Affidavits of Zellner and team

The **affidavits of Zellner and her team** are affidavits by James Kirby, Kurt Kingler and others working with Kathleen Zellner on her case for Steven Avery.

## Affidavit of Kathleen T. Zellner

### Part of motion

*Defendant-Appellant’s Reply to the State’s Response to Motion to Stay and Remand*

### Date signed

22 April 2021

**Now comes your affiant, Kathleen T. Zellner, and under oath hereby states as follows:**

1. Your affiant is of legal majority and can truthfully and competently testify to the matters contained herein based upon my personal knowledge. The factual statements herein are true and correct to the best of your affiant's knowledge, information, and belief. Your affiant is of sound mind and is not taking any medication nor has your affiant ingested any alcohol that would impair your affiant's memory of the facts stated in this affidavit.
2. Your affiant is the lead counsel for Steven Avery in case number 05-CF-381.
3. Your affiant states that on December 26, 2020 at 10:42 pm, her law office received an email from an individual by the name of Thomas D. Sowinski. Mr. Sowinski's email is attached and incorporated herein as *Exhibit 1*.
4. Your affiant reviewed the email carefully and decided to conduct a thorough background investigation of Mr. Sowinski before contacting him.
5. Your affiant reviewed all materials related to the Avery case, including all prior discovery requests, witness affidavits and interviews to determine if Mr. Sowinski could be determined to be a credible witness.
6. Your affiant also reviewed all discovery requests that she had made since assuming the representation of Mr. Avery in 2016. Specifically, your affiant made the following request:

　“Please provide a copy of the dispatcher log related to Manitowoc County
　Sheriff's Office case #2005-00008844 and/or any document/log that exists related
　to communications between Manitowoc County Sheriffs Office dispatch and law
　enforcement as well as with any private citizens.”

Mr. Larry Ledvina, Deputy Inspector at the Manitowoc County Sheriffs Office, responded “**we do not have recordings from that time period**” (emphasis added). Your affiant realized that any phone call from Mr. Sowinski to the Manitowoc County Sheriff's Office had been destroyed. This request and the response are attached and incorporated herein as *Group Exhibit 2*.
7. Your affiant's law firm conducted an investigation of Mr. Sowinski which included gathering information about the following: his date of birth, relatives, employment history, telephone numbers, email addresses, possible criminal record, possible civil record, and car ownership.
8. Your affiant's law firm confirmed that Mr. Sowinski had worked at the Manitowoc Herald Times during the relevant time period. Financial documents dating 2005-2006 as well as newspaper articles from 2005-2006 listing Mr. Sowinski as a paper carrier of the Manitowoc Herald Times are attached and incorporated hereto as *Group Exhibit 3*.
9. Your affiant's law firm confirmed that Mr. Sowinski emailed the Innocence Project on January 7, 2016 regarding his witness observations. Attached and incorporated herein as *Exhibit 4* is a copy of the relevant email. Your affiant confirmed that Mr. Dean Strang, Mr. Avery's prior attorney, did not have an email from Thomas D. Sowinski, but he could not confirm whether Mr. Buting had received an email because when Mr. Buting switched email servers, some of his prior emails had been inadvertently deleted.
10. On April 1st, 2021, a request was made to your affiant's investigators, Edward R. Kirby and Associates, that a further investigation be done of Thomas D. Sowinski as delineated in the affidavit of James R. Kirby.
11. On April 9th, 2021, your affiant's law firm conducted an interview of Mr. Sowinski by telephone and prepared an affidavit reflecting that interview. Mr. Sowinski was visiting relatives in Manitowoc County.
12. On April 10th, 2021, James R. Kirby drove to Manitowoc County to interview Mr. Sowinski and review the accuracy of his affidavit which was based on his telephone interview conducted by your affiant's law firm. Mr. Sowinski executed the affidavit which was notarized by Mr. Kirby. Mr. Sowinski's affidavit is attached and incorporated herein as *Exhibit 5*.
13. On April 12th, 2021, your affiant's law firm filed Defendant-Appellant's Motion to Stay Appeal and Remand the Cause for Mr. Avery to supplement his post-conviction motion with a new witness affidavit establishing a Brady violation and a third-party *Denny* suspect.
14. Mr. Sowinski confirmed on April 21st, 2021 with your affiant that he did not know of any reward money being offered and that if money were given to him, he would donate it to the Halbach family. Mr. Sowinski's text message is attached and incorporated hereto as *Exhibit 6*.
15. Your affiant and her law firm hold the opinion that Mr. Sowinski is a credible witness based upon the extensive investigation your affiant conducted as described above and in the affidavit of James R. Kirby.