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Avery lawyers file appeal for deadline extension

Posted at 2:02 PM, May 26, 2016
and last updated 2016-05-27 11:07:22-04

Steven Avery's attorneys have asked the Wisconsin Court of Appeals for more time to submit papers in support of overturning his murder conviction.  

According to court documents obtained by our sister station NBC26, attorney Kathleen Zellner is asking for a 90 day extension which would make legal briefs due Aug. 29, instead of in a few days. 

When asked Thursday if Zellner might be stalling, Ken Kratz deferred questions to the Wisconsin Department of Justice, which is now handling the case.

Kratz formerly served as Calumet County's District Attorney and was a special prosecutor on the case.

Although Kratz declined to comment about the motion itself, he did say he's been under attack on social media by Zellner.

"With attorney [Kathleen] Zellner’s public comments, at least on social media, that she already has in her possession evidence of the real killer, I’m really looking forward to her presenting that information," Kratz said during a telephone interview with TODAY'S TMJ4 Thursday. 

Zellner has taken to Twitter over the past several months to attack the prosecution of the case. In April, a tweet specifically targeted Kratz, with Zellner saying that Kratz canceled a speech and implying that her legal team had acquired evidence that could lead to Avery's exoneration. 

Although questions remain as to why Zellner is asking for more time, according to court documents, one of the reasons supporting the request is the the volume of records kept from the trial and post conviction court activities.

"The record totals 464 documents. Although counsel has worked diligently ... it requires additional time to complete the brief in this case," according to court documents.

Avery and his nephew, Brendan Dassey were sentenced to prison for their roles in Teresa Halbach's death in 2005, and have received international attention since the release of the Netflix series, "Making a Murderer." 

The case will again be in the spotlight, with Kratz telling TODAY'S TMJ4 Thursday that he has nearly completed the book he's writing about the case.

"Writing the book is going well. I am close to the conclusion of the manuscript," Kratz said. 

He says it will be available to the public Jan. 24.

One of Avery's original defense attorneys, Jerry Buting, is also working on a book. Buting says the book will address the dysfunction in the criminal justice system in Wisconsin and beyond.

NBC26 contributed to this report.