It's been quiet for a while but those familiar with the Murder trial against Steven Avery as featured on the hit Netflix documentary Making a Murderer, got some long-awaited news Monday afternoon.
Avery's attorney Kathleen Zellner filed a motion Monday afternoon in Manitowoc County, Wisconsin which she claims should land Avery a new trial.
According to Zellner, the prosecution in the original case committed a "Brady Violation", hiding evidence that may favor the defendant before a trial. Zellner, who did an interview with Patch in Wisconsin said, "this evidence is a bombshell in the Avery Case. We consider it the most significant witness evidence ever in the case, and it's an objective, non-biased witness who notified police in 2005 and was ignored."
The motion filed on Monday brings to light a new witness, Thomas Sowinski, who was a newspaper delivery man who delivered papers to the Avery Salvage yard. Sowinski claims that on the morning of November 5th, 2005 he turned onto the Avery property and witnessed two individuals pushing a dark blue Rav-4 down the road. One male was positively identified as "a shirtless Bobby Dassey" and other male remains unidentified.
According to the motion, "the Rav-4 did not have it's lights on. After Mr. Sowinski drove by Bobby and the other individual and delivered the papers to the Avery mailbox, he turned around and drove back towards the exit. When he reached the Rav-4, Bobby attempted to step in front of the car to block him from leaving the property. Mr. Sowinski was within 5-feet of Bobby, and his headlights were on Bobby this entire time." After swerving to into a ditch to avoid Bobby and escape the property the witness thought it strange. After learning that Teresa Halbach's car was found later that day on the property he called the Manitowoc County Sheriff's office to share his encounter.
The officer though stated that they already knew who was responsible for the crime, took some contact info and Sowinski was never contacted again.
Bobby Dassey went on to be a primary witness in the trial against Steven Avery.
Zellner claims that the state suppressed evidence of this report which negatively impacted the defense and would have impacted Bobby Dassey's credibility as the State's witness.
Sowinski has provided a sworn affidavit recounting his experience that morning.
The motion is currently being reviewed.