State responds to Steven Avery’s latest motion requesting new DNA testing
MANITOWOC, Wis. (WBAY) - A special prosecutor responded to Steven Avery’s attorney’s latest request to conduct touch DNA on evidence in his case.
Special prosecutor Norman Gahn wrote a letter to Judge Anthony Lambrecht on Friday, stating jurisdiction over the case lies with the Wisconsin Court of Appeals, which he argues does not give circuit court judges any jurisdiction to make a ruling.
He argues until the Court of Appeals makes a ruling, the defense’s request is improperly filed.
“Adjudication of a motion under Wis. State. 974.07 is not among the actions a circuit court retains competency to proceed upon once an appeal is pending,” the letter states.
Steven Avery is asking for new DNA testing of evidence that was previously used to convict him.
In a new motion filed on March 14, Avery’s attorney, Kathleen Zellner, said the motion is to request testing for touch DNA in the RAV-4 that belonged to Teresa Halbach.
Avery is serving a life sentence for the 2005 murder of Teresa Halbach in Manitowoc County. The case gained an international following through the Netflix docuseries “Making a Murderer.”
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