Making a Murderer trial moving forward as new tests to be done on Steven Avery case

Avery's lawyer Kathleen Zellner has reached an Agreed Order on her request to access DNA evidence from the crime scene

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The Independent Culture

Making a Murderer may have been promising its return all the way back in July, yet the justice system hardly works to the whims of television production, and we're a long way from any new conclusions on Steven Avery's case.

Following the overturned conviction of Avery's nephew Brendan Dassey, with the judge stating insufficient evidence to support his charge in the murder of Teresa Halbach, Avery's new lawyer Kathleen Zellner sought to push forward a new motion to gain access to DNA evidence that was gathered from the scene of the crime. 

Zellner's hope is the advancement of techniques since the original 2007 investigation will support her suspicions that evidence was planted during the investigation and that Avery was framed for the murder; she further points to a new suspect in the crime, based on a combination of forensic evidence and a source believed to be credible. 

Zellner's Twitter account has now posted a message that the motion has finally reached an Agreed Order, over two months after it was first filed; which essentially boils down to a written agreement submitted by the opposing parties in a case to resolve the issues between them, meaning here that Avery's defense and the Manitowoc prosecutors have come to an agreement in what evidence can be accessed and what tests can be done.

"Mr. Avery is requesting the comprehensive, thorough and most advanced forensic testing currently known for one simple reason: he is completely and totally innocent of the murder of Teresa Halbach," Zellner stated when filing the motion (via Uproxx). "Mr. Avery has already completed a series of tests that will conclusively establish his innocence in conjunction with the additional forensic tests he is seeking in this motion."

The request included access for testing to the spare RAV4 jeep key found in Avery's home, elements of Halbach's car itself (including the hood latch that had Avery's DNA on it), and purple underwear uncovered at Avery's scrap yard; alongside all previously collected swabs from the original trial. However, we won't know whether Zellner has gained access to all these elements until the document enters the court databases.