Steven Avery, the man whose case and eventual murder conviction that was the basis of the Netflix show “Making a Murderer,” could be on track to get a new trial.
The Wisconsin State Court of Appeals decided Monday that new evidence will be examined by a lower court, WLUK reported.
Avery and his nephew, Brendan Dassey, were both sentenced to life behind bars, in separate trials, for killing Teresa Halbach in 2005.
Bones, believed to human, were found in a gravel pit. His lawyer said the bones were never tested for DNA and were given to the victim's family instead, the BBC reported.
The bones were found near Avery's property, but not on it, according to the BBC.
Kathleen Zellner, Avery’s attorney, said that if they are Halbach’s bones found off Avery’s property, that goes against the prosecutor’s idea that the victim was killed at Avery’s.
"The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, (can send it) back to appellate court ... (which) can reverse the conviction and/or grant a new trial," Zellner told Newsweek.
She also spoke out on Twitter after the ruling.
The hearing that the ruling allows has not been scheduled yet, WLUK reported.
This isn’t the first time Avery’s conviction in a criminal matter has been questioned.
He served 18 years in prison after a wrongful conviction on sexual assault charges, CNN reported. He was let go after hair found on the victim in that case matched a felon who looked similar to Avery, according to CNN.
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