#Kathleen Zellner, attorney for #Steven Avery, is taking aim [VIDEO]at former prosecutor Ken Kratz for statements made in his book, 'Avery: The Case Against Steven Avery And What '#Making a Murderer' Got Wrong.' She lists excerpts from his work, side by side with refutations supported by case file documents. Kratz, appointed special prosecutor for the trials of both Steven Avery and Brendan Dassey, had a different scenario for each man's trial in the death of photographer Teresa Halbach. In his book, he puts forth information that was not allowed to be presented in the trial.

Inconsistent theories

In the trial of Steven Avery, the prosecution theory was that Avery, acting alone, shot and killed Ms.

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Halbach. In Brendan Dassey's trial, the theory was that Dassey, along with Avery, stabbed Ms. Halbach in her stomach and throat, strangled her, and finally shot her. Many believe that the two theories don't reconcile well, and that can be a sticking point for the prosecution. It is in fact, just one of the many points brought up in Zellner's Motion for Post Conviction Relief (page 176).

She makes the argument that it violates Wisconsin Rules of Professional Conduct, in that the former prosecutor has advanced the theories with the goal of winning a conviction, and not a goal of seeing justice served. While it comes as no surprise that she questions Kratz' performance in the courtroom, she's now looking hard at his performance outside the courtroom as well.

No immunity outside the courtroom

In an interview with John Ferak of the Joliet Patch, Zellner stated, "He has no absolute immunity.

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This guy is off the case, and he's still running around committing defamation against Steven Avery, essentially trying him in the press with even more false evidence, which is what he did the first time with his false (2006 pre-trial) press conference statements." It seems her firm is consulting with defamation experts to ascertain if a defamation suit against Mr. Kratz is a viable option.

Among some of the statements made by Kratz in his book that Ms. Zellner refutes:

  • That Steven Avery invited Mr. Kratz to visit him in prison
  • That Steven Avery had conversations with Ms. Halbach's roommate, Scott Bloedorn
  • That Steven Avery denied having a burn pit
  • That Steven Avery attempted to conceal his identity when calling Auto Trader

As Avery's attorney, she appears to be leaving nothing to chance and leaving no stone unturned in her efforts to ensure Steven Avery isn't tried in the court of public opinion again.