Steven Avery Case: New witness says he saw Bobby Dassey with Teresa Halbach’s car

Kathleen Zellner, Illinois’ wrongful conviction lawyer, filed a wrongful conviction motion against the prosecutors of Steven Avery on Monday in Manitowoc County after a key witness came forward. 

Thomas Sowinski, a former Gannett Wisconsin newspaper delivery route driver, has revealed key information in the murder case of photographer Teresa Halbach. He signed a sworn affidavit attesting that he had notified the Manitowoc County Sheriff’s Office that he had seen witness Bobby Dassey with another man moving Teresa’s car, reported Patch. 

The car, a RAV4 vehicle, was being moved to the Avery property. Zellner accused the prosecutors of a Brady violation. As per law, the police and prosecutors are not permitted to hide any incriminating evidence that could be favourable to a defendant in preparation for a trial. 

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While talking to Patch, Zellner said, “This is an evidence bombshell in the Avery case. 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,” she added. 

Zellner’s motion statement says that the Wisconsin newspaper driver was on the Avery route on November 5, 2005. 

The motion says, “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,” 

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“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,” it explained further. 

“Mr Sowinski swerved into a shallow ditch to escape Bobby and exit the property.” Sowinski later found out that missing Teresa’s car was found on the same road and subsequently realised the importance of what he witnessed that morning. 

He then “contacted the Manitowoc County Sheriff’s Office and spoke to a female officer, reporting everything he has stated in his affidavit,” the motion said. 

But at that time the Manitowoc County was bothered by this piece of information. The motions details that the “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.”

Considering that “Bobby was the State’s primary witness against Mr Avery at his trial” this new development changes the narrative of the case. 

“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,” the motion says. 

Lawyer Zellner’s goal is to convince the Sheboygan County judge to give Avery a new trial and also overturn his first-degree murder conviction.  

Netflix released the show “Making a Murder” following the lives of Steven Avery and Kathleen Zellner in 2018.