Stipulation and Order for Independent Scientific Testing

The ***Stipulation and Order for Independent Scientific Testing*** was a brief written by Steven Avery's attorney Kathleen Zellner. It was filed on 23 November 2016. A response to her previously filed *Motion for Post-conviction Scientific Testing*, Zellner filed this stipulation to inform the judge that all involved parties in Avery's appeal case, which include Special Prosecutors Tom Fallon and Norm Gahn and Avery himself, have agreed to release several pieces of evidence from Avery's case to subject them to new scientific testing, unavailable in 2007. The two parties thereby move the circuit court for an order to release the evidence mentioned in the stipulation.

## Background

After Zellner filed her *Motion for Post-conviction Scientific Testing* in August 2016 she could've waited for the Judge to rule on her motion, or she could get in contact with the State, represented by Tom Fallon and Norm Gahn, and try to obtain an agreement on the matter with them. The latter option was chosen and on 23 November 2016, almost three months after filing the *Motion for Post-conviction Scientific Testing* Zellner filed this stipulation. All involved parties - the State, Zellner, her colleague Stephen Richards and their client Steven Avery - had all agreed to release items for testing purposes and all agreed on the amount of items and which items that would be.

The total amount of pieces of evidence that Zellner agreed to receive is a lot less than what Zellner asked for in her *Motion for Post-conviction Scientific Testing*: only 9 where 49 were initially asked for. The State was willing to lend Zellner additional evidence for testing, such as the Toyota RAV4 and the license plates, among others, but Zellner would ultimately fail in obtaining them.

## Summary

In her short notice Zellner writes that all parties (the State as represented by Tom Fallon and Norm Gahn, and Avery as represented by Zellner and Richards) move the court for an order releasing the exhibits listed in the Stipulation and which are currently held by the Clerk of the Circuit Court for Manitowoc County or Calumet County Sheriff’s Department.

The items that all aforementioned people agreed to release are:

Aside from releasing the above items of evidence, both parties have also agreed to several procedures, which are:

* The Defendant-Appellant will pay for all scientific testing.
* The pieces of evidence will be transported to the Wisconsin State Crime Lab where Defendant-Appellant's counsel can pick it up.
* The blood stains and the hood latch swab will be split in half.
* The parties have yet to decide how to divide the crusted blood, but Defendant-Appellant may take the entire sample if a portion does not appear to be enough.
* All costs associated with packaging and transporting the pieces of items will be for Defendant-Appellant.

## References

1. ↑ Zellner, K. *Motion for Relief from Judgment or Order of October 3, 2017*, page 3
2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Zellner, K., *Stipulation and Order for Independent Scientific Testing*, page 1
3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Zellner, K., *Stipulation and Order for Independent Scientific Testing*, page 2
4. ↑ 4.0 4.1 Zellner, K., *Stipulation and Order for Independent Scientific Testing*, page 3