State calling for end of temporary stay in Avery appeal

Steven Avery
FILE - In this March 13, 2007 file photo, Steven Avery listens to testimony in the courtroom at the Calumet County Courthouse in Chilton, Wis. The Netflix documentary series “Making a Murderer” tells the story of a Wisconsin man wrongly convicted of sexual assault only to be accused, along with his nephew, of killing a photographer two years after being released. An online petition has collected hundreds of thousands of digital signatures seeking a pardon for the pair of convicted killers-turned-social media sensations based on a Netflix documentary series that cast doubt on the legal process. (AP Photo/Morry Gash, File)

MANITOWOC COUNTY, Wis. (WBAY) – The State of Wisconsin is asking a circuit court judge to schedule a hearing in the Steven Avery case to address the defense’s post-conviction scientific testing of evidence.

Avery is appealing his 2005 conviction in the death of freelance photographer Teresa Halbach.

A letter obtained by Action 2 News shows the prosecution is asking Circuit Court Judge Angela Sutkiewicz for a status conference during the weeks of October 24 or October 31 or November 7.

Earlier this month, Wisconsin’s Court of Appeals, District II, granted Avery’s request to temporarily suspend the appeals process so the defense could have more time to complete testing of evidence.

Now, special prosecutor Thomas Fallon wants the hearings to continue.

“This should give the State ample time to locate and inventory all items which are subject of Defendant’s Motion,” reads a letter from Fallon to Judge Sutkiewicz.

In August, Avery’s attorney Kathleen Zellner filed a motion for more time, saying she pinned down testing that can determine the age of the blood in Teresa Halbach’s car to determine if it was planted from a vial of Avery’s blood police had almost ten years earlier, in 1996. She says it’s extensive and advanced testing.

“No one who’s guilty would ever allow this to happen,” Zellner told reporters outside the courthouse.

Meanwhile, Avery’s nephew Brendan Dassey is asking to be released from prison while the state appeals a judge’s ruling overturning his homicide conviction in the death of Halbach.

Both Avery and Dassey became an international cause celebre after the release of Netflix docu-series “Making A Murder.”

MORE COVERAGE:

Wisconsin Attorney General files response to Steven Avery motion

Wisconsin Attorney General appeals ruling in Brendan Dassey case

Avery attorney asks appeals court for time to test blood evidence

Dassey asks for prison release while state appeals case

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