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Zellner files a 599-page document to Wisconsin Circuit Court, asking for permission to substantiate Avery's case with data obtained from the Dassey family laptop. She asserts the CD proves Bobby Dassey, older brother of Brendan, gave false testimony during the original investigation. She also believes it proves the older Dassey should be given more consideration in regards to the case.
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The defense's bid for a new trial was rejected in the circuit court, meaning Zellner and her team had to continue to pursue their appeal in Wisconsin's appellate court.
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According to the brief – a 150-page document – Avery is appealing his 2007 conviction of first-degree intentional homicide in connection with the murder of Teresa Halbach.
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Kathleen Zellner, of suburban Chicago, filed her final brief with the District 3 Court of Appeals on June 25, clearing the way for the panel to review the case.
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New witness comes forward, Thomas Sowinski. Mr. Sowinski explained how he was delivering the newspaper to the Avery Salvage yard, when he turned into the property her saw two individuals pushing a RAV4.
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Kathleen Zellner hereby moves this Court to stay this appeal and remans for Mr. Avery to supplement his post-conviction motion with a new witness affidavit establishing a Brady Violation and a third-party Denny suspect.
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Avery's Attorney responds to the Motion by saying that the state is just putting out more false allegations about Mr. Avery instead of seeking justice.
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Avery's attorney speaks out that the state is withholding vital information regarding the Avery case. They are putting false allegations out to diminish Avery's character through the media.