with some asking how and why the bones were also found at a quarry miles away from Avery's home.

During the trial, forensic anthropologist Leslie Eisenberg testified saying she "suspected" a couple of bone fragments from the quarry site "appeared to be" from a human pelvis.

She added: "There was human bone as well as nonhuman bone in that barrel."

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Zellner (left) and Avery (right)

Theories have suggested evidence such as the blood found in Halbach's car was planted after a tube containing Avery's blood appeared to have been tampered with and its seal broken.

None of the defence theories were enough to persuade jurors of his innocence at his trial in 2005, but Zellner hopes to launch an appeal in the hope for another go.

The lawyer says not enough was done to investigate the death of Halbach and recently opened up about her work in an interview with TheLipTv.

She said: "There was a very poor investigation done of the victim's background, who she was involved with and circumstances of her life.

"It had all the hallmarks of a wrongful conviction case and then when I met him I realised in the time I spent with him in 15 or 20 hours, I absolutely don't believe he committed this murder.

"I don't believe he is capable of committing a murder. But that's not the key thing - it's the evidence that's just flawed."

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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