Steven Avery, ‘Making a Murderer’ subject, files appeal

On Jan. 11, 2016, Steven Avery filed several motions before the Wisconsin Court of Appeals.

One motion asks the court to release him on bond.

Avery is challenging the validity of the original search warrant. He also claims his due process rights were violated, and he says the conviction can’t stand because of the way in which an alternative juror was selected (citing Wis. Stats 972.10).

Avery further claims that Thomas Aquino, a Wisconsin attorney, made untruthful statements and never thoroughly investigated Avery’s allegations.

That complaint is before the Wisconsin Supreme Court’s Office of Lawyer Regulations, according to court documents.

The Office of Lawyer Regulation’s director Keith Sellen on Tuesday. Sellen said that pursuant to Wis. Supreme Court Rule 22.40, he could not confirm, nor deny whether or not Aquino was under investigation.

Action 2 News reached out to Aquino on Monday, who now works in the Appellate Division of the State Public Defender’s office. He could not be reached for comment.

Action 2 News also reached out to the original special prosecutor Ken Kratz, who also served as Calumet County District Attorney at the time. Kratz could not be reached for comment.

Avery has also recently secured new legal representation.

Kathleen T. Zellner and Associates in Downers Grove says it’s taking “full and complete representation of Steven Avery in all of his pending criminal matters.”

A representative from attorney Kathleen Zellner’s office in Downers Grove, Illinois says Zellner met with Avery on Monday. However, Zellner’s office did not file the Jan. 11 motions, which appear to have been made without the assistance of counsel.

However, moving forward, Zellner says, “We are continuing to examine every aspect of Mr. Avery’s case and all of his legal options. We are confident Mr. Avery’s conviction will be vacated when we present the new evidence and
results of our work to the appropriate court.”

Zellner tweeted about her visit with Avery yesterday.

Tricia Bushnell with the Midwest Innocence Project will be assisting with Avery’s defense and issued this statement on Monday.

“The Midwest Innocence Project (MIP), a not-for-profit corporation dedicated to the investigation, litigation and exoneration of wrongfully convicted men and women, is pleased to confirm that MIP Legal Director Tricia Bushnell will be assisting as local Wisconsin counsel for Steven Avery, whose case is currently the basis for a popular Netflix documentary series titled Making A Murderer.”

“The law firm of Kathleen T. Zellner and Associates, P.C. in Chicago will be assuming the full and complete representation of Avery in all of his pending criminal matters. Bushnell will not be conducting any interviews about the Avery case at this time, as she and Zellner are continuing to examine every aspect of Avery’s case and all of his legal options.”

The court is expected to hear Avery’s motions Feb. 11, 2016.

 

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