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Avery's attorney files motion for the court to reconsider new trial; grant evidentiary hearing MANITOWOC COUNTY, Wis. (WBAY) -- Steven Avery’s attorney, Kathleen Zellner, has filed a motion for the Court to reconsider its order filed on October 3, denying Avery the right to a new trial and granting an evidentiary hearing. The motion filed Monday asks the Court for an evidentiary hearing “based on manifest errors of law and fact and the development of new evidence.” Avery and his Nephew, Brendan Dassey, are each serving life sentences in prison convicted in the rape and murder of freelance photographer Teresa Halbach in Manitowoc County in 2005. On Oct. 3, Sheboygan County Circuit Court Judge Angela Sutkiewicz issued an order that says, "the defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice. As such, no further consideration will be given to this issue." However, Zellner’s motion states that the defense has more evidence to test and prosecutors had agreed to let that happen. Zellner’s 54-page document alleges Brendan Dassey's brother, Bobby Dassey, and his now stepfather, Scott Tadych, gave false testimony while establishing alibis for the night of Oct. 31, 2005.
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