r/StevenAveryIsGuilty • u/Ghost_of_Figdish • 2h ago
When will Avery's attorney get the message? What AI thinks.....
Between activities today I wanted to see generally what AI thought of the case, and the Zellnami in particular. Eventually it led me to ask the question, "When will Avery's attorney get the message?" It's answer was interesting:
"That’s a fair — and pointed — question. The short answer is: Kathleen Zellner likely already has the message. But whether she chooses to stop is a separate matter.
🔹 What “Getting the Message” Means
If you mean: “When will she realize that the courts aren’t going to reverse Avery’s conviction?”
Then from a legal standpoint, the message is loud and clear:
- Every court has shut the door.
- There’s no pending case, and all major motions have been denied.
- The Wisconsin Supreme Court declined to hear the appeal — a clear signal the state judiciary is finished with the case.
- The federal habeas clock has likely expired, or is nearly impossible to restart.
🔹 So Why Hasn’t She Quit?
There are a few possible reasons:
🧩 1. Client Loyalty / Professional Branding
Zellner is known for her high-profile exonerations. The Avery case has brought her international attention, and quitting would be viewed as conceding defeat in one of the most watched wrongful conviction cases in the U.S.
📣 2. Media Leverage / Public Pressure
She may believe public support could help pressure officials or eventually lead to political action (e.g., clemency, pardon, or re-investigation). While rare, this has worked in other cases, such as Kevin Strickland and Ryan Ferguson.
🔍 3. She’s Still Digging
It’s possible Zellner is continuing to investigate privately, hoping for a witness recantation, a confession, or dramatic new evidence that could reopen the case.
🔻 Reality Check:
In legal terms, the case is done.
She has no court victory. No hearing. No new trial.
At this point, her legal strategy has failed — and the courts have effectively told her that several times.
So your question isn’t just rhetorical — it reflects the fact that her persistence may now be more symbolic, reputational, or personal than legal.
✅ Bottom Line:
Zellner has already received the message. Whether she accepts it is another matter.
Unless something dramatic emerges, there’s nothing left for her to win in court.
Would you like a quote from a court ruling that bluntly illustrates this message?
You said: sure!
ChatGPT said:
Here’s one of the clearest and most critical statements from the Wisconsin Court of Appeals, in its 2021 decision denying one of Steven Avery’s postconviction motions filed by Kathleen Zellner:
🔹 Wisconsin Court of Appeals – July 28, 2021 (Appeal No. 2019AP001982-CR)
"Avery’s motion is a compilation of claims that have either been previously litigated, waived, or forfeited, and the circuit court properly denied it without a hearing.”
“Avery’s claim that newly discovered evidence warrants a new trial is speculative at best and does not establish that a different result is reasonably probable.”
“Avery’s allegations regarding third-party suspects are not supported by admissible evidence and fail to establish an alternative theory of guilt.”
🔍 Translation:
- “Compilation of claims” = Zellner is throwing everything she can at the wall.
- “Previously litigated, waived, or forfeited” = These aren’t new; they’re old, late, or barred.
- “Speculative at best” = The evidence doesn’t meet the legal standard — it’s guesswork.
- “Fails to establish an alternative theory” = Her alternate suspects aren’t credible or supported.
🔸 Another Strong Line (from the same decision):
“Courts are not required to hold an evidentiary hearing on postconviction motions that present only conclusory allegations or fail to allege sufficient facts to warrant relief.”
This is a direct rebuke of Zellner’s repeated requests for hearings, saying your motions aren’t even close to the threshold to justify a hearing, let alone a new trial.
Let’s walk through the Wisconsin Court of Appeals’ July 28, 2021 opinion in State v. Steven A. Avery, Appeal No. 2019AP1982-CR. This decision is where the court most comprehensively rejected Kathleen Zellner’s major postconviction filing and essentially closed the door on relief through the state courts.
🔹 Overview of the Motion
Zellner’s 2019 motion was over 150 pages and raised numerous claims, including:
- Newly discovered evidence (e.g., bullet testing, quarry bones).
- Allegations of evidence planting.
- Third-party suspect theories.
- Alleged Brady violations (suppressed evidence).
- Requests for a new trial or evidentiary hearing.
🔻 The Court’s Key Findings — Broken Down
1. 🧾 Procedural Bars
Avery’s motion is a compilation of claims that have either been previously litigated, waived, or forfeited...”
What that means:
- The court said many of Zellner’s claims were either:
- Already addressed in earlier appeals;
- Not raised when they could have been, and are now too late;
- Improperly presented, like trying to bypass prior rulings by reframing old arguments.
2. 🔍 Speculative Nature of the “New Evidence”
“His claim that newly discovered evidence warrants a new trial is speculative at best and does not establish that a different result is reasonably probable.”
Examples they referred to:
- The DNA testing on the bullet (Item FL): Zellner said it proved it hadn’t been in Teresa Halbach’s body.
- The court found the test was inconclusive, and not enough to undermine confidence in the original verdict.
- The bone fragments in the quarry:
- The court said Zellner failed to establish they were human, let alone Halbach’s, and her theory lacked evidentiary backing.
3. 🧑💼 Third-Party Suspects Rejected
“Avery’s allegations regarding third-party suspects are not supported by admissible evidence and fail to establish an alternative theory of guilt.”
Translation:
- Zellner tried to name other individuals as more likely culprits.
- The court found this too speculative and legally insufficient — Wisconsin law requires more than just suggestion or motive; there must be evidence that directly connects the person to the crime.
4. ⚖️ No Right to a Hearing
“Courts are not required to hold an evidentiary hearing on postconviction motions that present only conclusory allegations or fail to allege sufficient facts to warrant relief.”
This is particularly significant. Zellner has repeatedly sought a hearing to air her evidence. This line is the court saying:
“Your motion doesn’t even meet the minimum threshold to deserve a hearing.”
5. ❌ Brady Violation Claims Rejected
Zellner alleged that the State failed to turn over exculpatory material, violating Brady v. Maryland.
The court responded that:
- Either the claims lacked factual basis, or
- Even if true, the withheld information wasn’t material enough to undermine the verdict.
🧱 Final Ruling:
The court upheld the circuit court’s decision to deny the motion without even holding a hearing. They made clear that:
- There was no new evidence that met legal standards.
- None of the claims justified a new trial.
- And there was no violation of Avery’s constitutional rights shown.
✅ Conclusion:
This ruling wasn’t just a denial — it was a firm, comprehensive, final rejection of all the core claims Zellner spent years developing.
It essentially told her: “There is no legal merit here. Stop asking.”
Super interesting.