KZ filed a motion asking for an evidentiary hearing or a new trial.
She was able to obtain a recording of the first half of the phone call Sowinski made to law enforcement in November of 2005. This recording was never provided to the defense, despite numerous requests for all recordings and information.
She says this call validates Sowinski's statement and provides a "directly link" between Bobby and the crime, which satisfies requirements to present Bobby as an alternate suspect and the fact that this call was never disclosed satisfies the requirements to show there was a Brady violation and that law enforcement suppressed evidence.
Notice of Limited Appearance and Request to File Response
The state is requesting until December 1st 2022 to respond to KZ's filing due to case load and the 'breadth of Avery's voluminous filing'. They have also implied that KZ raised the same issues in previous appeals.
Court Order
In response to the Motion of Limited Appearance and Request to File Response by the State of Wisconsin the Court Orders:
1. Assistant Attorney General Lisa E.F. Kumfer will appear for the State in this matter for the limited purpose of filing a response to the post-conviction motion.
2. The State will file a written response to the postconviction motion no later than December 1, 2022.
From Tracie: This isn’t a bad thing nor is it an indication of which way she will rule when it comes to Steven’s motion. Judges don’t usually make more work for themselves for no reason, so she’s not necessarily asking for a response just because the state requested it. It could also be a sign that she’s giving the motion enough consideration that she needs to hear both sides of the argument. Either way, for now, it’s back to waiting.Response Opposing a Motion for an Evidentiary Hearing and Postconviction Relief Under Wis. Stat. 974.06.
The state submitted a response opposing the motion for an evidentiary hearing, saying none of the arguments presented justify a new hearing.
Motion for Leave
Kathleen has asked the court to allow her to file a reply to the state's response.
The court will probably grant this request.
Motion for Leave to File Mr. Avery's Amended Notice of Motion and Third Motion for Postconviction Relief
Kathleen has filed a motion requesting permission to file an amended version of the motion she filed on August 16, 2022.
Court Order
The circuit court is allowing Kathleen to file a reply to the state's response no later than January 26, 2023.
Court Order
The court has granted Kathleen's request to file the amended notice of motion. She will be able to file the amended notice of motion.
Second Amended Notice of Motion and Third Motion for PCR
In their Response, the State added a footnote that stated that Kathleen's citations didn't make sense, so to rectify that, she filed an amended motion correcting/adding citations. There are several files, so I'm including them below.
Here is a screenshot of their footnote:
Reply to the State's Response
Kathleen filed a reply to the state's response to her motion. She addresses each of the state's arguments, explains why they're wrong, and explains why Steven is entitled to a hearing.
Decision made by Circuit Court
Aug. 22, 2023Motion of defendant is denied.
What's next?
Kathleen will be filing an appeal.