Zellner Drops 'Biggest Evidence Bombshell In Steven Avery's Case' (2024)

Prominent wrongful conviction lawyer Kathleen Zellner believes the recent development should get Steven Avery a new trial.

Posted Mon, Apr 12, 2021 at 3:06 pm CT|Updated Mon, Apr 12, 2021 at 5:31 pm CT

Downers Grove, Illinois wrongful conviction lawyer Kathleen Zellner filed a motion Monday afternoon in Manitowoc County accusing prosecutors of Steven Avery of committing a Brady violation. Prosecutors and police are not allowed to hide exculpatory evidence that may be favorable to a criminal defendant in preparation for trial.

Zellner remains determined to regain Avery's freedom in the murder case that has gained international fame following the December 2015 docu-series "Making a Murderer."

Zellner told Patch that Monday's filing marks the biggest development in her effort during the past five years of winning Steven Avery's freedom.

"This is an evidence bombshell in the Avery case," she said. "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 he was ignored.

"I think Steven Avery never would have been convicted had this evidence been known during his trial, and it destroys Bobby Dassey's credibility and links him to the crime, " Zellner said.

Zellner's April 11 motion states, that new witness Thomas Sowinski came forward and notified her that he was a motor route delivery driver for Gannett Wisconsin Newspapers, which is the largest newspaper publisher in Wisconsin.

Back in 2005, Sowinski delivered newspapers to the Avery Salvage Yard along Avery Road during the early morning hours of Nov. 5, 2005, which was a Saturday.

"Prior to delivering the newspapers to the Avery Salvage Yard, he turned onto the Avery property and witnessed two individuals, a shirtless Bobby Dassey and an unidentified male, suspiciously pushing a dark blue RAV-4 down Avery Road towards the junkyard," Zellner's motion stated.

"The RAV-4 did not have its 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 his car to block him from leaving the property. Mr. Sowinski was within 5 feet of Bobby, and his headlights were on Bobby during this entire time.

"Mr. Sowinski swerved into a shallow ditch to escape Bobby and exit the property."

Zellner's filing goes on to explain: "After Mr. Sowinski learned that Teresa Halbach's car was found later in the day on the November 5, 2005, he realized the significance of what he had observed and immediately contacted the Manitowoc County Sheriff's Office and spoke to a female officer, reporting everything he has stated in his affidavit."

However, the Manitowoc County deputy was not interested in learning additional details surrounding the disappearance of Halbach, Zellner's motion reflects.

"The officer said, 'We already know who did it.' Mr. Sowinski provided his phone number and was told that the Manitowoc Sheriff's Office would contact him, but it never did."

Zellner's motion in her post-conviction filing informs the special judge from neighboring Sheboygan County that "Bobby was the State's primary witness against Mr. Avery at his trial. During his opening statement, prosecutor Kratz explicitly informed the jury of the significance of Bobby's putative observations on the date of Ms. Halbach's disappearance."

Zellner's motion aims to convince the Sheboygan County judge to overturn Avery's first degree murder conviction. After several years of investigating the case herself, Zellner said she remains steadfast in her belief that Bobby Dassey was responsible for killing Halbach, who disappeared on Oct. 31, 2005.

"The State suppressed the evidence of Mr. Sowinski's report to the Manitowoc Sheriff's Office that he had witnessed Bobby and another individual in possession of and moving Ms. Halbach's vehicle onto the Avery Salvage Yard after Ms. Halbach's disappearance and prior to her vehicle's discovery," Zellner wrote. "The suppressed evidence from Mr. Sowinski was favorable to the defense and material to the pivotal issue in trial because it would have destroyed entirely the credibility of Bobby as the State's primary witness; established that Bobby was directly involved in the murder of Ms. Halbach and established that Bobby planted evidence to frame his uncle, Steven Avery."

During Monday afternoon's phone interview, Zellner told Patch that "I think this evidence shows without a doubt that Steven Avery deserves a new trial."

In past court filings, Zellner has also accused Bobby Dassey's stepfather, Scott Tadych, of being a co-conspirator. On Monday, Zellner said that the Gannett Wisconsin Newspaper delivery driver's description of the man with Bobby Dassey "does not match the description of Scott Tadych and it certainly does not match Steven Avery."

The man with Bobby Dassey moving the RAV-4, Zellner said, looked to be at least 6-feet-tall and, he had a beard between 8 inches to 12 inches long.

The following information is the affidavit from Sowinski, the former Wisconsin newspaper delivery driver: