Mar 12, 2019

Making a Murderer Defendant Files New Motion, Seeks Conviction Reversal

Illinois attorneys work to free two innocent men and
send them home to their families.

Motion: 'Stunning State Action and Admission Undermines Entire Theory at Trial Used to Convict Steven Avery'


Madison, Wisconsin — This Making a Murderer case should be over — Steven Avery's conviction vacated with the spectacle of Wisconsin Attorney General Josh Kaul (D) deciding whether to embarrass the state by standing with the sex offender Ken Kratz for the prosecution.

Notes the Feb. 25. 2019 state appellate court order:

"The State’s objection does not address the merits of Avery’s claimed statutory and constitutional violations, and it has not responded to Avery’s supplemental filings alleging the possible destruction of evidentiary items which, it appears, the parties previously agreed to preserve." (emphasis added)

Misrepresentations discovered in 2019 are among the legion
of misconduct, deceit and state criminality used to keep
an innocent man in prison. (p. 2. March 11, 2019 Supplemental
§ 974.06 Motion for Post-Conviction Relief Pursuant to
State's Violation of Wis. Stat § 968.205
and Youngblood v. Arizona)
The Wisconsin Department of Justice (DoJ) does not address the merits of Steven Avery's characterization of Wisconsin's post-conviction conduct  — DoJ bad faith, evidence destruction and suppression — because the DoJ cannot credibly do so.

Today, attorneys Kathleen Zellner and Steven G. Richards filed a supplemental (additional) motion for relief, asking for a court order "reversing the judgment of his [Avery's] convictions and sentence and ordering a new trial," (p. one. March 11, 2019 Supplemental § 974.06 Motion for Post-Conviction Relief Pursuant to State's Violation of Wis. Stat § 968.205 and Youngblood v. Arizona).

The new motion lays out the case for Sheboygan County Judge Angela W. Sutkiewicz to whom the case has been sent back for a likely late April-May hearing.

Avery's attorneys will be afforded the opportunity to effectively put the state of Wisconsin on trial for its conduct, per the Wisconsin Court of Appeals. Feb. 25, 2019 order.

This new motion is not shooting for the moon. It's asking for relief, likely to be granted or conceded to at some point, by presenting the factual record now directly in front of the judicial hearing that the Dept of Justice has worked to prevent from occurring.

Speculation continues to be the DoJ will agree to some sort of settlement to spare itself further embarrassment in the legal community. And Steven Avery will be a free man.

P. 4. March 12, 2019 supplemental (additional) motion for relief.

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