Andy Thompson

USA TODAY NETWORK-Wisconsin

Attorney Kathleen Zellner has yet to file an appeal on behalf of convicted murderer Steven Avery, but she’s had plenty to say outside the courtroom.

Over the past several weeks, Zellner has used her Twitter account to attack Avery’s conviction for the 2005 murder of 25-year-old freelance photographer Teresa Halbach. Avery, who is serving a sentence of life in prison without the possibility of parole, has steadfastly claimed that he was framed, an assertion that authorities have ridiculed.

Zellner tweeted recently that cellphone records indicate Avery has “an airtight alibi” for Halbach’s murder. She also has used Twitter to say that police turned a “blind eye” to those who lied during the investigation, planted evidence, had “tunnel vision” by focusing on Avery as the lone suspect and relied on “poorly done” forensic testing.

While Zellner’s statements are well-received by Avery’s supporters, they have extremely little — if any — impact on any appeal, according to Michael M. O’Hear, a professor at Marquette University Law School.

"It doesn’t seem likely that these tweets would have much impact on the case,” O’Hear said. “It seems like there has been a surge of public support for Avery since the TV series came out, and I would think his lawyer is trying to keep the sympathetic public engaged.”

O’Hear was referring to “Making a Murderer,” a 10-part Netflix docu-series that focuses on Avery’s odyssey through the Wisconsin criminal justice system. Avery, a Manitowoc County native, served 18 years in prison for a rape conviction that was later overturned when a DNA test proved his innocence. Two years after his exoneration and release in 2003, he was arrested and convicted in the murder of Halbach.

O’Hear said Zellner’s tweets, which also profess that Avery’s conviction will be overturned, will have no bearing on the appeals process.

“It is hard to see how (the tweets) translate into any direct benefit for Avery,” O’Hear said. “I doubt a judge or hypothetical future jury would be influenced much by the tweets, which are presumably going out to — and being shared by — a group of people who are already inclined to think that Avery is innocent.”

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While Zellner has been outspoken in her defense of Avery, don’t expect the Wisconsin Department of Justice to do the same in representing the state in appeals filed by Avery or Brendan Dassey, Avery’s nephew who also is serving life in prison in connection with Halbach’s death.

“DOJ attorneys try cases in the courtroom, not on social media,” said Anne E. Schwartz, director of communications for the Department of Justice.

Andy Thompson: 920-996-7270, or awthompson@postcrecent.com; on Twitter @Thompson_AW