Kathleen Zellner, Steven Avery’s lawyer who is desperate to prove his innocence in the 2005 murder of Teresa Halbach, has filed a request to have the bones found in the Avery case tested once again for DNA.
Zellner revealed on Twitter that one of the world’s leading DNA experts, Dr. Richard Selden, is willing to test the bones now with brand new DNA testing to see if they do belong to Teresa.
Zellner writes that if the bones are proven to be not only human but also belonging to Halbach, she believes she has the evidence to prove that the supposed killer planted the bones in Steven Avery’s burn pit to frame him. The murder itself is believed to have taken place in the Manitowoc County Gravel Pit, which wasn’t located on the Avery property.
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.
We are available to take your questions re this news starting at 2:30 pm CDT.
Use #askzellner when asking questions!
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Actually, we just filed a motion this afternoon asking the Appellate Court to remand the case for this testing to take place. #askzellner https://t.co/kBsYxVbGTQ
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
So, what does this testing even mean for these old bones? On Twitter, Zellner explains that this new testing is FBI approved and is great for identifying victims with burned bones.
It works rapidly and is more sensitive and has the ability to gather more data than traditional DNA testing. #askzellner https://t.co/zLRiTqKLKH
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Zellner explained that their legal efforts have only experienced struggles at the lower courts, but not the Appellate Court. And while viewers of Making A Murderer want to know what the chances are of this testing being approved, Zellner explains that there’s a 95 percent chance of approval based on other states.
The testing is to see whether the bones do belong to Teresa. If they do, Kathleen Zellner believes that the prosecution’s case will fall apart.
No, because the State claimed the murder and burning occurred in Steven Avery’s garage and burn pit. #AskZellner https://t.co/QzG9omw3ks
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Not according to the State's theory at trial. They don't get to rewrite the theory now. SA would not have moved the bones from the gravel pit to his burn pit. #AskZellner https://t.co/n25E4PL0OR
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Zellner got involved with Avery’s case after being encouraged to watch Making A Murderer. After watching the first season, she began bulldozing through the case and rattling some feathers along the way.
Avery is still behind bars, as is his supposed co-conspirator, Brendan Dassey. The prosecutor, Ken Kratz, who has since retired, continues to speak out about his work. He’s convinced that Avery and Dassey are guilty and should remain behind bars, as documented on the second season of Making A Murderer.
Making A Murderer Season 2 showed everything that Zellner did to free Avery, including going through the case with a fine-toothed comb. Viewers were eager to know what this could mean in terms of freeing Avery and Dassey, and Zellner revealed that this new evidence could disprove the prosecution’s stories and should, in turn, speed up the release process.
Yes. #askzellner https://t.co/9RR9p1nazZ
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
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. #askzellner https://t.co/u8HG4wSF9I
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
While the legal process can sometimes be drawn out, Zellner reveals that she expects an answer in regards to the testing in just a few days. And Kathleen believes that this kind of news could grant a brand new trial with the goal of freeing Avery.
We would expect to hear a response within a few days. #AskZellner https://t.co/QFDowiOU5x
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
This would be such a huge development that we would expect that a new trial could be granted outright. #AskZellner https://t.co/INqOjFw04v
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Of course, there’s also the question of Brendan Dassey. Back in 2006, he admitted his role in the murder, but his confession was a hot topic of discussion.
The confession tape, which aired as part of Making A Murderer Season 1, has been called coerced. In addition, Dassey’s mental capacity and IQ, which has been rated as that of a 4th grader, according to Bustle, was also discussed on the show.
Viewers were shocked that the investigators were feeding him with information, something that should not have been done. The topic of his confession was also discussed on Making A Murderer Season 2, but it didn’t result in his release from prison.
But Kathleen hasn’t forgotten about Dassey. She reveals that the evidence she has recovered will affect both the Avery and the Dassey case.
Yes. #askzellner https://t.co/4YibXW7aPl
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
If Steven and Dassey are completely innocent, the real killer hasn’t been caught. During Making A Murderer Season 2, Kathleen started speculating as to who could be the real killer. She offered up a few names, and she believes that there is a chance that the killer’s DNA could be on the bones.
It's possible if the murderer handled the bones without gloves. #askzellner https://t.co/Yps9us6BRW
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Our belief is that it was the killer. #AskZellner https://t.co/zT5jBgmygA
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Bobby Dassey is a name that came up during Making A Murderer Season 2, as Zellner provided new evidence to the viewers that points the finger at Brendan’s brother. No legal action has been taken to get Bobby behind bars.
Bobby Dassey was never treated as a suspect back in 2005, but he did testify in Steven Avery’s trial. Bobby did not want to participate in the Making A Murderer Netflix series and neither did lead investigator, Tom Fassbender.
So, what does this mean for Making A Murderer Season 3? Netflix hasn’t confirmed whether the show is returning, but given the popularity of the series and the new developments made by Zellner and her team, Netflix could well proceed with a brand new series.
In fact, Netflix could well be documenting the case at the moment, as Zellner continues to bulldoze through the case with the goal of having Avery and Dassey released.
Kathleen is convinced that this new evidence would lead to Avery and Dassey’s release, which could be a major victory for the Making A Murderer series and the team behind the hit show. It’s important to note that Season 1 was released in December 2015, whereas Season 2 wasn’t released until October 2018. While there was a three-year gap between the seasons, the case wasn’t as active then as it is now.
Given the outcome of this testing, it’s possible Netflix could get Making A Murderer Season 3 back in production if it isn’t already filming. One thing is for sure — fans are eager to learn what will happen given this testing and if this could finally prove what happened to Teresa Halbach on October 31, 2005.
Making A Murderer 3 has not been announced by Netflix, but given all of the recent events in Steven Avery’s case, it’s possible it will happen sooner rather than later.