Making a Murderer Defendant Gets Legal Win — Panel Sends Avery Case to Circuit Court to Hear Due Process and Evidence-Destruction Claims

Kathleen Zellner, depicted above in image, has shown
beyond serious dispute Wisconsin has framed, destroyed
exculpatory evidence, and secretly broken state laws, all
to convict and protect the convictions of two innocent
men. Zellner won a significant legal victory in
Wisconsin appellate court. Image from
innocence supporter, JamesBond 007, UK.

Updated Madison, Wisconsin — In a major victory for wrongfully convicted Steven Avery, the Wisconsin Court of Appeals, (District Two), has sent his case back to circuit court to pursue post conviction litigation pleading violations of due process and the state law mandating preservation of evidence in criminal cases.

The order means Avery can now appear through his attorney in a public forum to argue proven and willful violations of state law and the Due Process Clause by Wisconsin law enforcement should result in the vacating of his conviction or the reversal of his conviction.

We are going to have an extraordinary number of constitutional violations when we are done. The COA is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins @michellemalkin @EFMoriarty #MakingaMurderer #WorkWithKZ

— Kathleen Zellner (@ZellnerLaw) February 25, 2019

The case is: State of Wisconsin v. Steven Avery, Case No: 2017AP2288.

Avery will plead his case in a hearing, but the state of Wiscosnin, law enforcement and especially the Dept of Justice will be on trial.

SA’s DREAM OF FREEDOM is a NEW REALITY as COA lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence-misdeeds cannot be undone. State’s old way of doing business is OVER. #WreckingCrew #WorkWithKZ #TruthWins #Losers=Guilters #KratzRatzShipSinks

— Kathleen Zellner (@ZellnerLaw) February 26, 2019

Avery through his attorney, Kathleen Zellner, has 40 days to present to the Circuit Court grounds for relief in an opening brief.

This development of remanding or sending back the case to Circuit Court has been opposed by the Wisconsin Dept of Justice which declined to argue Due Process violation and the destruction of the murder victim's bones by Wisconsin, but used procedural delaying tactics.

With this ruling, the State is forced into open court.

Reports Kelly Wynne in Newsweek: Zellner told Newsweek it's a big win for Avery. "The appellate court granted our motion to supplement the record with the evidence the bones were destroyed," she explained. "The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial. Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win."

Advocates and legal counsel cheered the development late Monday afternoon:

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

— Kathleen Zellner (@ZellnerLaw) February 25, 2019

In late January, attorney Jerome Buting, Avery's 2005 co-counsel uninvolved in the post-conviction litigation, noted:

In layman’s terms: State wants to avoid a hearing on this where they have to explain why they gave to Halbach family quarry bones that KK claimed at trial were non-human. KZ wants to prove with new DNA technique they were TH, as further proof she wasn’t burned at SA’s property. https://t.co/kXzjULsgFm

— Jerome Buting (@JButing) January 31, 2019

Avery along with Brendan Dassey are widely acknowledged to be innocent of the murder of Teresa Halback in 2005.

Yet, both men face a hostile Wisconsin Dept of Justice working to cover up crimes of Wisconsin law enforcement.

A Feb. admission by the state that it destroyed evidence by giving bones to the family of the murder victim is significant because, as Zellner told Newsweek, "This admission proves these bone fragments were returned to the family and it is undisputed there was no notice given to Steven Avery or his attorneys and that violates Wisconsin law, ... When any of these bones were returned to the Halbach’s Wisconsin State law and due process were violated. The State has confirmed returning many of the bones to the Halbach’s so the court should grant our motion to stay and remand."

Lawyers at the Wisconsin Department of Justice do not want to appear in open Sheboygan County Court, the jurisdiction to which the case is remanded or sent back, and explain why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

Updates coming as breaking story develops.