‘Making a Murderer’ Subject Steven Avery Wins Right to Appeal

Read on: TheWrapTheWrap.

Steven Avery, the subject of the Netflix docu-series “Making a Murderer,” has won the right to appeal his murder conviction stemming from the 2005 death of photographer Teresa Halbach, the BBC reports.

Avery, who is currently serving a life sentence for Zellner’s murder, won a motion to appeal due to suspected human bones that were found in a gravel pit. Avery’s attorney, Kathleen Zellner, contended in a motion that the bones were given to Halbach’s family, and were not tested for DNA, in violation of the law.

“IT IS ORDERED that this appeal is remanded forthwith to the circuit court to permit Steven A. Avery to pursue a supplemental postconviction motion raising ‘claims for relief in connection with the State’s violation of WIS. STAT. § 968.205 and Youngblood v. Arizona,’” paperwork filed Monday in the Wisconsin Court of Appeals reads.

Bone fragments believed to be Halbach’s were found in Avery’s burn pit, which prosecutors used to make their case that Avery and his nephew Brendan Dassey killed her. Avery’s defense contends that Halbach left the Avery property after meeting him on Oct. 31, 2005, and was killed elsewhere.

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Says State Is ‘Trying to Deceive’ About Pelvic Bone

In December 2018, Zellner said that she wanted to have the bones tested to prove that Avery was framed for the the murder.

“We are pleased to announce that one of the world’s leading DNA experts, Dr. Richard Selden @drrichardselden, is willing to test the bones in the Manitowoc County Gravel Pit with new Rapid DNA ID,” Zellner tweeted on Monday. “If this testing is allowed, we believe the bones will be Ms. Halbach’s.”

She added, “This will prove the murder and mutilation occurred in the Manitowoc County Gravel Pit and the bones were planted in Mr. Avery’s burn pit to frame him.”

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Files Motion to Test Bones Found in Gravel Pit

On Monday, Zellner tweeted, “Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins.”

Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins @llifeafterten @ZellnerLaw @TManitowoc @michellemalkin #MakingaMurderer

– Kathleen Zellner (@ZellnerLaw) February 25, 2019

Pamela Chelin contributed to this report.

Related stories from TheWrap:

‘Making a Murderer’ Attorney Kathleen Zellner Says State Is ‘Trying to Deceive’ About Pelvic Bone

‘Making a Murderer’ Attorney Kathleen Zellner Challenges Andrew Colborn to Reenact Bookcase Theory From Trial

‘Making a Murderer’ Filmmakers Sued for Defamation by Former Wisconsin Police Sergeant

‘Making a Murderer’ Attorney Kathleen Zellner Says State Is ‘Trying to Deceive’ About Pelvic Bone

Read on: TheWrapTheWrap.

Kathleen Zellner, the attorney for “Making a Murderer” subject Steven Avery, says she received a voicemail that shows the State of Wisconsin is “trying to deceive” her about the status of a pelvic bone found in a gravel pit.

Zellner sent a letter to the Wisconsin Court of Appeals on Wednesday explaining that the “State has continuously represented to undersigned counsel since 2016 that the State was in possession of the pelvic bone.” She then explained that she received new ledger sheets on Feb. 8 that showed the pelvic bone, listed as Item #9, as being “only human.” A 2011 police report indicated that all human bones were separated from the non-human bones found in the gravel pit, and all the human bones were then returned to the family of Teresa Halbach, who was murdered in 2005 and for which Avery is in prison.

Assistant Attorney General Thomas Fallon “has consistently represented to the undersigned counsel for the last three years that the State was in possession of the pelvic bone.” Therefore, Zellner made two “urgent email requests” to Fallon to “call undersigned counsel immediately on her cell phone to confirm whether or not the State was in possession of the ‘human’ pelvic bone.’”

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Files Motion to Test Bones Found in Gravel Pit

However, Zellner states, Fallon never returned her call, but she received a voicemail from attorney Mark Williams intended for Fallon that said the following:

“Hi, Tom. This is Mark Williams. Um, I’ll send you an email later today, but I don’t think we should do anything or respond to her [Zellner] at all until tomorrow, uh, when we look into the bag and–and see exactly the pelvic bones are in there or not. Um, so I–I would not respond, uh, until we look into the bag, uh tomorrow morning and then we can talk about it, uh, before we send a response. Thanks a lot. Bye.”

“Clearly, for the last three years, Mr. Fallon has misrepresented that the State was in possession of the ‘human’ pelvic bone,” wrote Zellner. “On September 18, 2017, Mr. Fallon again misrepresented that the State was in possession of the pelvic bone when he agreed with undersigned counsel to allow microscopic examination of the pelvic bone to determine whether it is human.”

Zellner most recently filed a motion to stay Avery’s appeal, claiming that the state violated the law when they returned the human bones found in the gravel pit to the Halbach family.

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Shares New Info ‘You Didn’t See in the Show’

The pelvic bones have been essential in the case against Avery. The pelvic bones were found on Manitowoc County property, as opposed to other bones that were found in Avery’s burn pit. Zellner wants to use the pelvic bone to show that Halbach left Avery’s property after their meeting on Oct. 31, 2005. That would provide doubt that Halbach was killed and burned on Avery’s property, further helping the prosecution’s theory that Avery was framed.

“Making a Murderer” examines the 2007 convictions of Avery and Brendan Dassey for the 2005 murder of Halbach, casting doubts on Avery’s guilt, which hinged on evidence collected at the family’s auto salvage yard in Manitowoc County, Wisconsin. Notably, it pursues a theory that law enforcement may have held a grudge and was looking to settle a score with Avery after he was released from prison earlier after a sexual assault charge was disproven by DNA testing.

TheWrap has reached out to Fallon and Williams for comment.

Related stories from TheWrap:

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‘Making a Murderer’ Filmmakers Sued for Defamation by Former Wisconsin Police Sergeant

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‘Making a Murderer’ Attorney Kathleen Zellner Challenges Andrew Colborn to Reenact Bookcase Theory From Trial

Read on: TheWrapTheWrap.

Kathleen Zellner, the attorney for “Making a Murderer” subject Steven Avery, is challenging Sgt. Andrew Colborn to re-create a theory he presented during trial to convict Avery of the murder of Teresa Halbach.

“Sgt. Colborn Challenge: We invite you to our law offices to reenact the bookcase story you told the jury,” Zellner tweeted Thursday. “We have identical key & bookcase. Show us how your trial testimony is true and we will drop claim that it is not. 10 day offer.”

In the first season of “Making a Murderer,” Halbach’s Rav4 car key was found laying near a bookcase in Avery’s home after Colborn moved the bookcase, long after the initial police search took place where no key was found. At trial, Colborn said during the second search, the key must have fallen from the bookcase where Avery had hidden it after he allegedly sexually assaulted and murdered the photographer.

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Shares New Info ‘You Didn’t See in the Show’

The series presented the idea that the key, as well as other pieces of evidence, was planted by Manitowoc County law enforcement. According to Newsweek, Zellner has since attempted to re-create the scenario of the key and the bookcase, but she couldn’t get the key to fall no matter how hard she shook the bookcase.

Colborn sued the filmmakers of “Making a Murderer” as well as Netflix for defamation over his portrayal in the series in December. Colborn’s suit said that Laura Ricciardi and Moira Demos, the two filmmakers behind the series, wrongfully accused Colborn of framing Avery and his nephew Brendan Dassey for Halbach’s murder. Colborn has since retired from law enforcement.

Also Read: ‘Making a Murderer’ Prosecutor Gives 9 Reasons Steven Avery Is Guilty

“Making a Murderer” examines the 2007 convictions of Avery and Brendan Dassey for the 2005 murder of Halbach, casting doubts on Avery’s guilt, which hinged on evidence collected at the family’s auto salvage yard in Manitowoc County. Notably, it pursues a theory that law enforcement may have held a grudge and was looking to settle a score with Avery after he was released from prison earlier after a sexual assault charge was disproven by DNA testing.

TheWrap has reached out to Zellner and Colborn’s attorney for additional comment. See Zellner’s tweet below.

Pamela Chelin contributed to this report. 

Sgt. Colborn Challenge: We invite you to our law offices to reenact the bookcase story you told the jury. We have identical key & bookcase. Show us how your trial testimony is true and we will drop claim that it is not. 10 day offer.#makingamurderer @Newsweek #truthwins

— Kathleen Zellner (@ZellnerLaw) January 16, 2019

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‘Making a Murderer’ Filmmakers Sued for Defamation by Former Wisconsin Police Sergeant

‘Making a Murderer’ Attorney Kathleen Zellner Files Motion to Test Bones Found in Gravel Pit

‘Making a Murderer’ Season 2: Brendan Dassey’s Favorite TV Show Is ‘Lethal Weapon’

‘Making a Murderer’ Filmmakers Sued for Defamation by Former Wisconsin Police Sergeant

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Andrew Colburn, a former police sergeant in Manitowoc County, Wisconsin, has sued the filmmakers of “Making a Murderer” as well as Netflix, for defamation over his portrayal in the docuseries.

“Making a Murderer” examines the 2007 convictions of Steven Avery and Brendan Dassey for the murder of Teresa Halbach, casting doubts on Avery’s guilt, which hinged on evidence collected at the family’s auto salvage yard in Manitowoc County. Notably, it pursues a theory that law enforcement may have held a grudge and was looking to settle a score with Avery after he was released from prison earlier after a sexual assault charge was disproven by DNA testing.

Colburn’s suit, filed Monday in  Manitowoc County circuit court, says that Laura Ricciardi and Moira Demos, the two filmmakers behind the series, wrongfully accused Colburn of framing Avery and Dassey for Halbach’s murder. Representatives for Ricciardi and Demos did not immediately respond to TheWrap’s request for comment; Netflix declined comment.

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Shares New Info ‘You Didn’t See in the Show’

“Neither plaintiff nor any other law enforcement officer planted evidence or in any other way attempted to frame Avery or Dassey for Halbach’s murder,” the lawsuit states. “Despite overwhelming evidence proving Avery and Dassey’s guilt and the utter absence of evidence supporting defendant’s accusations of police misconduct, defendants falsely led viewers to the inescapable conclusion that plaintiff and others planted evidence to frame Avery for Halbach’s murder.”

The lawsuit further accuses the filmmakers of having “omitted, distorted, and falsified material and significant facts in an effort to portray plaintiff as a corrupt police officer who planted evidence to frame an innocent man.” This was done, the suit continues, “with actual malice and in order to make the film more profitable and more successful in the eyes of their peers, sacrificing and defaming the plaintiff’s character and reputation in the process.”

“Mr. Colburn has been subject to worldwide ridicule, contempt, and disdain since the release of ‘Making a Murderer’ almost exactly three years ago today,” Michael Griesbach, the attorney for Colburn, said in a statement provided to TheWrap. “His reputation and that of Manitowoc County, itself, has been severely and unjustly defamed. He is filing this lawsuit to set the record straight and to restore his good name. ‘Making a Murderer’ may have been a major professional achievement and a financial bonanza for its creators, producers, and distributors, but it has added another layer of tragedy to what was already a painful episode for our community and has callously poured salt into the wounds of a murder victim’s family that will never fully heal. My client hopes in some small measure to alleviate some of their pain.”

Griesbach continued: “Neither Mr. Colborn nor I intend to offer further public comment about his lawsuit. The dispute will be resolved where it should be, not in the court of public opinion where a related case has been much discussed, but in a court of law. We are asking you to respect our privacy.”

Pamela Chelin contributed to this report.

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‘Making a Murderer’ Attorney Kathleen Zellner Shares New Info ‘You Didn’t See in the Show’

‘Making a Murderer’ Part 2: 37 Updates Since the Series’ Debut (Photos)

‘Making a Murderer’: Steven Avery Denied New Trial, Again

‘Making a Murderer’ Attorney Kathleen Zellner Files Motion to Test Bones Found in Gravel Pit

Read on: TheWrapTheWrap.

Kathleen Zellner, the attorney for “Making a Murderer” subject Steven Avery, said Monday that she filed a motion to test the bones left in a Manitowoc County gravel pit to prove that Avery was framed in the murder of Teresa Halbach.

“We are pleased to announce that one of the world’s leading DNA experts, Dr. Richard Selden @drrichardselden, is willing to test the bones in the Manitowoc County Gravel Pit with new Rapid DNA ID,” Zellner tweeted on Monday. “If this testing is allowed, we believe the bones will be Ms. Halbach’s.”

She added, “This will prove the murder and mutilation occurred in the Manitowoc County Gravel Pit and the bones were planted in Mr. Avery’s burn pit to frame him.”

Also Read: ‘Making a Murderer’ Attorney Kathleen Zellner Shares New Info ‘You Didn’t See in the Show’

Bone fragments believed to be Halbach’s were found in Avery’s burn pit, which prosecutors used to make their case that Avery and his nephew Brendan Dassey killed the photographer. Avery’s defense contends that Halbach left the Avery property after meeting him on Oct. 31, 2005, and was killed elsewhere.

Court documents obtained by TheWrap indicate that Zellner filed a motion “of appeal and remand the cause for new scientific testing” on Monday,” which is now pending.

Answering to a fan, Zellner said her team filed a motion on Monday afternoon “asking the Appellate Court to remand the case for this testing to take place.” She added that the specific testing she intends to do differs from previous tests because it “works rapidly” and “has the ability to gather more data than traditional DNA testing.”

Yes, this will include the pelvic bone that was found in a Manitowoc County gravel pit, far away from where the other bones were found in Avery’s burn pit.

If the bones turn out to be Halbach’s, Zellner said “it would refute the State’s entire theory that she was killed on the Avery property in Avery’s garage and burned in his burn pit. That type of evidence reverses convictions.”

Also Read: ‘Making a Murderer’ Prosecutor Gives 9 Reasons Steven Avery Is Guilty

Last month, Zellner shared on Twitter what she said was new evidence that implicated Brendan Dassey’s brother, Bobby.

“Making a Murderer Part 2” premiered on Netflix on Oct. 19. The first season of “Making a Murderer,” which chronicled the 2005 murder of Halbach and the conviction of Avery and his nephew, Brendan Dassey, premiered in 2015 and quickly became a worldwide phenomenon. Avery was sentenced to life in prison, and a Federal Appeals court upheld a ruling that Dassey’s confession was involuntary and that investigators violated Dassey’s rights. However, in June, the Supreme Court declined to hear his case.

Zellner is currently appealing Avery’s conviction, although a circuit court judge denied him a new trial. Her brief to the appeals court is due by Dec. 20.

You can read Zellner’s entire thread here. TheWrap has reached out to Zellner for additional comment.

Pamela Chelin contributed to this report.

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Kathleen Zellner, the attorney for “Making a Murderer” subject Steven Avery, took to Twitter to reveal new information about Teresa Halbach’s murder that, according to her, fans didn’t see in the second season of the Netflix show. Zellner pointed fingers at Brendan Dassey’s brother, Bobby.

“‘Making a Murderer’ watchers, listen up,” she tweeted on Thursday morning. “I’m going to walk you through what I’ve learned through my investigation that you didn’t see in the show.”

Zellner then started a 20-tweet thread, in which she constantly mentioned “our suspect,” while laying out a timeline of what transpired in 2005. She said Halbach was followed (while Avery was in his trailer) after she left the Avery Salvage Yard on Oct. 31, 2005, and that he got Halbach to pull over. “She opened the car’s rear cargo door to retrieve her camera, was knocked to the ground and struck with an object. TH was put in the rear cargo area of the RAV4 and driven back to ASY.” Zellner’s timeline contradicts what prosecutors presented at trial. The prosecution said Avery and Brendan Dassey raped and killed Halbach in Avery’s trailer and then burned her remains.

Also Read: ‘Making a Murderer’ Prosecutor Gives 9 Reasons Steven Avery Is Guilty

Zellner also said the suspect had “access to Steven’s trailer to remove blood from the sink,” after the suspect knew Steven’s finger had “re-bled on 11/3/05 because he observed it.” (Avery’s cut on his finger was a big part of the prosecution’s arguments during trial.)

“Only our suspect knew the blood in the sink was Steven’s and not TH’s (this rules out the police),” she wrote. “Suspect planted blood in RAV4, bones in Steven’s burn pit, and TH’s electronics in Steven’s burn barrel. In conclusion, the killer is the person who had the access and opportunity to plant Steven Avery’s fresh blood in Teresa Halbach’s car.”

“Do you think it was Bobby [Dassey]?” one fan asked. “We cannot rule him out,” Zellner responded, adding that Bobby’s garage is being searched for DNA and blood.

In the second season of “Making a Murderer,” there was no clear suspect mentioned but Zellner does question Scott Tadych [Brendan’s stepfather] and Bobby Dassey and that the latter may not have told the truth during trial. At one point in the series, Tadych loses his temper.

One user asked, “I fully believe Bobby killed Theresa & for whatever reason Scott was involved in coverup. However, is it really believable that either would realistically remember SA’s finger bleeding & think to take SA’s blood from the sink?” Zellner responded, “Of course. The police had just been on the property and he would have been panicked to divert attention from himself.”

See Video: ‘Making a Murderer’: Watch the Trailer for the Second Season

Zellner also named a motive for the suspect: “It was a rage killing motivated by rejection.”

“Do we know if Bobby or ST ever interacted with TH prior to 10/31? Meaning is it possible that Bobby had his eye on her for a while before she was killed?” asked one user, to which Zellner responded, “Yes.”

“Making a Murderer Part 2” premiered on Netflix on Oct. 19. “Making a Murderer” premiered in 2015 and quickly became a worldwide phenomenon, which chronicled the 2005 murder of Halbach and the conviction of Avery and his nephew, Brendan Dassey. Avery was sentenced to life in prison, and a Federal Appeals court upheld a ruling that Dassey’s confession was involuntary and that investigators violated Dassey’s rights. However, in June, the Supreme Court declined to hear his case.

Zellner is currently appealing Avery’s conviction, although a circuit court judge denied him a new trial. Her brief to the appeals court is due by Dec. 20.

You can see all of Zellner’s responses to fans during the Twitter Q&A here, and see Zellner’s Twitter thread below.

Making a Murderer watchers, listen up. I’m going to walk you through what I’ve learned through my investigation that you didn’t see in the show.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

1 . On 10/31/05, Scott Tadych visited Bobby at the Avery salvage yard (ASY) around noon.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

2. After Teresa (TH) called the Dassey landline for directions, our suspect contacted her back with the Dassey address.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

3. Teresa arrived at the ASY around 2:30–2:31 p.m. on 10/31/05. Only Bobby and Steven saw her. After completing her photo assignment, she left & turned West on Hwy 147 around 2:38 p.m. Our suspect followed her. Steven was in his trailer.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

4. Our suspect gets TH to pull over. She opened her car’s rear cargo door to retrieve her camera, was knocked to the ground and struck with an object.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

5. TH was put in the rear cargo area of the RAV4 and driven back to ASY.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

6. TH’s RAV4 was spotted leaving the ASY with an unknown driver at 3:45 p.m.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

7. RAV4 was left by the old dam West of Mishicot on 10/31/05.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

8. 3 witnesses saw RAV4 up to 11/4/05, then it was gone.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

9. Recent investigation shows the RAV4 battery died, so it was replaced in order to move the RAV4 to the ASY.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

10. TH’s body was burned in a burn barrel. Dassey burn barrel had human bones.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

11. 60% of bones and 31 teeth missing

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

12. A witness smelled horrible odor of something burning in Manitowoc County gravel pit the evening of 10/31/05.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

13. The Dassey garage was never luminoled or DNA tested. Bobby hung a deer in the Dassey garage on 11/4/05.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

14. Sikikey note—Body burned at smelter 11/4/05, 3 a.m. Tadych worked the night shift at a smelter facility. His nickname: Skinny.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

15. TH’s electronics were not burned in Steven’s burn barrel; they were burned in Dassey burn barrel.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

16. Suspect knew Steven’s finger re-bled on 11/3/05 because he observed it.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

17. Suspect had access to Steven’s trailer to remove blood from the sink.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

18. Only our suspect knew the blood in the sink was Steven’s and not TH’s (this rules out the police).

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

19. Suspect planted blood in RAV4, bones in Steven’s burn pit, and TH’s electronics in Steven’s burn barrel.

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

In conclusion, the killer is the person who had the access and opportunity to plant Steven Avery’s fresh blood in Teresa Halbach’s car. Use #AskZellner for questions

— Kathleen Zellner (@ZellnerLaw) November 15, 2018

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As you buckle in to watch “Making a Murderer Part 2,” there’s something Ken Kratz would like you to keep in mind: He still thinks Steven Avery is guilty as sin.

Since “Making a Murderer” made him famous nearly three years ago, the former Wisconsin prosecutor hasn’t been shy about defending his work in the 2005 murder prosecution of Avery and Brendan Dassey. Soon after the original documentary’s release, TheWrap reached out to him about suggestions in the Netflix docu-series that his office railroaded two innocent defendants.

Also Read: ‘Making a Murderer’ Part 2: 37 Updates Since the Series’ Debut (Photos)

In an email, Kratz strongly rejected the criticisms, saying the documentary series got it wrong. He concluded by saying Netflix should “either provide an opportunity for rebuttal, or alert the viewers that this series was produced by and FOR the defense of Steven Avery, and contains only the opinion and theory of the defense team.”

Here is his email to us, in its entirety. It begins with the Calumet County district attorney responding to our question about whether he believed the docu-series left out any evidence:

Examples for you to consider:

1. Avery’s past incident with a cat was not “goofing around”.  He soaked his cat in gasoline or oil, and put it on a fire to watch it suffer.

2.  Avery targeted Teresa.  On Oct 31 (8:12 am) he called AutoTrader magazine and asked them to send “that same girl who was here last time.”  On Oct 10, Teresa had been to the Avery property when Steve answered the door just wearing a towel.  She said she would not go back because she was scared of him (obviously).  Avery used a fake name and fake # (his sister’s) giving those to the AutoTrader receptionist, to trick Teresa into coming.

3. Teresa’s phone, camera and PDA were found 20 ft from Avery’s door, burned in his barrel.  Why did the documentary not tell the viewers the contents of her purse were in his burn barrel, just north of the front door of his trailer?

Also Read: ‘Making a Murderer’: Why Steven Avery Says Juror Was Out to Get Him

4.  While in prison, Avery told another inmate of his intent to build a “torture chamber” so he could rape, torture and kill young women when he was released.  He even drew a diagram.  Another  inmate was told by Avery that the way to get rid of a body is to “burn it”…heat destroys DNA.

5. The victim’s bones in the firepit were “intertwined” with the steel belts, left over from the car tires Avery threw on the fire to burn, as described by Dassey.  That WAS where her bones were burned!  Suggesting that some human bones found elsewhere (never identified as Teresa’s) were from this murder was NEVER established.

6.  Also found in the fire pit was Teresa’s tooth (ID’d through dental records), a rivet from the “Daisy Fuentes” jeans she was wearing that day, and the tools used by Avery to chop up her bones during the fire.

Also Read: ‘Making a Murderer’: Brendan Dassey’s Brother Raps About Steven Avery’s Innocence (Video)

7.  Phone records show 3 calls from Avery to Teresa’s cell phone on Oct 31.  One at 2:24, 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 pm, without the *67 feature.  Avery first believes he can simply say she never showed up (his original defense), 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.

8. Avery’s DNA (not blood) was on the victim’s hood latch (under her hood in her hidden SUV).  The SUV was at the crime lab since 11/5…how did his DNA get under the hood if Avery never touched her car?  Do the cops have a vial of Avery’s sweat to “plant” under the hood?

9. Ballistics said the bullet found in the garage was fired by Avery’s rifle, which was in a police evidence locker since 11/6…if the cops planted the bullet, how did they get one fired from HIS gun?  This rifle, hanging over Aver’s bed, is the source of the bullet found in the garage, with Teresa’s DNA on it.  The bullet had to be fired BEFORE 11/5—did the cops borrow his gun, fire a bullet, recover the bullet before planting the SUV, then hang on to the bullet for 4 months in case they need to plant it 4 months later???

Also Read: ‘Making a Murderer’: 5 Theories for Steven Avery’s Innocence

There is more of course.  But I’m not a DA anymore.  I have no duty to show what nonsense the “planting” defense is, or why the documentary makers didn’t provide these uncontested facts to the audience.  You see, these facts are inconsistent with the claim that these men were framed—you don’t want to muddy up a perfectly good conspiracy movie with what actually happened, and certainly not provide the audience with the EVIDENCE the jury considered to reject that claim.

Finally, I engaged in deplorable behavior, sending suggestive text messages to a crime victim in Oct 2009.  I reported myself to the OLR.  My law license was thereafter suspended for 4 months.  I have withstood a boat-load of other consequences as a result of that behavior, including loss of my prosecution career.  However, I’ve enjoyed sobriety from prescription drug use for over 5 years now, and refuse to be defined by that dark time of my life.  All of this occurred years after the Avery case was concluded…I’m unclear why the defense-created documentary chose to include this unpleasantness in this movie, especially if the filmmakers had no agenda to cast me as a villain.  I am not a victim in that whole texting scandal—then again, it’s exceedingly unfair to use that to characterize me as morally unfit.

To identify Lt. Lenk, Sgt. Colburn and myself as being “responsible” for the framing and knowing false murder conviction of Steven Avery is irresponsible, and inconsistent with a consideration of all the evidence presented.  Netflix should either provide an opportunity for rebuttal, or alert the viewers that this series was produced by and FOR the defense of Steven Avery, and contains only the opinion and theory of the defense team.

Thanks for your consideration.

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Netflix’s “Making a Murderer” Season 2 and Blumhouse’s “Halloween” both came out Friday, so how does one choose which to watch? Well, James Corden just combined the two into one true-crime series/horror flick crossover, “Making a Halloween Murderer,” so maybe start with that.

In the Thursday “Late Late Show” sketch, Corden’s Michael Myers has been locked up four 40 years when he implores a group of documentarians to shed light on his appeal, and to seek out some of his buddies as character witnesses. Cut to: Jason Voorhees, who totally vouches for the guy.

“The only thing Mike ever killed is on the dance floor,” the “Friday the 13th” baddie says. “The guy can move.”

Also Read: ‘Making a Murderer’ Season 2: Brendan Dassey’s Favorite TV Show Is ‘Lethal Weapon’

Later, when presented with some violent film footage from the (alleged) crime, Myers admits that video of him attacking Jamie Lee Curtis with a knife in an earlier “Halloween” movie does “look bad.”

Fortunately for the masked man who is definitely not a killer, newly discovered DNA evidence eventual springs him from the clink. And on the outside, he meets a lady — but his freedom and newfound relationship don’t last once the cops sit down and watch all of the other “Halloween” movies.

Watch the video above.

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Welcome to “Remote Controlled,” a podcast from Variety featuring the best and brightest in television, both in front of and behind the camera. In this week’s episode, Variety’s executive editor of TV, Debra Birnbaum, speaks with the filmmakers behind “…

‘Making a Murderer’: Watch the Trailer for the Second Season (Video)

Read on: TheWrapTheWrap.

Netflix has released the trailer for the highly-anticipated second part of “Making a Murderer,” which will follow Steven Avery and Brendan Dassey, as well as their lawyers, post conviction for the murder of Teresa Halbach.

“Making a Murderer” premiered in 2015 and quickly became a worldwide phenomenon.

“Some people feel really bad and sad for what happened to me,” Avery says in the trailer. “I didn’t think all of these people would care.”

Also Read: ‘Making a Murderer’ Season 2: Brendan Dassey’s Favorite TV Show Is ‘Lethal Weapon’

Over the course of 10 episodes, “Making a Murderer Part 2” will take a look at the post-conviction process while both Dassey and Avery’s legal teams are trying to overturn the convictions. Plus, the documentary will showcase the emotional toll of the process on everyone involved.

“Our task now is to upend an entire system,” Dassey’s attorney says.

“I have one goal, and that’s to overturn the conviction of Steven Avery,” says Kathleen Zellner, Avery’s lawyer who is famous for overturning wrongful convictions. “There is an abundance of evidence. This could flip the whole case.”

Also Read: ‘Making a Murderer’: Steven Avery Denied New Trial, Again

Most recently, Avery was denied a new trial again although Avery’s attorneys sought to supplement the record with a CD they argued contains “exculpatory, material evidence” that was reportedly only disclosed to them in April. Zellner argued that the state failed to disclose the disc and violated his right to a fair trial, therefore arguing for a new trial.

A Federal Appeals court upheld a ruling that Dassey’s confession was involuntary and that investigators violated Dassey’s rights. However, in June, the Supreme Court declined to hear his case.

“Making a Murderer Part 2” will premiere on Netflix on Oct. 19.

Watch the trailer above.

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‘Making a Murderer’: Supreme Court Declines to Hear Brendan Dassey’s Appeal

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