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Steven Avery is escorted out of a courtroom after his arraignment in 2006. AP/Press Association Images

Steven Avery of 'Making A Murderer' to claim DNA evidence was planted in initial trial

Avery’s appeal follows the decision to overturn the conviction of co-accused Brendan Dassey.

WITH THE CONVICTION of Brendan Dassey of Making A Murderer fame overturned, his co-accused Steven Avery is now seeking exoneration.

Avery’s new lawyer is confident that she will be able to overturn the conviction that put him behind bars.

Avery was imprisoned for the rape and murder of photographer Teresa Halbach in 2005.

Kathleen Zellner, a lawyer who took up Avery’s case shortly after the series which made Dassey and Avery into well-known figures debuted on Netflix, is confident that she can get his conviction overturned.

Her case will probably rely on the decision by a federal judge, on 12 August, that Brendan Dassey’s confession that he had helped his uncle, Avery, commit the 2005 crime was involuntary.

Judge William Duffin ruled that investigators had repeated false promises to Dassey in the interrogation, when he was just 16.

In a 91-page ruling, US Magistrate Judge William Duffin was highly critical of investigators, Brendan Dassey’s original attorney Len Kachinsky, and the state courts, concluding that Dassey’s constitutional rights were violated.

Duffin also wrote that Dassey’s confession could not be considered safe because of promises made to him by police.

Making a Murderer-Dassey Brendan Dassey, 16, is escorted out of a County Circuit courtroom in Manitowo, Wisconsin back in 2006. AP / Press Association Images AP / Press Association Images / Press Association Images

He said: “These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits, and the absence of a supportive adult, rendered Dassey’s confession involuntary…”

Different suspect

Avery’s lawyer Zellner plans to lodge a request next week to get access to the DNA evidence used in Avery’s trial. She then plans to order testing on it which was not available at the time of the trial.

“There is evidence that already exists in the case that points to a different location and a different suspect,” Zellner told The New York Times.

We’ve got a combination of forensic evidence and a tip from somebody that we’ve interviewed multiple times that we think is credible.

In the initial case, prosecutors cited several different factors as well as DNA evidence, including the fact that Halbach’s car was found on his property, with his blood inside and his sweat under the car’s hood.

They also found a bullet with Halbach’s DNA on it in his garage, as well as the key to her car in his bedroom, which also had his DNA on it.

Zellner said her team will be examining the suggestion that some of the evidence was planted. She said:

I believe if even one bit of evidence is planted, the conviction is going to be vacated.

The appeal will take place on 29 August.

Read: Explainer: What happens next to Brendan Dassey of Making A Murderer?

Read: Making a Murderer’s Brendan Dassey’s conviction overturned

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33 Comments
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    Mute Regular John
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    Jan 27th 2025, 12:11 AM

    Have yis nothing better to investigate ? The country is falling apart at the seams and you’re looking at vape shops ? Jesus wept…

    224
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    Mute Ian
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    Jan 27th 2025, 12:28 AM

    @Regular John: Country is falling apart? Wtd are on about? Jesus fkin wept..

    113
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    Mute Leonard Barry
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    Jan 27th 2025, 2:09 AM

    @Regular John: This is the Journal doing the dirty work of the anti vaping fraternity in this county, any day now another individual with a chip on his shoulder with vaping will be on “Newstalk” between the hours of 4 and 7pm weekdays banging on with more negativity regarding vaping.

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    Mute damien leen
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    Jan 27th 2025, 7:15 AM

    @Ian: wtf are u on about?

    24
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    Mute Alex
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    Jan 27th 2025, 8:44 AM

    @Leonard Barry: Vaping, specifically single use vapes should be banned. It’s an excuse for useless smokers who aren’t smart enough to stop.

    16
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    Mute Billy Murphy
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    Jan 27th 2025, 8:48 AM

    @I’m a robot Robot:only uprising you’re dying is up rising ou the bed in the mornings to post this shi. The coolock gang holing hands with fenian hating orange men telling us about foreign took eeeer jerrrbs. Sad

    17
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    Mute Dermot Blaine
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    Jan 27th 2025, 9:04 AM

    @I’m a robot Robot: because you just can’t handle the world we live in, you want to start a revolution?

    8
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    Mute Tommy Roche
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    Jan 27th 2025, 1:55 PM

    @I’m a robot Robot: It’s odd that, while the majority of murders in Ireland are committed by Irish people against Irish people, you seem to ignore those particular victims. Why is that ? Why would someone be so focused on crime committed by people with darker skin tones, yet completely ignore crime committed by those whose skin tone matches his own ? You’ll deny it, of course, but we all see you. We all know what you are.

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    Mute Regular John
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    Jan 28th 2025, 1:04 AM

    @Ian: ponse

    2
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    Mute damien leen
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    Jan 27th 2025, 12:17 AM

    Oh ffs…seriously…are vapes the new crack! Undercover investigation, Irelands illicit vape market..WOW!:Banner headline news!

    156
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    Mute damien leen
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    Jan 27th 2025, 12:19 AM

    Well done Conor & Patricia…exposing this blight on society, these monsters must be stopped at any cost…give me a break!

    109
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    Mute Temp Stuff
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    Jan 27th 2025, 8:20 AM

    @damien leen: phools and their money … no sympathy

    14
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    Mute Ayo Reilly
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    Jan 27th 2025, 7:53 AM

    In the Uk, you can attend stop smoking clinics in your doctors surgery with a nurse and they encourage you to vape instead of smoking. They advise you to buy your vape/juice from reputable sources, supermarkets, chain newsagents etc. It does make a difference. I spend about £2.50 a week on juice. At the weekly clinic they test your lung capacity to show you the difference after stopping using tobacco products. Craving goes too after a while. If you’re going to vape buy from reputable retailers.

    63
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    Mute Alex
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    Jan 27th 2025, 8:46 AM

    @Ayo Reilly: Just stop smoking you lazy turd. It’s easy.

    14
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    Mute damien leen
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    Jan 27th 2025, 12:22 AM

    Did u happen to stop at any shop and see them selling cigarettes…wait no, that’s OK, they’ve taxed the crap out of them so that’s OK!

    121
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    Mute damien leen
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    Jan 27th 2025, 9:15 AM

    @Hugh McGanus: read that rubbish..life is for living u absolute melt!

    14
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    Mute Hayagriva
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    Jan 27th 2025, 10:42 AM

    @damien leen: life is for living and yet here you are whinging on a story you didn’t even read

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    Mute SOCOMJON
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    Jan 27th 2025, 6:32 AM

    Just ban the poxy things

    48
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    Mute Patrick Newell
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    Jan 27th 2025, 8:56 AM

    Wow, out of all the issues effecting this country from why the health care system is on the brink to some of the most expensive insurance and utlilties with a poor return in many cases, and this is the big stort the journal goes after.

    31
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    Mute NoelDublin
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    Jan 27th 2025, 9:30 AM

    @Patrick Newell: the Bloomberg Foundation pays media outlets globally to spread vaping misinformation. Wonder if The Journal is in their pay? They should “investigate” that ;)

    15
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    Mute Mr “JonnieBoy” Johnson
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    Jan 27th 2025, 1:59 AM

    And how come the gardai can’t do an investigation and prosecuted before now?

    26
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    Mute NoelDublin
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    Jan 27th 2025, 9:23 AM

    More shock horror anti vaping nonsense from The Journal. Health warnings not in irish! Better value products over the tiny restrictive 2ml limit! The article tries to suggest that this market is unregulated but then goes on to quote the onerous EU TPD. Absolute storm in a teacup but damaging none the less as will discourage smokers from making the switch to a far safer product. Bottom line is don’t buy vapes in those dodgy stores. Those places sell all sorts of dodgy products from phones to toys. There are many specialist vape shops on the high street with knowledgeable staff to advise smokers looking to quit. The irony of this anti harm reduction campaign is that it will lead to taxing and further restrictions that will keep people smoking and create a far bigger black market.

    29
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    Mute Tezmond McVicar
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    Jan 27th 2025, 9:52 AM

    @NoelDublin: Spot on.

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    Mute Unknown User
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    Jan 27th 2025, 8:32 AM

    Pretty sure there’s gonna be a huge increase in lung cancers and mouth and throat cancers in a few years time due to the excessive and extreme chemicals in these vapes.
    You know there’s formaldehyde in these ? The same liquid funeral homes use to embalm dead bodies ?! Why would you want to inhale this? Great article highlighting the dangers of these vapes and showing just how easy they are to buy and the excessive toxic substances and volumes within them. These will kill you. !

    25
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    Mute NoelDublin
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    Jan 27th 2025, 9:33 AM

    @Unknown User: Pretty sure you’re lying. Name a single brand sold under EU regulations that contains formaldehyde? Just one. No?

    21
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    Mute Tezmond McVicar
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    Jan 27th 2025, 9:51 AM

    @Unknown User: Evidence of your claims? None.

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    Mute Whatevaaa
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    Jan 27th 2025, 10:43 AM

    @Unknown User: Do you think that if you make up lies and post it in The Journal comment section people will believe you?

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    Mute Dr Albert S Meinheimer
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    Jan 27th 2025, 6:16 AM

    Bring into law that one can only buy a vape with a prescription

    18
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    Mute NoelDublin
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    Jan 27th 2025, 9:37 AM

    @Dr Albert S Meinheimer: bring in a law to make tobacco and cigarettes prescription only. Better no?

    11
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    Mute Dr Albert S Meinheimer
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    Jan 27th 2025, 1:24 PM

    @NoelDublin: no because the vapes were originally designed to help quit smoking. A “healthy”alternative So let it be by prescription only

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    Mute Darren Forde
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    Jan 27th 2025, 11:19 AM

    I started smoking cigarettes at 13.
    I gave up at 42 when vapes came on the market 10 years ago.
    I feel far much healthier now then ever. I save a fortune (€5 10 mil bottle) lasts me 3 days a pack of cigarettes around €17/18 would only last me a day. From what I read the jury is still out out on adults switching out and the health benefits.
    I’ve never had so much as a cough since my last cigarette. I’m not speaking for everyone just my experience.

    13
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    Mute Daniel Skelton
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    Jan 27th 2025, 8:45 AM

    Monday Morning entertainment, brought to you by The Journal.

    12
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    Mute Ethan Gannon
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    Jan 27th 2025, 7:34 AM

    Who cares

    14
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    Mute Jonathan Parkinson
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    Jan 27th 2025, 9:29 AM

    Ireland’s biggest downfall is its ability to make rules but then never enforces them. Constantly hoping for good will. And every time something like this is highlighted as a problem the problem spouted from authorities is we need better education. We just don’t hold people to account for breaking the rules.

    12
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    Mute Martin Ridge
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    Jan 27th 2025, 10:17 AM

    Bigger issues going on in this country than vapes. Far more serious but you choose to ignore them for this nonsense go away out of that

    17
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    Mute M. Sullivan
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    Jan 27th 2025, 10:14 AM

    Laying the foundations for taxation of vapes

    11
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    Mute Ed Hughes
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    Jan 27th 2025, 3:11 AM

    Get a life ffs

    20
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    Mute liam ward
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    Jan 27th 2025, 5:51 AM

    The journal should b done by the law for using kids to go out to the shops buying vapes and paying them peanuts and say they were undercover journalists for the journal to unsuspecting shopkeeper s have they no understanding of the illegally using kids as their Muppets I for one hope the law will do them so they won’t use these underhanded tactics again

    12
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    Mute Gavin Smartr
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    Jan 27th 2025, 6:56 AM

    @liam ward: the gards use kids to trap shop keepers selling alcohol to miners.

    15
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    Mute Peter Smith
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    Jan 27th 2025, 8:10 AM

    @Gavin Smartr: Surely they’re entitled to a drink after a hard day’s graft down the mine?

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    Mute Jack Hayes
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    Jan 27th 2025, 8:20 AM

    @Gavin Smartr: Mineral mining is among the world’s most hazardous occupations. It is especially dangerous in southern Africa, where mining activity is a leading cause of HIV and tuberculosis epidemics. Inside mines, silica dust exposure causes long-term pulmonary damage.

    4
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    Mute Conor O'Brien
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    Jan 27th 2025, 12:03 PM

    As a retailer that’s part of a well known franchise, we’re inspected constantly. Tobacco must be out of view, alcohol must be sectioned off, random age checks for any age restricted products, paperwork to be completed everyday,a mop for every area, a brush for every area,a separate sink for every possible thing that a sink is used for, they even check the cleaning chemicals we use and every chemical needs it’s own paperwork, if a temperature of a fridge is half a degree away from the recommended temperature it’s considered unsafe, we’re happy to implement all these rules and regulations as it does set a good standard, it’s just frustrating that these shops can put a display of bongs in their window yet if we use the wrong coloured cloth to wipe a surface we’re a danger to public health.

    9
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    Mute Stephen
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    Jan 27th 2025, 12:36 AM

    THE JOURNAL INVESTIGATES https://youtu.be/UVWq9BqJCHY

    8
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    Mute Ben F
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    Jan 27th 2025, 10:47 AM

    First thing I do in the morning is have a vape and last thing at night. Didn’t smoke half as many cigarettes when I was on them..

    5
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    Mute David Filem
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    Jan 27th 2025, 9:33 AM

    “The hobby” ….

    3
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    Mute Patrick Coffey
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    Jan 28th 2025, 9:17 AM

    Probably best country in the world to live at present time but there’s room for improvement

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