‘Making a Murderer’ Subject Steven Avery Can Now Appeal Life Sentence

Steven Avery, the subject of the Netflix docuseries Making a Murderer, has won the right to appeal his murder conviction.

Avery, who is currently serving a life sentence following his 2007 conviction of first-degree murder in connection to the 2005 death of freelance photographer Teresa Halbach, will have his case re-examined by a court in Wisconsin, according to BBC.

“[Steven Avery’s] DREAM OF FREEDOM is a NEW REALITY as [Court of Appeals] lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence-misdeeds cannot be undone,” Avery’s lawyer, Kathleen Zellner, tweeted Tuesday. “State’s old way of doing business is OVER.”

Avery’s request for an appeal was granted due to suspected human bones that were found in a Manitowoc County gravel pit, Zellner, claims were not tested for DNA before being given to the Halbach family, a violation of state law.

“This evidence has the potential to undo the whole case, so it is a big win,” she told Newsweek. “The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial.”

News of the appeal comes just weeks after Zellner first announced new evidence that could potentially exonerate her client, explaining on Twitter that along with bone fragments believed to be Hallbach’s found in Avery’s burn pit, a pelvic bone was also discovered in a Manitowoc County gravel pit. Should the bone prove to be Hallbach’s, Zellner claimed it would refute the state’s entire theory that she was killed on the Avery property in Avery’s garage and burned in his burn pit. That type of evidence reverses convictions.”

Following the granted appeal earlier this week, Zellner noted that the court of appeals “is letting us create an avalanche of evidence in this record” and called the court’s ruling a “very good sign.”

Should Avery’s conviction be overturned, it would mark the second time that he has been wrongfully imprisoned. In 1985, he had been convicted of sexual assault and attempted murder, and after serving 18 years of a 20-year sentence, he was exonerated by DNA testing and released.

His murder conviction in the Hallbach case came just two years later.

“We are going to have an extraordinary number of constitutional violations when we are done,” Zellner said on Twitter. “The [court of appeals] is letting us create an avalanche of evidence in this record. Higher courts rule.”

Seasons 1 and 2 of Making a Murderer are available for streaming on Netflix.