After Avery was denied a new trial in September, Zellner filed another motion in Manitowoc County court on the grounds that she has new evidence.
The cornerstone of Zellner's argument is that not only did Bobby Dassey lie under oath, but he may have done so because he himself was involved in the murder of Teresa Halbach, as reported by Rolling Stone.
A key question in Avery's trial was whether or not Halbach ever left the Avery property on the day of her murder. Zellner's filing includes a transcript of a recent phone call between Avery and his sister Barb Tadych, according to Wisconsin Radio News. Zellner says there's evidence that Bobby Dassey witnessed Halbach leaving Avery's property, which directly contradicts his testimony, as reported by local ABC affiliate WISN.
Law Newz reports that a transcript from the phone call contains evidence that Halbach indeed left the Avery property. In the transcript, Tadych and her husband both state that she left, to which Avery responds: "Well, [Bobby] didn’t testify for [sic] that."
If Bobby Dassey indeed lied under oath, the next question is "Why?" According to Zellner, his computer contained violent pornography, which he wiped clean before turning it over to police. Zellner also says there's evidence that Tadych lied about whether or not there was internet access in the house.
"Barb’s vehement denial that her computer had access to the internet at the time of Ms. Halbach’s disappearance is probative because it is unequivocally false. As cited in Mr. Avery’s motion for reconsideration, a forensic examination of Barb’s computer . . . shows that the computer was used to access violent images of young deceased females, rape, torture, incest, and pedophilia on the internet at times when only Bobby was home," Zellner's filing reads, as reported by Law Newz.
Zellner also doubled down on her argument that Avery's lawyers Dean Strang and Jerry Buting were ineffective counsel. In an interview with Rolling Stone, she stated: "There is a paragraph in a police report from 2006 describing what we were able to find with more clarity." Zellner went on to say that the State, Strang, and Buting all "received the reports on this violent porn about 7-10 days before trial." She criticized Avery's attorneys for not investigating the matter further.
Zellner's motion was filed yesterday and, although it's unclear whether or not Avery will be granted a new trial, we can probably expect Bobby Dassey to be prominently featured in the next installment of Making a Murderer.
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