Motion for Relief from Judgment or Order of October 3, 2017

The ***Motion for Relief from Judgment or Order of October 3, 2017, Persuant to Wis. Stat. § 806.07 (1)(a)*** was Steven Avery's attorney Kathleen Zellner's response to the Circuit Court judge's denying of Zellner's June 2017 motion in which she requested relief and an evidentiary hearing for her client.

In this motion Zellner basically asks of the judge to undo her ruling on her June 2017 motion because the motion was not yet finished and Zellner was expecting to receive more evidence from the trial and subject them to contemporary testing methods.

## Background

Following the June 2017 *Motion for Post-conviction Relief* Zellner continued her investigation and discovered more evidence. Among the newly discovered evidence were two affidavits of two customers of Halbach who had phone contact with her on the day of her disappearance and an affidavit of a man who claims he saw the RAV4. Zellner had also been working on an IT analysis of the Dassey family computer, which would later lead to the discovery of disturbing internet searches.

Zellner also writes that the State had agreed to lend her additional evidence from the trial for additional contemporary forensic testing, such as the Toyota RAV4. Zellner claims that her June 2017 motion was not finished as the above evidence was on its way.

## Summary

On 3 October 2017 the *Motion for Post-conviction Relief* was denied. Zellner asks the Judge to reconsider the decision because at the time the decision was made, Zellner had agreed with the State that more testing on additional evidence from the trial would take place. Zellner and the State had also agreed that the June 2017 motion would be amended.

Zellner writes that the State and Zellner had agreed to release several pieces of evidence, including the RAV4. The State agreed to allow Zellner's experts Reich and Palenik to do a complete examination of the RAV4's interior and exterior and to do additional swabbing on the following locations:

* the bar under the driver's seat
* the hood crutch
* the interior hood release

The items of evidence that Zellner and the State agreed to lend to Zellner were:

Additionally, Zellner and the State had also agreed to streamline the litigation, arguments would be removed from the motion, and new arguments would be added. The parties also agreed that if an evidentiary hearing would be needed the resolve issues in the amended motion the evidentiary hearing could last 4 weeks or more.

The parties agreed to remove the following arguments from Zellner's June 2017 motion:

* Defense counsel agreed to remove the issues of ethical violations perpetrated by prosecutor Ken Kratz;
* Defense counsel also agreed to remove the references to brain fingerprinting test of Steven Avery performed by Dr. Lawrence Farwell;

Zellner writes that she intended to inform the Judge that an amended motion was on its way. Despite the Judge ruling four months after Zellner had filed her motion, Zellner did not anticipate that the Judge would rule on the motion in early October, and therefor had not yet notified the Judge. Zellner requests that the Judge's decision be vacated so that the agreed upon testing can take place.

## References

1. ↑ 1.0 1.1 *Motion for Relief from Judgment or Order of October 3, 2017*, page 1
2. ↑ 2.0 2.1 2.2 *Motion for Relief from Judgment or Order of October 3, 2017*, page 2
3. ↑ 3.0 3.1 *Motion for Relief from Judgment or Order of October 3, 2017*, page 3