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.”