NETFLIX and the team behind Making A Murderer are being sued for defamation by Manitowoc County cops.
Yesterday former police sergeant Andrew Colburn filed a lawsuit against the streaming service, as well as filmmakers Laura Ricciardi and Moira Demos, at the Manitowoc County circuit court.
He claims that the true crime series wrongfully accused him of framing Steven Avery and Brendan Dassey for Teresa Halbach’s murder, by suggesting he planted evidence at the Avery salvage yard.
The lawsuit states: “Neither plaintiff nor any other law enforcement officer planted evidence or in any other way attempted to frame Avery or Dassey for Halbach’s murder.
“Despite overwhelming evidence proving Avery and Dassey’s guilt and the utter absence of evidence supporting defendant’s accusations of police misconduct, defendants falsely led viewers to the inescapable conclusion that plaintiff and others planted evidence to frame Avery for Halbach’s murder.”
Netflix has declined to comment on the lawsuit, while Ricciardi and Demos have not yet commented, according to The Wrap.
Yesterday Avery’s lawyer revealed she is just days away from filing papers that will prove her client’s innocent in the murder case that has gripped the world.
Making A Murderer’s second season burst onto Netflix in October, furthering the story of allegedly wrongfully convicted Steven Avery and his nephew Brendan Dassey in 2005.
The pair were found guilty of murdering 25-year-old Teresa Halbach in Two Rivers, Wisconsin.
Avery’s lawyer Kathleen Zellner says there’s much more to the story and has pointed the finger at Dassey’s brother Bobby as a new suspect.
The 61-year-old is now preparing a new 22,000 page document to submit to the appellate court by Thursday, which she claims contains all the proof why Avery should be released.
Zellner told OK! Magazine: “You must, if you can, create reasonable doubt by having an alternative theory that matches the evidence.
“That’s when you’re most likely to win a murder case.
“Just this week we got a tip that was just jaw-dropping. Like, woah, somebody actually knows this. We’re getting close.”
Yesterday, the high flying attorney tweeted that she is announcing a new “important development” in the case some time Monday.
Last month, she dropped a bombshell in a 20-tweet thread saying: “Making a Murderer watchers, listen up.
“I’m going to walk you through what I’ve learned through my investigation that you didn’t see in the show.’”
In her thread she said that victim Halbach, a photographer for Auto Trader, called the Dassey landline to ask for directions to the Avery Salvage Yard (ASY) on October 31, 2005.
Zellner added to OK!: “My goal is to not just to find the constitutional violation to get Steven Avery a new trial, because many people are convicted again in their second trial. I am trying to get the evidence to what I believe is the truth of what happened, so that there won’t BE another trial.”
Steven Avery was caged after his blood was found in Halbach’s car, linking him to the murder.
He and Brendan Dassey are currently serving life sentences.
Zellner claimed the suspect knew Avery’s finger was bleeding “because he observed it” and had access to his trailer to remove blood from the sink and plant it in Halbach’s car.
She added the suspect planted the human bones and electronics in Avery’s burn barrel.
Kathleen’s Tweets
“1 . On 10/31/05, Scott Tadych visited Bobby at the Avery salvage yard (ASY) around noon.
“2. After Teresa (TH) called the Dassey landline for directions, our suspect contacted her back with the Dassey address.
“3. Teresa arrived at the ASY around 2:30-2:31 p.m. on 10/31/05. Only Bobby and Steven saw her. After completing her photo assignment, she left & turned West on Hwy 147 around 2:38 p.m. Our suspect followed her. Steven was in his trailer.
“4. Our suspect gets TH to pull over. She opened her car’s rear cargo door to retrieve her camera, was knocked to the ground and struck with an object.
“5. TH was put in the rear cargo area of the RAV4 and driven back to ASY.
“6. TH’s RAV4 was spotted leaving the ASY with an unknown driver at 3:45 p.m.
“7. RAV4 was left by the old dam West of Mishicot on 10/31/05.
“8. 3 witnesses saw RAV4 up to 11/4/05, then it was gone.
“9. Recent investigation shows the RAV4 battery died, so it was replaced in order to move the RAV4 to the ASY.
“10. TH’s body was burned in a burn barrel. Dassey burn barrel had human bones.
“11. 60% of bones and 31 teeth missing.
“12. A witness smelled horrible odor of something burning in Manitowoc County gravel pit the evening of 10/31/05.
“13. The Dassey garage was never luminoled or DNA tested. Bobby hung a deer in the Dassey garage on 11/4/05.
“14. Sikikey note – Body burned at smelter 11/4/05, 3 a.m. Tadych worked the night shift at a smelter facility. His nickname: Skinny.
“15. TH’s electronics were not burned in Steven’s burn barrel; they were burned in Dassey burn barrel.
“16. Suspect knew Steven’s finger re-bled on 11/3/05 because he observed it.
“17. Suspect had access to Steven’s trailer to remove blood from the sink.
“18. Only our suspect knew the blood in the sink was Steven’s and not TH’s (this rules out the police).
“19. Suspect planted blood in RAV4, bones in Steven’s burn pit, and TH’s electronics in Steven’s burn barrel.
“20. In conclusion, the killer is the person who had the access and opportunity to plant Steven Avery’s fresh blood in Teresa Halbach’s car. Use # AskZellner for questions”
‘In conclusion, the killer is the person who had the access and opportunity to plant Steven Avery’s fresh blood in Teresa Halbach’s car,’ she said in her tweets, opening up a Q&A session with fans.
Replying to fans’ questions, she refused to “rule out” Brendan’s brother Bobby as a suspect.
“Do you think it was Bobby?” one fan asked.
Zellner cooly replied: ‘We cannot rule him out’ adding that his garage is being searched for DNA and blood.
While some Twitter fans believed the new theory that Bobby was behind the killings, others had doubts.
“I fully believe Bobby killed Theresa & for whatever reason Scott was involved in cover-up.
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“However, is it really believable that either would realistically remember Steven Avery’s finger bleeding & think to take Steven Avery’s blood from the sink?” one user asked.
Zellner replied: “Of course. The police had just been on the property and he would have been panicked to divert attention from himself.”
Season 3 of the Netflix true crime series has not yet been announced.
MAKING A MURDERER Who is Steven Avery?
STEVEN Avery is currently serving life in prison at Wisconsin’s Waupun Correctional Institution.
In 1985 he was falsely convicted of sexually assaulting a young, female jogger. It took 18 years for his conviction to be overturned and he was given a $400,000 (£305,000) payout in compensation.
Days later he was re-arrested and charged with Halbach’s murder, kidnapping, sexual assault and mutilation of a corpse.
Avery’s 16-year-old nephew Brendan Dassey was then arrested in March 2006 for being party to her first-degree murder and was convicted in April 2007 after a nine-day trial.
During interrogations, the police stated he had confessed in detail to helping Avery carry out the rape, killing and dismemberment of Halbach.
His confession was used as the foundation of Dassey’s trial, which lacked physical evidence linking him to the murder.
However, in June 2006 he recanted his confession and claimed he had been coerced.
The series has had millions gripped since it was first released on Netflix in 2015.
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