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Is the New Steven Avery Evidence Compelling Enough?

By George Khoury, Esq. on October 25, 2017 | Last updated on March 21, 2019

A recently filed motion in the ongoing legal saga prompted by the Netflix series Making a Murderer has legal commentators questioning the Steven Avery matter once again. After Brendan Dassey's conviction was overturned, it seems like Avery's attorneys are trying to get the same result.

According to the recent motion, crucial new evidence has been discovered, which, if believed, could potentially, circumstantially, just maybe, exonerate Avery.

What New Evidence?

Avery's defense posits that several pieces of new evidence paint a rather compelling picture that Bobby Dassey (not Brendan) murdered Teresa Halbach. This is significant as Bobby was a key witness for the prosecution.

The motion points to the fact that images of Ms. Halbach and of mutilated women and violent pornography were only viewed when Bobby was home. Additionally, Bryan Dassey stated that Bobby told him that he (Bobby) saw Ms. Halbach leave Avery's on the night of her murder. Furthermore, a new witnesses testimony allegedly places Ms. Halbach's vehicle at another location the prior day, which would create a timeline problem for the prosecution's case against Avery.

If the above pile of new evidence isn't enough, there are other recently discovered findings that call into question key pieces of evidence:

  • New forensic testing showed that the bullet believed to be the one used to shoot Ms. Halbach contained no evidence of bone fragments.
  • Additional forensic testing calls into question the reliability of Avery's DNA, found at the crime scene on Ms. Halbach's car's hood-latch, and was used to convict.

Lastly, Ms. Halbach's ex-boyfriend was found to be in possession of her day planner, which potentially links him to the crime scene.

Status of the Case

Unfortunately for the defense, Avery's initial bid for a new trial was rejected. However, his attorneys are making one more try, and have filed the instant motion for reconsideration. If this motion fails, as most motions for reconsideration do, then an appeal will likely be filed, as much of this new evidence does create a compelling case to potentially exonerate Avery, despite there being much evidence against him still.

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