New trial requested in 'Making a Murderer' case

New trial requested in 'Making a Murderer' case

The attorney says Hillegas' lack of an alibi for the night of her murder, the allegedly false information he gave to investigators about damage to Halbach's auto, and his alleged history of domestic abuse are just some of the factors to suggest he had both the motive and the opportunity to kill Halbach.

Avery and his nephew Brendan Dassey are now serving life sentences for Halbach's murder. The case gained national attention in 2015 after Netflix aired "Making a Murderer", a multi-part documentary examining Halbach's death.

Zellner suggests the former boyfriend conspired with the Manitowoc County Sheriff's Department to plant Halbach's vehicle on the Avery salvage yard. Filmmakers presented the possibility that Avery and his nephew Brendan Dassey were wrongly convicted. Dassey's conviction was overturned after a judge ruled his confession had been coerced, but Dassey is still in prison while the state appeals that ruling. State attorneys are appealing that decision.

Ineffective assistance of Avery's defense counsel during trial: Zellner contends that Avery's trial attorneys failed to prove that evidence had been planted because they lacked experts and they did not conduct a thorough investigation.

Eight pieces of evidence - including swabs of blood stains, blood flakes and a auto key - are subject to testing. Officials involved in the case have denied any misconduct. Authorities who worked on the case say the series was biased. Several key pieces of evidence from the case were tested again, after Zellner made that request in August of a year ago.

She accuses special prosecutor Ken Kratz of ethical violations, fabricating evidence and destroying Avery's reputation.

Zellner says the bullet fragment found in Avery's garage was not shot through Halbach's head.

Zellner also argues to the court that Avery's previous post-conviction motions do not procedurally bar him from bringing this claim.

In explosive new claims, Zellner says that Halbach's ex-boyfriend was physically abusive towards her and lied to police during the investigation, reports ABC2Wbay. The state can then appeal that decision.

The Wisconsin Department of Justice did not immediately reply to a request for comment.

On Wednesday, Zellner's former client Ryan Ferguson tweeted, "The reckoning has come!"

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