Steven Avery's attorney wants more DNA tests on evidence from crime scene

Kathleen Zellner speaks to reporters outside the Manitowoc County Courthouse, August 26, 2016. (WLUK/Gabrielle Mays)

MANITOWOC, Wisc. (WLUK) -- Steven Avery's attorney has filed a motion with the State Court of Appeals. She also filed a motion with the Manitowoc County Circuit Court asking for additional DNA testing to be completed.

The court now has to decide what happens next.

The Attorney General's Office has not responded to FOX 11's request for comment.

Dozens of cameras and cellphones captured Avery's attorney, Kathleen Zellner, as she walked into the Manitowoc County Courthouse Friday.

But it's what she said outside the courthouse steps that gave more detail into the motion she filed.

"I think this will be the most comprehensive testing motion ever filed in the state of Wisconsin, probably one of the most comprehensive motions filed in the United States," said Kathleen Zellner.

Avery and his nephew, Brendan Dassey have been in prison for nearly a decade for the 2005 murder of Theresa Halbach.

The motion details the need for forensic tests and re-tests of evidence found at the crime scene.

Some of those tests include a saliva and blood test on the hood latch of Halbach's vehicle and her key.

"We are going to know through radio carbon or DNA methylation whether the blood in the RAV was planted from the '96 file. In addition to that there were many, many items that should've been DNA tested that weren't," she said.

Zellner added, someone else is responsible for Halbach's death.

"We are going to get to the bottom of who killed Theresa Halbach and we firmly believe that we will establish that it was not Steven Avery."

Zellner says she talked to Avery Thursday.

"He's absolutely thrilled, can't wait for the results," she said.

Tests could take about three months, according to Zellner.

As Zellner left the courthouse, Avery's cousin also shared her feelings on the case.

"I can't get the smile off my face, I am so excited about what just happened," said Kim Ducat.

FOX 11 asked the Halbach family for comment but our calls have not been returned.

As for what's next, a clerk official at the Manitowoc County Courthouse says, in regards to the motion for more tests, the state has to respond but it's unclear when that will happen.

Once reviewed, a judge can make a decision on whether to approve the additional tests or schedule a hearing.


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