New motion filed by Steven Avery’s attorney accuses nephew Bobby Dassey of planting RAV-4

MADISON, Wis. — The attorney for Steven Avery is filing a new motion claiming Avery’s nephew planted the car of missing photographer Teresa Halbach at the Avery Salvage Yard.

Kathleen Zellner filed the motion Monday, saying a new witness came forward with information on Sunday.

In the motion, the new witness identified as Thomas Sowinski claims he was delivering newspapers to the Avery Salvage Yard during the early morning hours of November 5, 2005 when he saw a shirtless Bobby Dassey and an unidentified older man pushing a dark blue RAV-4 down Avery Road toward the junkyard.

According to the motion, Sowinski says Bobby Dassey tried to block him from leaving the property, but he was able to drive into the ditch to get around Dassey and leave the property.

Sowinski claims he called the Manitowoc Sheriff’s Office later that day to report what he had seen, but was told by an officer, “We already know who did it.” Sowinski says he left his phone number and was told someone from the Sheriff’s Office would contact him, but no one ever did.

Dassey went on to become one of the key witnesses used by the prosecution in the trial against Avery, testifying he saw Halbach taking photos on the property but did not see her again after she went into Avery’s trailer. Dassey testified that Halbach’s car was still on the property when he left to go hunting, but the RAV-4 was gone by the time he returned.

Halbach’s RAV-4 was later found in Avery’s Salvage Yard with Avery’s blood inside, and Halbach’s remains were found in Avery’s burn pit. Zellner has claimed all of those items were planted.

The motion is the latest to be filed by Zellner in her attempt to prove a “Brady violation,” claiming the prosecution suppressed evidence that would have been in the defense’s favor. The motion is requesting the appeals court issues a stay on the appeal and send the case back to circuit court to allow Avery to pursue a postconviction motion to allow new evidence in the case.

Zellner has previously claimed Bobby Dassey was actually the one to kill Halbach, including in a string of tweets in November 2018 that have since been deleted.

Dassey has never been charged with any crime related to Halbach’s death. He is the brother of Brendan Dassey, who was also convicted in Halbach’s death following a controversial video confession and trial.

You can read Zellner’s full motion to the appeals court below.