Steven Avery’s attorneys have filed a motion for appeal with new evidence that could exonerate Avery in the 2005 murder of Teresa Halbach, according to court documents obtained by Newsweek.

On Monday Avery’s defense attorney, Kathleen Zellner, filed a motion asking a Wisconsin court to reconsider its decision to deny Avery a new trial. The 45-page motion alleges that a Sheboygan County judge denied a new trial on October 3rd based on “manifest errors of law and fact,” and that new evidence Zellner has uncovered warrants a retrial.

The biggest revelation dropped by Avery’s defense attorney is the evidence that suggests Terea Halbach left the Avery property alive on October 31. Additionally, a new witness claims to have seen Halbach’s RAV4 parked next to a highway on November 4 and 5, which implies it was later planted at the Avery salvage yard as the police claim the RAV4 never left the Avery property.

Here is a summary of the new evidence via Newsweek,

On November 6, 2005, Bobby Dassey’s older brother Bryan Dassey told Wisconsin Department of Justice officials that Bobby had told him in the days prior that he saw Halbach leave the Averys’ property. At trial, Bobby testified he last saw Halbach walking toward Avery’s trailer—reportedly the last time she was seen alive. This evidence, lawyers say, was not explored in the original trial and “would have cast the State’s case in a completely different light.”

In an affidavit to Avery’s lawyers, Bryan Dassey more recently said: “I distinctly remember Bobby telling me, ‘Steven could not have killed her because I saw her leave the property on October 31, 2005.’ ”

” A new witness has come forward to say they saw Halbach’s RAV4 ”parked at the turnaround at State Highway 147 and the East Twin River Bridge” on both November 4 and November 5, 2005. The car was found on the Avery property on November 5 . The witness says they reported seeing the car to Manitowoc County Sheriff’s Department Sergeant Andy Colborn, but the officer did not prepare a report documenting the conversation. The lawyers say, “The witness’s observation of the RAV4 would have destroyed the State’s theory that the victim’s vehicle never left the Avery property after her arrival on October 31.”

. The witness says they reported seeing the car to Manitowoc County Sheriff’s Department Sergeant Andy Colborn, but the officer did not prepare a report documenting the conversation. The lawyers say, “The witness’s observation of the RAV4 would have destroyed the State’s theory that the victim’s vehicle never left the Avery property after her arrival on October 31.” Forensic testing of the Dasseys’ home computer found “images of Ms. Halbach, many images of violent pornography involving young females being raped and tortured, and images of injuries to females, including a decapitated head, bloodied torso, a bloody head injury and a mutilated body.” Many of the images of these young women “bear an uncanny resemblance to Ms. Halbach,” the document reads. The attorneys say the searches on the computer were isolated to times they knew that only Bobby Dassey was at home.

the document reads. The attorneys say the searches on the computer were isolated to times they knew that only Bobby Dassey was at home. New evidence allegedly connects Halbach’s ex-boyfriend Ryan Hillegas with the crime scene. Hillegas was in possession of her day planner, from which he tore a page, giving to a friend of Halbach’s, who, in turn, handed it over to the police on November 3. Denise Coakley claims she spoke to Halbach on the phone at 11.35 a.m. on October 31—the day she died. Halbach was driving her RAV4 vehicle at the time and made notes in her day planner. The attorneys say this is evidence the day planner was in the vehicle when Halbach was killed and the fact that it ended up in Hillegas’ possession would have linked him to the crime scene.

Forensic testing of a bullet fragment found in Avery’s garage, which is alleged to have entered and exited Halbach’s skull, contained “no particles consistent with bone,” the attorneys allege. There were, however, wood particles identifiable on the bullet, which supports an “alternate theory that the bullet struck a wooden object and not a human skull.”

Forensic testing of Avery’s DNA on the hood latch of Halbach’s car found that Avery would have had to have tried to open the latch around 90 times to leave the amount of DNA the Wisconsin State crime laboratory say they found on the latch.

Avery and nephew Brendan Dassey were convicted of murdering Teresa Halbach in 2007 and sentenced to life in prison. The case went mainstream after the 2015 documentary, Making a Murderer was released on Netflix — a series that left many questioning the Wisconsin justice system. The painful multi-hour questioning of Brendan Dassey, a cognitively impaired minor, with no lawyer present, was absolutely unconscionable to most viewers.

Some have criticized the biased presentation of the documentary series, as it leaves little doubt that Avery is innocent and the police are covering something up, which may not actually be true. We’ll have to wait and see if this new motion gets Avery a retrial and another chance to present his case in court.

Related Reading

‘Making a Murderer’ New Evidence: Teresa Halbach was Alive After Meeting Steven Avery

‘Making a Murderer’: Defense Implicates New Avery Nephew in Murder

Steven Avery’s Lawyer Claims New Evidence Will Clear Making A Murderer Subject