Steven Avery attorney files notice of appeal, says judge hasn't responded to filings

MANITOWOC - Steven Avery's attorney filed a notice of appeal Friday afternoon, on the heels of a motion that seemed to express some frustration with the circuit judge's inaction.

In Thursday's filing, attorney Kathleen Zellner listed the recent filings she's made in Avery's case — most with no response from Sheboygan County Judge Angela Sutkiewicz, who is overseeing the case.

"(Thursday) is Mr. Avery's last attempt to elicit a response from this Court," Zellner wrote in Thursday's filing. "(Friday) Mr. Avery will file his notice of appeal from the Court's October 3, 2017, order."

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Court records indicated Friday afternoon that a notice of appeal had been filed.

A call to Sutkiewicz's office seeking comment was not immediately returned Friday.

Zellner asked that Sutkiewicz vacate an Oct. 3 order that denied Avery a new trial and instead hold an evidentiary hearing.

Avery and his nephew, Brendan Dassey, are serving life sentences in the state prison system in the 2005 homicide of 25-year-old photographer Teresa Halbach. Both men are appealing their convictions.

Zellner also alleged that:

A report and CD containing investigative information regarding Dassey's family's computer wasn't turned over to Avery's defense attorneys and "must" contain evidence favorable to Avery. That report would have allowed the defense to establish sexual assault as the motive for victim Teresa Halbach's murder by linking another family member to the violent, sexual images on the family's computer.

Police should have investigated another potential suspect more thoroughly.

She also writes that defense attorney Dean Strang agrees that he was ineffective in representing Avery at trial because he failed to retain experts in blood spatter and ballistics.