Steven Avery's lawyer, Kathleen Zellner took to Twitter last week to announce that an agreement had been reached as to which pieces of evidence in the Making a Murderer subject's case can and can't be re-tested.
While the actual Agreed Testing Order documents have yet to make their way online, reporters at USA Today have managed to get their hands on the list of items that are set to be re-examined. Almost all nine of the items are related to Teresa Halbach's RAV4 vehicle which is where investigators found several DNA swabs and flakes of blood that matched the DNA profile of Steven Avery.
The nine items are:
1. Blood flakes recovered from the floor near the center console of Halbach’s RAV4.
2. Bloodstain cutting from the driver’s seat.
3. Bloodstain cutting from passenger’s seat.
4. Swab of the RAV 4 ignition area where blood was found.
5. Swab of bloodstain taken from the rear passenger’s door.
6. Swab of bloodstain taken from a CD case found in vehicle.
7. A vial of blood said to be a sample of Avery’s blood from 1996.
This was the vial of blood that Avery’s murder trial defense lawyers Dean Strang and Jerry Buting came across during their pretrial case research inside the clerk’s office at the Manitowoc County Courthouse.
8. The spare key for Teresa Halbach's RAV4 found in Steven Avery's bedroom.
9. The swab from the hood latch of Halbach’s RAV4 that later generated a DNA profile for Avery.
Zellner seems to be of the opinion that the swab from the hood latch of the vehicle will be particularly significant. The forensic testing of the hood latch was not performed by the Wisconsin State Crime Lab where the vehicle was initially impounded and subjected to a number of standard forensic tests.
Instead, the swab from the hood latch that yielded a DNA profile for Avery was not conducted until six months later when the Calumet County Sherrif's Office decided to carry out their own forensic tests of the hood area. Zellner has said she wants to determine if the hood latch DNA swab was fabricated from other known DNA samples that were in the possession of Calumet and Manitowoc County law enforcement.
Although Zellner seems pleased to be getting these nine items re-tested, it is worth noting that the state refused a lot of items listed on her original motion. These include the pelvic bone used to identify charred material as Halbach's remains, the RAV4 licence plate and the bullet fragments found in Avery's garage.