Attorneys spar over Avery's motion for a new trial

Andy Thompson | Appleton Post-Crescent

Long before Steven Avery’s attorney filed a motion for a new trial, the friction between lawyers on both sides of the volatile case was obvious. Now, it has ramped up considerably.

Kathleen Zellner’s 1,200-plus page motion – which was filed in Manitowoc County Circuit Court on Wednesday – didn’t pull any punches as she maintained that Avery was unjustly convicted in the 2005 murder of Teresa Halbach.

The suburban Chicago attorney vigorously attacked former Calumet County District Attorney Ken Kratz, heavily criticized state and local investigators for what she claimed was a rush to judgment, and took issue with the performance of Avery’s trial attorneys.

“Both Mr. Avery and Ms. Halbach are victims of a justice system whose success depends upon the integrity, competence and devotion of judges, law enforcement, prosecutors, and defense attorneys,” Zellner wrote in the introduction to her motion.

“Both Ms. Halbach and Mr. Avery have yet to receive justice. Ms. Halbach has been all but forgotten in the rush to judgment to convict and maintain the conviction of Mr. Avery. (Avery) has not been forgotten but buried alive because those individuals who were supposed to save him from a second wrongful conviction failed.” (Zellner was referring to an earlier case in which Avery was wrongfully convicted of the brutal sexual assault of a woman and served time in prison.)

Zellner’s motion prompted pointed replies from the Wisconsin Department of Justice – which will oppose the new trial motion in court – and from Kratz, who has been a harsh critic of Avery and the popular Netflix docu-series “Making a Murderer.” The 10-episode show is filled with distortions, half-truths and flimsy arguments, Kratz says.

Rebecca Ballweg, senior communications specialist in the state Attorney General's office, said the newest motion filed on behalf of Avery will be rejected by the court, just like all previous motions since he was convicted of Halbach’s murder and sentenced to life in prison.

"We continue to send our condolences to the Halbach family as they have to endure Avery's ridiculous attempts to re-litigate his guilty verdict and sentence," Ballweg wrote to USA TODAY NETWORK-Wisconsin.

Zellner devoted a number of pages in her new trial motion to Kratz’ conduct, calling his theory of the case “one of the most preposterous tales every spun in an American courtroom.”

Kratz dismissed Zellner’s criticism, saying her allegations have no merit. He has previously rejected Zellner’s theory that police planted evidence to frame Avery, and insists that Avery was clearly the person responsible for Halbach’s gruesome death.

“ … She has chosen to make whatever incendiary allegations she can to make headlines, with little regard for the Halbach family or the truth,” the former prosecutor said on the day Zellner filed her motion.

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Zellner also targeted Avery’s trial attorneys, Dean Strang and Jerry Buting, saying their representation was ineffective in several respects, including a failure to thoroughly investigate other suspects. Strang and Buting didn’t take exception to Zellner’s motion.

“What really matters here, to us and we hope to everyone, is that we get closer to the truth in this case and to justice for everyone,” they said in a joint statement.

But former Wisconsin Supreme Court Justice Janine Geske jumped to their defense.

“These two lawyers are top-notch,” Geske said of Strang and Buting. “Avery couldn’t have had better representation.”

Geske said attorneys sometimes become combative in cases like Avery’s.

“Going after the DA is always a part of it (defense motions for post-conviction relief),” Geske said. “Prosecutors take allegations of wrongful convictions very hard.”

Geske said Avery’s request for a new trial will ultimately be decided on its legal merits.

“Sarcasm and nastiness don’t play a role,” she said. “It doesn’t play well with judges.”

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