In a possible setback, a Wisconsin appeals judge denied convicted killer Steven Avery’s motion to conduct “rapid DNA identification” testing on bones that were recovered but never identified during an investigation into the 2005 murder.
From the Rolling Stone, Avery’s lawyer, Kathleen Zellner, explained that the motion was rejected because the court wanted to address aspects mentioned in his current appeal before taking up additional issues. If he wins his appeal, Zellner said the bone testing might come into play.
“We will be filing another motion with the appellate court on new evidence we have discovered as a result of our request to test the bones,” she told the outlet.
Previously, the high-profile lawyer tweeted that if the testing’s approved it will show that the bones belong to Teresa Halbach.
“This will prove the murder and mutilation occurred in the Manitowoc County Gravel Pit and the bones were planted in Mr. Avery’s burn pit to frame him,” she wrote.
— Kathleen Zellner (@ZellnerLaw) December 17, 2018
Avery remains jailed for Halbach’s murder in a case that’s grabbed national headlines since Netflix showcased it in a true-crime docuseries called “Making a Murderer.”
During the trial, prosecutors argued that bones found near Avery’s trailer proved he and his nephew, Brendan Dassey, committed the murder. However, the FBI was unable to confirm whose bones they were, or if they’re even human, as the remains were deemed too degraded, according to Rolling Stone.
In light of the December 28 ruling, Zellner told Newsweek, “The bottom line is that the appellate court is not preventing Avery from doing the bone testing after the appeal is completed or by agreement with the new attorney general while the appeal is pending. Either way, the court’s decision does not damage Mr. Avery’s efforts to have his conviction vacated.”
[Featured image: Steven Avery/Handout]