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Well, he is one of northeast Wisconsin's
most notorious murderers,
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and now a new documentary is set to air
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00:00:19,119 --> 00:00:21,722
about the life and crimes of Steven Avery.
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00:00:22,356 --> 00:00:24,291
[newscaster]
From his 2003 release from prison
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00:00:24,358 --> 00:00:25,859
for a crime he did not commit,
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all the way through his 2007 conviction
for Halbach's murder,
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Steven Avery's notoriety has been followed
by the people in northeast Wisconsin,
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00:00:33,200 --> 00:00:37,700
and now, in a ten-part series
being released on Netflix next month:
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Making a Murderer.
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00:00:39,390 --> 00:00:40,719
Many people in this community we talked to
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are not interested in anything
dealing with Avery.
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You get wrongly convicted,
and then, all of a sudden, you do that.
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You get a second chance and you blow it.
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[newscaster] In response to
the documentary, the Halbach family says,
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"We are saddened to learn
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that individuals and corporations
continue to create entertainment
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and to seek profit from our loss.
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We continue to hope
that the story of Teresa's life
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brings goodness to the world."
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- Making a Murderer.
- Making a Murderer.
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Making a Murderer.
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- Making...
- Making...
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Making a Murderer.
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I hadn't heard about this
until about a week ago.
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It's been all the rage.
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- [newscaster] People worldwide...
- Millions of views...
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- [reporter] A sea of angry social media...
- People are extremely outraged.
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Steven Avery's lawyers now are rock stars.
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- Sex symbol.
- Good morning, heartthrobs.
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Celebrities have taken to social media...
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- Celebrities are tweeting...
- Tweeting like crazy.
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Everyone is talking about this docuseries.
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Petitions calling for the release
of Steven Avery continue to grow.
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The most activity the site has ever seen.
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There are now calls
for the President himself to get involved.
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[newscaster] In a lengthy response,
the White House wrote in part:
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"Since Steven Avery and Brendan Dassey
are both state prisoners,
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the President cannot pardon them.
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A pardon in this case would need
to be issued at the state level
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00:02:00,821 --> 00:02:02,422
by the appropriate authorities."
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[reporter] The state's governor,
Scott Walker, refused.
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People watching a TV series
calling for a pardon
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00:02:08,295 --> 00:02:12,899
without having little or no knowledge
of major pieces of evidence.
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[reporter] The governor has not seen
Making a Murderer,
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but calls it one-sided.
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[Scott Walker] Documentaries tend to offer
a balanced approach.
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It's really not a documentary.
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[man] I'm gonna do everything in my power
to free Steve Avery,
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00:02:25,312 --> 00:02:26,813
and then I'm coming after you.
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00:02:26,880 --> 00:02:30,117
[newscaster] Viewers made death threats
against Kratz and his family.
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00:02:30,183 --> 00:02:32,886
His Yelp page
is under an active clean-up alert
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because of all the negative comments.
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00:02:34,521 --> 00:02:37,724
"I hope your daughter gets raped
and murdered."
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A decade later, you have no concern
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00:02:40,694 --> 00:02:46,133
that some of your people might have done
something inappropriate with the evidence?
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00:02:46,199 --> 00:02:47,467
No, I do not.
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- [reporter] Zero?
- Zero.
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00:02:49,102 --> 00:02:51,102
[reporter]
Sheriff Robert Hermann is getting emails
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00:02:51,138 --> 00:02:54,700
from all over the world,
some he calls "hate mail."
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00:02:54,740 --> 00:02:56,376
"Your department is as crooked
as they come.
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I hope you all rot in hell."
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00:02:58,812 --> 00:03:00,614
That I got this afternoon.
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00:03:01,348 --> 00:03:04,251
For those who think
Steven Avery didn't do it,
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00:03:04,317 --> 00:03:07,521
it comes down to one prominent attorney
famous for wrongful convictions
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00:03:07,587 --> 00:03:10,524
who says she's about to turn
this case upside-down.
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00:03:11,525 --> 00:03:14,494
[newscaster] Steven Avery
has a new high-profile lawyer.
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Kathleen Zellner is famous for exonerating
17 other men of wrongful convictions.
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[reporter] Zellner wasting no time
in criticizing former prosecutor Ken Kratz
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00:03:23,437 --> 00:03:25,772
for his role in putting Avery behind bars.
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[reporter 2] Saying, "The Zellner Law Firm
is looking forward to adding Mr. Avery
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00:03:29,509 --> 00:03:32,979
to its long list
of wrongful conviction exonerations."
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[reporter 3]
Now prosecutor Ken Kratz alleges
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00:03:35,182 --> 00:03:38,118
important evidence was left out
of the documentary.
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What is the most persuasive evidence
that the series left out?
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The DNA that was found on the hood latch
was the most persuasive.
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His sweaty hands reached
underneath the hood
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and got onto the hood latch.
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You can't plant sweat.
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00:03:55,202 --> 00:03:58,400
How do you leave that out
of the documentary?
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[reporter]
Not aired in the Netflix documentary,
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00:04:00,340 --> 00:04:03,477
DNA found inside the hood latch which,
according to Kratz,
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00:04:03,543 --> 00:04:06,146
came from the skin and sweat
of Avery's finger.
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[reporter 2] The DNA was sweat.
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00:04:08,615 --> 00:04:10,317
DNA evidence from sweat.
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Sweat DNA is not something
that you just carry around with you
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00:04:14,354 --> 00:04:15,756
and slap under the hood of a car.
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[newscaster] Prosecutor Ken Kratz says,
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"You don't want to muddy up
a perfectly good conspiracy movie
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with what actually happened."
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The main actor here, everybody believes,
is Steven Avery.
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He was convicted.
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He received a life sentence,
no possibility of parole.
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That man is right where he needs to be.
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[protestors]
Manitowoc County, take a stand!
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Don't imprison an innocent man!
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[woman] The Netflix documentary
really opened up everybody's eyes.
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I couldn't sleep, couldn't rest.
I knew something had to be done.
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We all live on Avery Road!
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00:04:49,723 --> 00:04:52,580
I don't believe in the corruption
in Manitowoc County.
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I'm 100 percent
behind the police officers.
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00:04:54,294 --> 00:04:56,530
I think if they have nothing to hide,
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00:04:57,197 --> 00:05:00,433
they would give these two guys retrials.
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[man] DNA evidence proved it,
so he's guilty.
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Simple fact.
105
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This could've happened to you
or to any of your family members.
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I'd have to kill somebody first.
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00:05:10,310 --> 00:05:12,612
The Sheriff's Department framed
these two men.
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Don't let Netflix tell you what to think!
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[chanting] We want justice!
When do we want it? Now!
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We got justice! We got...
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[theme music plays]
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[chair creaks]
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[rattling]
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[dog barks]
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I got no spark at all.
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I got no spark now at all.
117
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- Did it spark before?
- Yeah.
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With this one I did.
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All these envelopes.
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00:08:07,120 --> 00:08:09,656
[Dolores] All them letters
are good letters about the guys...
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00:08:11,910 --> 00:08:12,659
from supporters.
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00:08:14,160 --> 00:08:16,529
That he was innocent and everything else.
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And here's a...
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Some woman made this.
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"Dedicated to Steven Avery Family."
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They write, like, nice letters in it.
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Oh, this is a picture of me.
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[laughs]
129
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They call me... What they call me?
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Mama Avery.
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[chuckles]
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I told him he better be home
for Christmas, though.
133
00:09:03,777 --> 00:09:08,681
How many Christmases we all... I didn't
even make nothing the last couple years.
134
00:09:09,749 --> 00:09:10,749
What for?
135
00:09:14,621 --> 00:09:15,955
Yeah, I don’t know.
136
00:09:23,797 --> 00:09:25,765
[Steven] You know,
I never had a bad letter here.
137
00:09:27,867 --> 00:09:29,350
They're all good.
138
00:09:30,804 --> 00:09:35,175
You know, some people,
they feel really bad and sad
139
00:09:35,241 --> 00:09:37,677
that everything happened to me and...
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00:09:38,545 --> 00:09:42,248
you know, sometimes it feels like
you want to cry, but you can't.
141
00:09:44,184 --> 00:09:46,319
Once I started,
I couldn't stop reading them.
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I'd have to go to chow and then come back
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and read the rest of them.
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I'm kinda shocked sometimes, you know.
145
00:09:55,161 --> 00:09:58,598
I didn't think all of these people would
care about, you know, this little thing.
146
00:10:02,168 --> 00:10:04,700
Seems like I got the whole world for me.
147
00:10:13,120 --> 00:10:15,782
[reporter] There are still blue ribbons
and hearts made of lights
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00:10:15,849 --> 00:10:18,184
on homes and businesses
in the Hilbert-Sherwood area
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00:10:18,251 --> 00:10:20,920
where Teresa Halbach lived
and was part of the community.
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00:10:21,588 --> 00:10:24,330
[reporter 2] Those that know the Halbachs
say they are sickened
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00:10:24,570 --> 00:10:26,993
by the Netflix series
and all of the attention it is getting.
152
00:10:28,328 --> 00:10:32,966
I just can't get past
how badly I feel for her family,
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00:10:33,320 --> 00:10:35,702
I mean, with all of this coming up again
ten years later.
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And just the ultimate sadness over,
you know, the death of a person
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who had a lot to give the world
and didn't get the chance to give it.
156
00:10:46,120 --> 00:10:50,383
Now, as some are questioning the guilt
of the men convicted for killing Teresa,
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00:10:50,450 --> 00:10:54,988
her friends are trying to focus on keeping
her memory as bright as her smile.
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She really had an electricity,
or an electric personality.
159
00:11:00,193 --> 00:11:01,761
She was always smiling.
160
00:11:02,962 --> 00:11:05,162
[woman] She was the person
you wanted to be friends with
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00:11:05,198 --> 00:11:06,466
when you were in college.
162
00:11:06,533 --> 00:11:08,568
Just a really great, solid person.
163
00:11:09,636 --> 00:11:13,173
[woman 2] Just always a happy-go-lucky,
typical Midwestern girl.
164
00:11:13,239 --> 00:11:16,976
[reporter] That's how Teresa Halbach's
college friends from UW-Green Bay
165
00:11:17,430 --> 00:11:18,444
will remember her best.
166
00:11:18,511 --> 00:11:20,380
[woman] She'd come in the room
and it lit up.
167
00:11:21,948 --> 00:11:24,684
[Chris] I don't look at her
as someone that was murdered.
168
00:11:25,385 --> 00:11:28,488
I look at her as my classmate
from UW-Green Bay.
169
00:11:29,822 --> 00:11:34,494
We were all trying to get our degree
and get into the real world, I guess.
170
00:11:35,395 --> 00:11:37,397
You're not taping that, are you?
171
00:11:37,463 --> 00:11:38,464
[man laughs]
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00:11:40,990 --> 00:11:45,438
[Chris] In 2001, the Communications major
offered a class trip
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00:11:45,505 --> 00:11:47,730
to Australia and New Zealand.
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[man] Yeah.
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[woman] They're all facing
pretty much in the same direction.
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00:11:54,981 --> 00:11:57,417
[Chris]
Teresa was really into photography.
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That was her passion.
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[indistinct chatter]
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[Teresa] I love taking pictures.
180
00:12:12,999 --> 00:12:15,680
I love holding a camera in my hand.
181
00:12:16,369 --> 00:12:17,369
I love kids.
182
00:12:18,104 --> 00:12:19,305
I love babies.
183
00:12:20,707 --> 00:12:22,375
[Chris] Who knows what she would've been?
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00:12:22,442 --> 00:12:24,477
It would've been pretty exciting, I think.
185
00:12:27,313 --> 00:12:30,583
She'll never be able to advance
in her career,
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00:12:30,650 --> 00:12:35,855
have a family, spend time
with her parents, her siblings.
187
00:12:40,526 --> 00:12:41,761
Teresa's gone.
188
00:12:45,640 --> 00:12:48,501
It doesn't matter, at this point,
to our side of it,
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00:12:48,568 --> 00:12:50,303
Teresa's friends, her family.
190
00:12:51,671 --> 00:12:53,439
Do we want to see
the right person convicted?
191
00:12:53,506 --> 00:12:54,774
Yeah, I guess. But it's...
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00:12:55,642 --> 00:12:59,479
That's secondary compared
to anything else. She's gone.
193
00:12:59,545 --> 00:13:02,650
And once she's gone, there's nothing else
you can do about that.
194
00:13:15,561 --> 00:13:17,430
[Brendan] I got a lot of letters to do.
195
00:13:17,497 --> 00:13:18,598
[Brendan laughs]
196
00:13:18,931 --> 00:13:20,867
[Barb] Oh, you got a lot of them now?
197
00:13:20,933 --> 00:13:24,404
[Brendan] Yeah, the past couple days,
I've been getting 20 of them.
198
00:13:24,804 --> 00:13:25,972
[Barb] Ooh.
199
00:13:28,141 --> 00:13:30,343
[Brendan] Like, my stack is up to 38 now.
200
00:13:30,410 --> 00:13:32,211
[Barb] Ooh, you better start writing!
201
00:13:32,278 --> 00:13:33,112
[Barb laughs]
202
00:13:33,179 --> 00:13:36,349
[Brendan] That's what I'm trying to do,
but every time I try to catch up,
203
00:13:36,416 --> 00:13:38,384
I get another fucking 20 of them.
204
00:13:38,451 --> 00:13:39,719
[Barb laughs]
205
00:13:40,186 --> 00:13:42,288
[Brendan] After a while,
my hand starts to hurt.
206
00:13:44,900 --> 00:13:46,559
These are ones that we had at the protest.
207
00:13:57,470 --> 00:13:59,172
[Barb] He loves all his supporters.
208
00:14:00,239 --> 00:14:01,908
He gets anywhere from...
209
00:14:03,843 --> 00:14:06,746
thirty to a hundred letters a week.
210
00:14:08,348 --> 00:14:10,683
And that was in the beginning.
211
00:14:10,750 --> 00:14:12,752
And he's still getting that many.
212
00:14:14,787 --> 00:14:17,724
[Barb] I knew that there was
a lot of people out there that cared.
213
00:14:18,858 --> 00:14:19,992
It makes me feel good.
214
00:14:22,280 --> 00:14:23,296
I don't know, it's just...
215
00:14:23,363 --> 00:14:24,797
It makes me sad that...
216
00:14:24,864 --> 00:14:28,134
Not sad-sad; in a way, it's sad-happy.
217
00:14:28,201 --> 00:14:30,636
That people take time to do this for him.
218
00:14:31,904 --> 00:14:33,424
[Scott] Some amazing people out there.
219
00:14:34,474 --> 00:14:38,544
This blanket here was made
from a lady from Arizona for Brendan.
220
00:14:40,346 --> 00:14:43,950
Pictures of Brendan, little sayings.
221
00:14:46,719 --> 00:14:48,688
Just pictures of my sweet little angel.
222
00:15:05,238 --> 00:15:07,540
[Peter] I didn't know
what to tell everybody at the time.
223
00:15:10,143 --> 00:15:12,780
I was really afraid for him.
224
00:15:12,145 --> 00:15:15,915
I was thinking,
"Well, Brendan, did you really do it?
225
00:15:15,982 --> 00:15:18,918
I mean, you know,
you're getting put away for life.
226
00:15:18,985 --> 00:15:20,119
You know, it's..."
227
00:15:20,186 --> 00:15:23,623
[man]...Brendan R. Dassey,
guilty of second-degree sexual assault...
228
00:15:23,689 --> 00:15:25,758
[Peter] I forgot what
was going through my mind
229
00:15:25,825 --> 00:15:27,827
because I probably want to get rid of it.
230
00:15:28,861 --> 00:15:32,932
You know, but it, for sure,
wasn't really good stuff, I tell you.
231
00:15:32,999 --> 00:15:35,468
I couldn't believe
that he was even a part of it.
232
00:15:36,350 --> 00:15:39,710
Because the Brendan I know
wouldn't even pull wings off of a fly.
233
00:15:39,972 --> 00:15:43,176
He just sits in his video-game room and,
you know, leaves you alone.
234
00:15:43,242 --> 00:15:46,279
That's why I said,
"He did all these things?"
235
00:15:46,345 --> 00:15:48,881
You know, it's impossible.
236
00:15:51,217 --> 00:15:54,860
I guess they interviewed
all the rest of the boys,
237
00:15:54,153 --> 00:15:58,570
like Bobby, Bryan,
but they didn't fall for all that,
238
00:15:58,124 --> 00:15:59,926
so it didn't take them long for...
239
00:16:00,660 --> 00:16:03,663
Like, Brendan,
he's so kind of sucked in with that, so...
240
00:16:05,665 --> 00:16:09,569
He's a lot like me, a slow learner,
which I'm not saying it's bad.
241
00:16:10,970 --> 00:16:14,273
But they never really gave him a chance,
you know?
242
00:16:16,542 --> 00:16:17,810
[birds chirping]
243
00:16:20,680 --> 00:16:22,120
Yeah, I built those, and every year,
244
00:16:22,148 --> 00:16:25,952
they come and raise their babies here.
245
00:16:26,180 --> 00:16:29,255
And then, at certain times of the year...
There's one right up there now.
246
00:16:29,922 --> 00:16:31,524
See? They're going after a hawk.
247
00:16:34,160 --> 00:16:37,663
They come, in three or four months
they have their young,
248
00:16:37,730 --> 00:16:39,699
and then they go back to Brazil.
249
00:16:40,700 --> 00:16:41,700
So...
250
00:16:44,437 --> 00:16:47,607
That's a thing I've been doing for...
This is about my tenth year now.
251
00:16:56,883 --> 00:16:59,218
[Brendan] So you're coming up
Sunday afternoon then, huh?
252
00:17:01,387 --> 00:17:03,256
[Scott] No, we'll be there Sunday morning.
253
00:17:03,322 --> 00:17:05,391
[Barb] Yeah, Sunday morning sometime.
254
00:17:06,459 --> 00:17:08,227
- [Brendan] Yeah?
- [Barb] Yeah.
255
00:17:08,628 --> 00:17:10,196
[Scott] Earlier than last Sunday.
256
00:17:10,530 --> 00:17:11,531
[Brendan] Yeah?
257
00:17:13,199 --> 00:17:17,300
[Scott] We didn't get home here
until ten to seven at night.
258
00:17:17,336 --> 00:17:18,336
[Brendan] Yeah?
259
00:17:19,939 --> 00:17:21,307
He was in Green Bay,
260
00:17:22,341 --> 00:17:23,976
and they moved him back to Columbia.
261
00:17:24,430 --> 00:17:25,678
That's almost three hours away.
262
00:17:27,146 --> 00:17:29,415
So, now I don't get up there as much.
263
00:17:31,117 --> 00:17:34,200
Well, I'd like to, but with working
264
00:17:34,860 --> 00:17:38,457
and, you know, doing the stuff
around here that I gotta do,
265
00:17:39,125 --> 00:17:41,270
it's hard to get up there all the time.
266
00:18:10,122 --> 00:18:13,926
So much of post-conviction work
is emotional at this point.
267
00:18:13,993 --> 00:18:17,129
You come on board a case
at the lowest point for a person.
268
00:18:17,196 --> 00:18:18,397
They've just been convicted.
269
00:18:24,337 --> 00:18:26,706
[Laura] They're in that hole.
It's a black moment for them.
270
00:18:30,900 --> 00:18:32,612
This stuff takes years.
It can take decades.
271
00:18:32,678 --> 00:18:36,682
The fights are so long,
and they can get ugly.
272
00:18:36,749 --> 00:18:38,150
And they can be painful.
273
00:18:42,321 --> 00:18:45,791
So, you know, you have faith,
you believe in your clients.
274
00:18:46,726 --> 00:18:50,620
The truth is a really hard thing
to cover up for too long,
275
00:18:50,129 --> 00:18:52,665
especially in a case like this
where it's just sitting there.
276
00:18:52,732 --> 00:18:55,167
The truth is just sitting there
on the interrogation tape.
277
00:18:55,234 --> 00:18:58,738
All you have to do is persuade someone
to take that close and careful look at it.
278
00:19:05,945 --> 00:19:09,480
The deeper we get into this system,
279
00:19:09,115 --> 00:19:14,520
the more losses that we accrue,
the harder it is to win.
280
00:19:17,223 --> 00:19:22,280
[Drizin] We lost in the state trial court
in front of Judge Fox.
281
00:19:23,362 --> 00:19:26,165
We lost in the appellate court.
282
00:19:28,100 --> 00:19:32,304
We hoped the Wisconsin Supreme Court
would take the case.
283
00:19:34,400 --> 00:19:39,412
The judge who's now looking at the case
has to overturn the decisions
284
00:19:39,478 --> 00:19:41,470
of more other judges.
285
00:19:43,916 --> 00:19:45,818
[Laura] When a petitioner
like Brendan Dassey
286
00:19:45,885 --> 00:19:49,155
files a petition
for a writ of habeas corpus,
287
00:19:49,221 --> 00:19:51,891
he's asking a federal court to review
288
00:19:51,957 --> 00:19:57,163
the way the state court applied
the US Constitution to his case.
289
00:19:59,999 --> 00:20:03,102
What's important to understand
about the federal court system,
290
00:20:03,169 --> 00:20:04,937
which is where Brendan's case is now,
291
00:20:05,671 --> 00:20:11,410
is that there is no federal right
not to be in prison if you're innocent,
292
00:20:11,477 --> 00:20:14,246
which is incredible but true.
293
00:20:15,140 --> 00:20:17,216
Somebody like Brendan
can't walk into federal court
294
00:20:17,283 --> 00:20:19,652
and simply say,
"Here's evidence that I'm innocent.
295
00:20:19,719 --> 00:20:21,787
Here's evidence
that I didn't do this crime."
296
00:20:21,854 --> 00:20:24,623
You can't even walk in and say,
"Here's who did do this crime."
297
00:20:26,125 --> 00:20:30,396
Instead, we have the show federal court
that the Constitution was violated
298
00:20:30,463 --> 00:20:32,465
during Brendan's prosecution.
299
00:20:32,531 --> 00:20:34,233
That's how we get a new trial.
300
00:20:38,370 --> 00:20:41,474
[Laura] We've asked the federal court
to focus on two things in particular.
301
00:20:42,775 --> 00:20:45,711
The first claim we're making
is that Brendan's interrogation
302
00:20:45,778 --> 00:20:48,800
and the confession was involuntary.
303
00:20:48,147 --> 00:20:51,684
That is, it was taken in violation
of Brendan's Fifth Amendment rights
304
00:20:51,751 --> 00:20:54,153
because he was coerced into confessing
305
00:20:54,220 --> 00:20:57,123
to the murder and rape of Teresa Halbach
by police.
306
00:20:58,724 --> 00:21:00,292
[indistinct chatter]
307
00:21:00,359 --> 00:21:02,261
The second claim
we're making in federal court
308
00:21:02,328 --> 00:21:05,131
is that Brendan's
Sixth Amendment right to counsel
309
00:21:05,197 --> 00:21:07,733
was violated by the actions
of Len Kachinsky.
310
00:21:09,935 --> 00:21:13,305
That his actions so violated
the sacred duties
311
00:21:13,372 --> 00:21:15,641
that an attorney owes his client,
312
00:21:15,708 --> 00:21:19,478
essentially, that it was like
Brendan Dassey had no lawyer at all.
313
00:21:19,545 --> 00:21:21,313
- [reporter] Hello, Len.
- Hi.
314
00:21:21,380 --> 00:21:23,150
- Here we are for you.
- OK.
315
00:21:25,751 --> 00:21:27,820
- Everybody good?
- [man] Good.
316
00:21:27,887 --> 00:21:29,155
- [man 2] All set?
- [man] Yeah.
317
00:21:29,588 --> 00:21:31,123
[reporter] What are your thoughts?
318
00:21:31,190 --> 00:21:33,192
Well, we're disappointed in, uh...
319
00:21:33,826 --> 00:21:34,826
uh...
320
00:21:35,795 --> 00:21:37,530
We're, uh... Start over.
321
00:21:38,631 --> 00:21:40,633
We're disappointed in Judge Fox's ruling.
322
00:21:40,699 --> 00:21:42,340
I guess we'll take, uh...
323
00:21:42,101 --> 00:21:44,170
You take a case the way the facts come in,
324
00:21:44,236 --> 00:21:48,908
and Brendan and I will be discussing
the various options we've got in this case
325
00:21:48,974 --> 00:21:50,242
sometime next week.
326
00:21:50,309 --> 00:21:51,243
As a defense attorney,
327
00:21:51,310 --> 00:21:54,130
how many confession cases
have you won that have gone to trial?
328
00:21:54,790 --> 00:21:55,447
[laughs]
329
00:21:55,514 --> 00:21:57,149
Actually, I have won a few,
330
00:21:57,950 --> 00:22:01,554
although never with
a videotaped confession.
331
00:22:01,620 --> 00:22:05,524
So, uh, since the judge ruled
it's admissible,
332
00:22:05,591 --> 00:22:08,930
it would be very strong evidence
333
00:22:08,160 --> 00:22:11,263
that I'm sure a jury would find
quite believable,
334
00:22:11,330 --> 00:22:15,467
as it's right there on tape,
the whole thing,
335
00:22:15,534 --> 00:22:20,139
and it's clear that it wasn't the result
of any intimidation type of tactics
336
00:22:20,206 --> 00:22:21,540
by law enforcement.
337
00:22:21,607 --> 00:22:23,742
We filed our petition
for a writ of habeas corpus
338
00:22:23,809 --> 00:22:25,244
in front of a magistrate judge.
339
00:22:25,311 --> 00:22:31,317
He's the man who will review the way
the state court handled Brendan's case.
340
00:22:33,352 --> 00:22:35,621
There is no deadline
for the court to rule.
341
00:22:35,688 --> 00:22:37,456
We could have a decision tomorrow,
342
00:22:37,523 --> 00:22:39,592
or we could have a decision
a year from now.
343
00:23:03,115 --> 00:23:06,218
Dean Strang actually made an appearance
at the Minnesota State Capitol today.
344
00:23:06,285 --> 00:23:10,890
Later tonight, he's gonna be speaking
to a sold-out audience in Minneapolis.
345
00:23:10,155 --> 00:23:14,293
The value to me of the documentary,
or of any book about the case,
346
00:23:14,360 --> 00:23:17,529
ought to be asking bigger questions.
347
00:23:17,596 --> 00:23:21,467
The things that seem to outrage people
and the questions that we've gotten
348
00:23:21,533 --> 00:23:23,736
are things that Dean and I
have talked about for years.
349
00:23:23,802 --> 00:23:26,939
But most people haven't been interested
in hearing about them until now.
350
00:23:27,600 --> 00:23:31,443
[Dean] When we don't have confidence
in the workings of the system,
351
00:23:31,510 --> 00:23:35,614
I think we have an obligation
to try to work towards a system
352
00:23:35,681 --> 00:23:37,316
that makes fewer mistakes.
353
00:23:37,383 --> 00:23:39,285
Yeah. How do you do that?
354
00:23:39,952 --> 00:23:41,860
You talk about it.
355
00:23:44,223 --> 00:23:48,661
The legal defense team featured
in the Netflix series Making a Murderer
356
00:23:48,727 --> 00:23:50,796
is going on tour across the country.
357
00:23:51,697 --> 00:23:54,377
[Jerry] We were talking at one point,
and said, "Wouldn't it be good
358
00:23:54,433 --> 00:23:58,370
if we could have some kind of a forum
where we could actually let people
359
00:23:59,400 --> 00:24:01,240
engage in a real conversation about this?"
360
00:24:01,573 --> 00:24:05,611
And so the idea
of a speaking tour came up.
361
00:24:05,678 --> 00:24:08,180
"A Conversation on Making a Murderer"
362
00:24:08,247 --> 00:24:10,516
with attorneys Dean Strang
and Jerry Buting.
363
00:24:10,582 --> 00:24:12,618
[newscaster]
"A Conversation on Making a Murderer"
364
00:24:12,685 --> 00:24:14,820
is booking theaters across the country.
365
00:24:15,587 --> 00:24:18,290
[Dean] It's a chance to reach hundreds,
366
00:24:18,357 --> 00:24:20,759
or even thousands,
of people on a given evening
367
00:24:20,826 --> 00:24:25,397
and to speak unedited at some length
about how justice is administered,
368
00:24:25,464 --> 00:24:29,501
especially to those
who don't have many advantages.
369
00:24:29,568 --> 00:24:34,730
As good as
America's system of justice is on paper,
370
00:24:34,840 --> 00:24:39,545
in practice, it falls very short
of the ideals that it's based on.
371
00:24:40,212 --> 00:24:42,614
And it doesn't have to be that way.
372
00:24:42,681 --> 00:24:46,218
If people really take ownership of it,
they can make a difference.
373
00:24:47,353 --> 00:24:50,322
[woman] How confident are you
that Avery will ever be a free man again?
374
00:24:51,957 --> 00:24:56,610
You know, we're not directly involved
in representing him at this point,
375
00:24:56,128 --> 00:24:58,330
but I remain optimistic.
376
00:25:25,257 --> 00:25:29,695
WhenSteven found out that
the Supreme Court had denied his case,
377
00:25:29,762 --> 00:25:32,765
that they wouldn't even look at it,
he was totally devastated.
378
00:25:33,332 --> 00:25:35,401
I've never seen him so down.
379
00:25:45,844 --> 00:25:48,447
[Sandy] He lost his lawyers,
he lost everything.
380
00:25:50,215 --> 00:25:52,818
This was 2011.
He'd been there all that time.
381
00:25:54,386 --> 00:25:56,588
That's when the law library stuff started,
382
00:25:56,655 --> 00:25:58,791
where he was going to get himself out.
383
00:25:58,857 --> 00:26:01,560
He said, "I had to do it the first time,
and I'll do it again."
384
00:26:03,829 --> 00:26:06,999
He was on his own,
doing everything by himself,
385
00:26:07,666 --> 00:26:10,269
and I knew he needed a lawyer to help him.
386
00:26:12,337 --> 00:26:16,608
I started a very extensive search
for a lawyer
387
00:26:16,675 --> 00:26:19,178
that would take a post-conviction case.
388
00:26:19,244 --> 00:26:22,140
I didn't even say the name
in the beginning
389
00:26:22,810 --> 00:26:24,783
because nobody wanted that case.
390
00:26:25,717 --> 00:26:27,186
Most of them thought he was guilty.
391
00:26:27,753 --> 00:26:29,688
I don't think
there was anybody that didn't.
392
00:26:30,489 --> 00:26:33,659
[Steven] I wrote to a lot of lawyers
in that time period.
393
00:26:33,725 --> 00:26:36,528
Some I got a response and some I didn't.
394
00:26:36,595 --> 00:26:40,232
And some I just got the letter back.
They don't even want to open it.
395
00:26:42,134 --> 00:26:44,236
[Sandy] He was in a pretty dark place.
396
00:26:48,173 --> 00:26:52,744
I know he said many times,
"No one's ever going to know the truth.
397
00:26:52,811 --> 00:26:56,482
They're always going to believe
what they think I did."
398
00:27:02,321 --> 00:27:04,656
[Steven] And then I seen a commercial
399
00:27:06,458 --> 00:27:10,429
on Dateline,
on innocent people in prison.
400
00:27:10,496 --> 00:27:13,632
It looked good, so I watched it.
401
00:27:15,634 --> 00:27:17,350
That's when I seen Kathleen.
402
00:27:18,337 --> 00:27:20,500
I told Sandy to watch it.
403
00:27:20,672 --> 00:27:24,810
I watched it, and I said right out loud
in my living room,
404
00:27:24,877 --> 00:27:27,546
"That's the person
that's going to get Steven out."
405
00:27:28,213 --> 00:27:31,150
[Steven] I never heard of a lawyer
who's got so many people out.
406
00:27:31,750 --> 00:27:34,653
That convinced me to get her paperwork
on her law firm.
407
00:27:36,655 --> 00:27:38,590
[Sandy] This is one
that takes them pro bono.
408
00:27:38,657 --> 00:27:39,958
This is what she does.
409
00:27:40,592 --> 00:27:42,261
And I was so excited.
410
00:27:44,296 --> 00:27:46,431
And that's when he told me,
you know, "Get her."
411
00:27:46,498 --> 00:27:48,600
I remember the words. "Get her."
412
00:27:48,667 --> 00:27:49,568
[laughs]
413
00:27:49,635 --> 00:27:55,474
And that's when I wrote the first letter,
which was in January of 2012.
414
00:27:56,275 --> 00:27:58,430
I don't think I stopped after that.
415
00:27:58,977 --> 00:28:00,812
[Steven] I wrote her, and wrote her.
416
00:28:00,879 --> 00:28:02,281
Then Sandy wrote her.
417
00:28:05,384 --> 00:28:07,920
With a good lawyer like that,
you know, it takes a while
418
00:28:07,986 --> 00:28:09,870
because you're always busy.
419
00:28:10,155 --> 00:28:14,660
I remember sending her emails saying,
"Just wonder if you could just answer me,
420
00:28:14,726 --> 00:28:17,462
if you could just tell me yes or no."
421
00:28:18,197 --> 00:28:21,967
[Steven] She won the case,
what she had on the TV.
422
00:28:22,768 --> 00:28:24,690
She got it overturned.
423
00:28:24,136 --> 00:28:26,138
[cheers and applause]
424
00:28:27,239 --> 00:28:29,975
I always had a good feeling about her.
425
00:28:30,842 --> 00:28:32,444
And I never got off of that.
426
00:28:35,514 --> 00:28:39,318
[Sandy] And then there was the day
that I got the email from her.
427
00:28:39,384 --> 00:28:41,787
She had watched the documentary
428
00:28:41,853 --> 00:28:45,891
and she said that she thought
she was the best one for the case.
429
00:28:45,958 --> 00:28:49,661
I thought, "Well, duh. I've been trying
to say this for four years."
430
00:28:51,290 --> 00:28:53,232
Four years lost just went away.
431
00:28:53,298 --> 00:28:55,701
I couldn't wait to get to the prison.
432
00:28:55,767 --> 00:28:58,637
And I remember sitting down with him
and I said,
433
00:28:58,704 --> 00:29:02,740
"Just don't even say anything.
Don't even talk to me.
434
00:29:02,140 --> 00:29:03,909
I just want to say one thing.
435
00:29:04,309 --> 00:29:06,245
Kathleen Zellner wants your case."
436
00:29:07,790 --> 00:29:08,580
[Steven] I was a happy camper.
437
00:29:09,915 --> 00:29:11,850
She's the best lawyer that I ever seen.
438
00:29:33,105 --> 00:29:35,705
[reporter] Reaching out from jail,
his attorney, Kathleen Zellner,
439
00:29:35,741 --> 00:29:38,443
tweeting this handwritten note
after meeting with Avery.
440
00:29:38,510 --> 00:29:41,947
"To my supporters,
I want every forensic test possible done
441
00:29:42,140 --> 00:29:43,982
because I am innocent."
442
00:29:44,983 --> 00:29:47,286
[Steven] You know, I was
all by myself doing this stuff.
443
00:29:49,254 --> 00:29:53,859
I couldn't do hardly no investigation
or have testing done.
444
00:29:54,693 --> 00:29:57,763
When I wrote the labs,
they tell me that they can't get involved
445
00:29:57,829 --> 00:29:59,131
because I need an attorney.
446
00:30:01,800 --> 00:30:04,536
So that brought my spirits way up...
447
00:30:06,471 --> 00:30:08,707
because she can do all of that
and I couldn't.
448
00:30:15,480 --> 00:30:20,419
I knew she had 17 people
that she got overturned.
449
00:30:29,795 --> 00:30:31,229
I'll be number 18, then.
450
00:30:32,664 --> 00:30:34,266
And she can keep on going.
451
00:30:38,603 --> 00:30:42,700
I told Steven Avery
the same thing I tell everyone.
452
00:30:42,740 --> 00:30:44,509
If you hire me and you're guilty,
453
00:30:44,576 --> 00:30:47,746
trust me, I'll do a way better job
than the prosecutors.
454
00:30:47,813 --> 00:30:50,582
I will find out if you are guilty.
455
00:30:50,649 --> 00:30:54,190
And we're gonna do testing.
We can't control the results.
456
00:30:54,860 --> 00:30:56,455
The results will be turned over
to both sides.
457
00:30:56,855 --> 00:30:59,291
So, really think about this.
458
00:30:59,358 --> 00:31:05,464
You would have to be an idiot to be
hiring me to prove that you're guilty.
459
00:31:06,980 --> 00:31:09,670
We begin tonight with the confessions
of a serial killer.
460
00:31:09,134 --> 00:31:12,300
Tomorrow, the attorney
for murderer Larry Eyler
461
00:31:12,700 --> 00:31:15,907
will reveal his secrets and his roles
in many unsolved murders.
462
00:31:15,974 --> 00:31:19,845
Eyler died this weekend in prison
from complications of AIDS.
463
00:31:19,911 --> 00:31:21,713
[newscaster] His attorney,
Kathleen Zellner,
464
00:31:21,780 --> 00:31:23,181
has scheduled a news conference
465
00:31:23,248 --> 00:31:27,552
to reveal Eyler's written confessions
and details of unsolved killings.
466
00:31:29,921 --> 00:31:32,391
[Kathleen] I was really good
at gathering new evidence,
467
00:31:32,457 --> 00:31:35,761
and I'd uncovered
a constitutional violation
468
00:31:35,827 --> 00:31:38,163
that was going to reverse the case.
469
00:31:39,300 --> 00:31:41,967
And it was the only murder
he'd been convicted of.
470
00:31:43,668 --> 00:31:47,272
That was disconcerting to me,
that I could be...
471
00:31:48,390 --> 00:31:53,678
My abilities could be used
to potentially free someone
472
00:31:53,745 --> 00:31:55,680
who's killed 21 people.
473
00:31:58,450 --> 00:32:00,552
[reporter]
Eyler was sentenced to death in 1986
474
00:32:00,619 --> 00:32:02,487
for the grisly murder of a Chicago boy.
475
00:32:02,554 --> 00:32:05,457
[reporter 2] Four years ago, he offered
to confess to other murders
476
00:32:05,524 --> 00:32:07,692
in exchange for the death sentence
to be commuted
477
00:32:07,759 --> 00:32:10,762
to a life sentence
with the possibility of parole.
478
00:32:11,530 --> 00:32:14,320
There were murders in nine jurisdictions,
479
00:32:14,990 --> 00:32:19,504
so my plan, uh, was to make deals
480
00:32:19,571 --> 00:32:21,506
in exchange for the confessions,
481
00:32:21,573 --> 00:32:26,912
because this was somebody extremely smart
that they had no evidence.
482
00:32:26,978 --> 00:32:29,481
They were never gonna close the cases.
483
00:32:31,583 --> 00:32:36,210
I ended up getting
21 detailed confessions.
484
00:32:36,870 --> 00:32:38,156
We did it very piecemeal.
485
00:32:38,757 --> 00:32:43,940
I mean, it was just torturous
trying to get these confessions from him.
486
00:32:43,995 --> 00:32:47,466
[reporter] Commute the sentence,
and he'd admit to 20 other killings.
487
00:32:48,330 --> 00:32:50,335
Only the state's attorney refused a deal.
488
00:32:50,402 --> 00:32:54,773
So Eyler told only his lawyer,
and she could not speak while he lived.
489
00:32:55,407 --> 00:32:58,610
[reporter 2] It was a secret she
was forced to keep for three long years
490
00:32:58,677 --> 00:33:01,790
because of attorney-client privilege.
491
00:33:02,914 --> 00:33:07,652
I had talked to Eyler about giving me
permission when he died,
492
00:33:07,719 --> 00:33:10,388
because he knew he was dying,
I knew he was dying,
493
00:33:11,122 --> 00:33:13,580
to release the confessions.
494
00:33:13,124 --> 00:33:16,610
They were offered liquor and drugs
and money.
495
00:33:17,229 --> 00:33:19,264
They were driven to remote areas.
496
00:33:19,331 --> 00:33:22,300
When he was gone, it was a relief.
497
00:33:24,200 --> 00:33:25,200
You know?
498
00:33:25,837 --> 00:33:30,308
And I was glad to be able
to tell these families,
499
00:33:31,209 --> 00:33:33,478
you know, give them that information.
500
00:33:34,212 --> 00:33:39,500
Daniel Scott McNeive,
Indianapolis, age 21,
501
00:33:39,117 --> 00:33:41,820
May 9, 1983.
502
00:33:41,887 --> 00:33:44,856
Those are the murders committed
by Larry Eyler alone.
503
00:33:45,957 --> 00:33:51,830
Larry Eyler murdered four victims
with an accomplice.
504
00:33:53,640 --> 00:33:57,802
I really didn't want to do
another case like that,
505
00:33:57,869 --> 00:34:02,207
and I didn't want to represent anyone
that was guilty.
506
00:34:10,480 --> 00:34:11,316
[tires screech]
507
00:34:11,383 --> 00:34:13,685
[Kathleen] When I became
Steven Avery's attorney,
508
00:34:13,752 --> 00:34:15,320
it didn't take me very long to realize
509
00:34:15,387 --> 00:34:19,691
that I had to buy the same vehicle
that Teresa had
510
00:34:19,758 --> 00:34:24,863
because so much of the evidence
was concerned with the car.
511
00:34:30,869 --> 00:34:33,538
I think the bloodstains in the car
512
00:34:33,605 --> 00:34:37,776
are probably the biggest piece of evidence
against Steven Avery
513
00:34:37,842 --> 00:34:39,440
in the whole case.
514
00:34:40,780 --> 00:34:41,846
How does your DNA get inside of her truck?
515
00:34:42,280 --> 00:34:45,450
My DNA ain't.
That's because they got blood out of me.
516
00:34:46,418 --> 00:34:48,720
How much blood they got out of me?
A lot of blood.
517
00:34:48,787 --> 00:34:50,855
- Steve.
- They got a lot of blood out of me.
518
00:34:50,922 --> 00:34:53,825
- The sheriff...
- Steve. Come back to reality here.
519
00:34:53,892 --> 00:34:55,260
- I am.
- No, you're not.
520
00:34:55,327 --> 00:34:57,796
I did 18 years.
You think I want to do any more?
521
00:34:58,463 --> 00:35:02,901
Steven Avery told investigators
during a taped interview
522
00:35:03,768 --> 00:35:08,273
that he had never been
in Teresa Halbach's vehicle.
523
00:35:09,441 --> 00:35:10,909
We now know that's a lie.
524
00:35:12,444 --> 00:35:16,281
Because DNA evidence from the suspect,
Steven Avery,
525
00:35:16,948 --> 00:35:19,117
was found on the key,
526
00:35:19,184 --> 00:35:24,456
and Mr. Avery's blood is found inside
of Teresa Halbach's vehicle,
527
00:35:25,590 --> 00:35:28,259
it is no longer a question,
at least in my mind
528
00:35:28,326 --> 00:35:30,328
as the special prosecutor in this case,
529
00:35:30,695 --> 00:35:34,799
who is responsible for the death
of Teresa Halbach.
530
00:35:39,404 --> 00:35:42,307
To have your blood in the car, it's huge,
531
00:35:42,374 --> 00:35:46,311
so I wanted to spend a lot of time on it
and I wanted to do a bunch of experiments.
532
00:35:47,812 --> 00:35:49,848
I've consulted with Stuart James.
533
00:35:49,914 --> 00:35:53,284
He's a very well-known
bloodstain pattern expert.
534
00:35:53,351 --> 00:35:56,821
I've sent him all the photographs
to analyze.
535
00:35:57,822 --> 00:36:03,328
Now, this stain is supposed to have come
from Steven's finger,
536
00:36:03,395 --> 00:36:05,463
from that cut, OK?
537
00:36:05,530 --> 00:36:10,502
So, the person would have to have
swiped that middle finger
538
00:36:10,568 --> 00:36:13,938
across this area of...
539
00:36:14,439 --> 00:36:16,908
Well, if you got some of the blood
drain down
540
00:36:16,975 --> 00:36:18,710
or flow down to the finger,
541
00:36:18,777 --> 00:36:21,179
uh, then that would be the object.
542
00:36:21,680 --> 00:36:23,948
It would not necessarily be
the cut itself.
543
00:36:24,416 --> 00:36:25,250
See what I'm saying?
544
00:36:25,316 --> 00:36:28,920
Right, because it could have run down
to the tip of his finger, say.
545
00:36:28,987 --> 00:36:33,558
Because if the cut was actively bleeding
and he touched that,
546
00:36:33,625 --> 00:36:36,494
you're gonna see, I believe,
a higher volume.
547
00:36:36,561 --> 00:36:39,297
You would get, maybe,
a little flow pattern coming down.
548
00:36:39,364 --> 00:36:42,467
Concentrated to the tip
and then wipe it across.
549
00:36:42,534 --> 00:36:45,503
However, was there any blood
on the key itself,
550
00:36:45,570 --> 00:36:46,771
the key that was recovered?
551
00:36:46,838 --> 00:36:50,308
There was no detectable blood on the key.
552
00:36:50,375 --> 00:36:52,343
Nothing on the key.
What about the steering wheel?
553
00:36:52,410 --> 00:36:54,212
No blood on the steering wheel.
554
00:36:54,879 --> 00:36:56,214
Well, that's...
555
00:36:56,281 --> 00:37:00,510
No blood on the door handle
getting into the car.
556
00:37:00,118 --> 00:37:01,886
Well, how can it be said,
557
00:37:01,953 --> 00:37:03,955
I think I read it in some testimony,
558
00:37:04,220 --> 00:37:06,591
that that would be consistent
with an active source of bleeding,
559
00:37:06,658 --> 00:37:07,792
that little stain?
560
00:37:07,859 --> 00:37:09,794
And yet there's no blood
on the steering wheel
561
00:37:10,295 --> 00:37:12,163
and no blood on the exterior door handle.
562
00:37:12,230 --> 00:37:15,233
The gearshift level,
after you put the key in and start it,
563
00:37:15,300 --> 00:37:17,220
- you would have to...
- And the gearshift level?
564
00:37:17,268 --> 00:37:19,838
- The gearshift is right there.
- No blood on the gearshift.
565
00:37:20,672 --> 00:37:23,108
It doesn't make sense
that it's an active source of bleeding.
566
00:37:23,742 --> 00:37:28,613
Mr. Avery's blood is
in six different places in this vehicle.
567
00:37:28,680 --> 00:37:33,510
Other DNA that is without blood
being visible
568
00:37:33,118 --> 00:37:34,786
is in yet another.
569
00:37:34,853 --> 00:37:36,454
That would be the hood latch.
570
00:37:36,521 --> 00:37:41,726
We heard some questions
of some law enforcement officers
571
00:37:41,793 --> 00:37:44,529
about planting evidence.
572
00:37:44,596 --> 00:37:47,565
We didn't hear anything
about how an officer
573
00:37:47,632 --> 00:37:50,435
might plant a stain like this,
574
00:37:50,502 --> 00:37:54,380
what's called a contact stain,
575
00:37:54,105 --> 00:37:59,778
which common sense would tell you
requires active bleeding.
576
00:37:59,844 --> 00:38:03,748
Mr. Stahlke testified that,
upon his opinion
577
00:38:03,815 --> 00:38:09,454
as a blood spatter expert,
and he does this for a living,
578
00:38:10,188 --> 00:38:15,260
that this particular stain by the ignition
is absolutely consistent
579
00:38:15,693 --> 00:38:19,264
with somebody with a cut
to the outside of the right hand
580
00:38:19,330 --> 00:38:21,366
and turning an ignition.
581
00:38:21,432 --> 00:38:22,867
This transfer,
582
00:38:22,934 --> 00:38:27,739
contact transfer stain,
was absolutely consistent.
583
00:38:28,473 --> 00:38:31,776
Given the location of these six areas,
584
00:38:31,843 --> 00:38:37,248
including the CD case, the two seats,
the flakes in front of the seat,
585
00:38:37,315 --> 00:38:41,820
and on the area adjacent to the ignition,
and then the rear one,
586
00:38:42,353 --> 00:38:44,656
given these separate locations,
587
00:38:44,722 --> 00:38:48,593
it's inexplicable how
an actively bleeding person...
588
00:38:48,660 --> 00:38:49,494
Exactly.
589
00:38:49,561 --> 00:38:51,763
...could go about and produce all these...
590
00:38:51,830 --> 00:38:54,465
- [Kathleen] Selective depositing of blood.
- Selective placement.
591
00:38:54,532 --> 00:38:56,134
You're saying the dots aren't connected.
592
00:38:56,201 --> 00:38:58,360
The dots are far from connected.
593
00:38:58,102 --> 00:38:59,470
The dots aren't connected.
594
00:38:59,537 --> 00:39:02,970
- [Larry] They're in different books.
- They should be connected.
595
00:39:02,674 --> 00:39:05,376
[Kathleen] So, his hands are
extremely similar to Steven's.
596
00:39:05,443 --> 00:39:09,180
So, we've got the cut right here.
Same thickness, same... Yeah.
597
00:39:09,247 --> 00:39:11,482
Not like your hands.
Your hands don't match his at all.
598
00:39:11,950 --> 00:39:15,386
- So, what I want to do is drip...
- I'm sorry, I am...
599
00:39:15,453 --> 00:39:18,389
- Just have some blood right there.
- Alright.
600
00:39:19,624 --> 00:39:21,590
[Stuart] Where was the cut? Inside?
601
00:39:21,125 --> 00:39:24,262
[Kathleen] It's right here
on the first joint. It's right there.
602
00:39:24,329 --> 00:39:25,609
[Stuart] OK, let's just do this.
603
00:39:28,533 --> 00:39:29,533
[Kathleen] OK.
604
00:39:30,335 --> 00:39:32,246
- [Stuart] How's that?
- [Kathleen] Yeah, perfect.
605
00:39:32,270 --> 00:39:34,105
And we can have him open the car up,
606
00:39:34,172 --> 00:39:36,774
and let's just see if there's any blood
when you do that.
607
00:39:41,112 --> 00:39:44,983
[Kathleen] I don't know if we can see it.
It's probably underneath, right?
608
00:39:45,490 --> 00:39:46,384
[Stuart] Here, what if I do this?
609
00:39:47,252 --> 00:39:48,532
[Kathleen] Yeah, up under the...
610
00:39:49,254 --> 00:39:50,254
Hard to see it.
611
00:39:51,189 --> 00:39:52,490
If you can just pick the key up.
612
00:39:52,557 --> 00:39:55,226
So, you're right-handed,
so you'll have it in your right hand.
613
00:39:56,361 --> 00:39:59,831
So, let's see if there'd be any way
you would make that smear.
614
00:40:00,231 --> 00:40:01,799
[engine starts]
615
00:40:01,866 --> 00:40:04,200
Yeah. You didn't even touch it.
616
00:40:04,680 --> 00:40:06,504
Let's see if you touch the gearshift.
617
00:40:08,273 --> 00:40:11,420
Yeah, he's not gonna move it,
but he left a big smear right there.
618
00:40:11,109 --> 00:40:12,109
Do you see it?
619
00:40:12,543 --> 00:40:15,914
Why don't we try it again
with a little bit more blood?
620
00:40:17,749 --> 00:40:18,749
[Stuart] OK.
621
00:40:20,184 --> 00:40:21,653
[starts engine]
622
00:40:21,719 --> 00:40:24,389
[Kathleen] So, again,
you don't come anywhere near that spot.
623
00:40:25,189 --> 00:40:26,824
Yeah, see? On the...
624
00:40:27,125 --> 00:40:29,460
Yeah, look at it,
on the side of the wheel.
625
00:40:30,495 --> 00:40:33,531
Oh, look, it's on here on the ring now.
See the silver?
626
00:40:33,598 --> 00:40:36,100
- [Nick] Yeah. That's not surprising.
- [Kathleen] OK. Yeah.
627
00:40:37,402 --> 00:40:42,240
[Kathleen] The blood is all over
on the silver and on the key itself.
628
00:40:42,307 --> 00:40:45,760
Yeah, look, it's over...
If you hold the light for a minute.
629
00:40:45,143 --> 00:40:46,143
See where the...
630
00:40:46,511 --> 00:40:47,412
Right in there.
631
00:40:47,478 --> 00:40:51,249
These are all places
where they found no blood, you know?
632
00:40:51,316 --> 00:40:52,183
[Nick] Right.
633
00:40:52,250 --> 00:40:53,818
[Kathleen] Another thing we could do...
634
00:40:53,885 --> 00:40:56,788
There's a release latch over on the right,
635
00:40:56,854 --> 00:40:58,756
and then I'll show you how
to open the hood.
636
00:41:00,425 --> 00:41:02,794
Now we do right hand on the prop. Yeah.
637
00:41:05,129 --> 00:41:06,931
Stuart, it's really amazing.
638
00:41:06,998 --> 00:41:08,718
- [Stuart] Sorry?
- [Kathleen] Look at that.
639
00:41:08,833 --> 00:41:11,979
- There's also some on the metal latch.
- [Kathleen] Look at that blob of blood.
640
00:41:12,300 --> 00:41:13,300
[Stuart] Yep.
641
00:41:16,740 --> 00:41:21,913
The prosecution presented testimony
that when Steven turned the ignition key,
642
00:41:22,347 --> 00:41:26,217
that the cut on the first joint
of his middle finger
643
00:41:26,284 --> 00:41:30,888
had made the blood pattern stain
by the ignition
644
00:41:30,955 --> 00:41:34,459
and that he'd done that naturally
as part of turning the key.
645
00:41:34,525 --> 00:41:37,328
Well, that's ludicrous
because once you get in the car
646
00:41:37,395 --> 00:41:40,498
and you put the ignition key in
and you turn it,
647
00:41:40,565 --> 00:41:42,467
you're two inches from that stain.
648
00:41:42,533 --> 00:41:44,402
That is not how it happened.
649
00:41:44,469 --> 00:41:45,970
I don't... You could get in that car
650
00:41:46,370 --> 00:41:48,439
and do that a thousand times
with blood on your finger,
651
00:41:48,506 --> 00:41:51,109
and you will never create that mark.
652
00:41:51,175 --> 00:41:52,343
So, what does that tell me?
653
00:41:52,410 --> 00:41:54,312
Once I uncover one lie like that,
654
00:41:54,379 --> 00:41:57,749
I know there's a whole bunch
more lying going on.
655
00:41:57,815 --> 00:42:02,353
Because no legitimate, honest prosecution
would ever resort to that.
656
00:42:02,653 --> 00:42:04,255
So, when Kratz says in the closing,
657
00:42:04,322 --> 00:42:07,425
"It doesn't matter if the key was planted.
We've got so much else."
658
00:42:07,492 --> 00:42:10,610
Oh, yeah? Yeah, it matters, you know.
659
00:42:10,128 --> 00:42:13,698
Because a whole case can collapse
on one piece of evidence.
660
00:42:13,765 --> 00:42:15,199
But once I saw that, I thought,
661
00:42:15,266 --> 00:42:18,569
"You know, all of this blood testimony
is just a complete lie."
662
00:42:36,187 --> 00:42:39,590
[Norm] Would you look at the next exhibit?
Identify it, please.
663
00:42:40,391 --> 00:42:41,726
Exhibit 299.
664
00:42:42,493 --> 00:42:45,630
[Stahlke] This is the rear door
of the RAV4.
665
00:42:45,696 --> 00:42:49,734
This is the interior panel of that door.
666
00:42:50,680 --> 00:42:52,103
[Norm] And do you observe
any bloodstain patterns
667
00:42:52,170 --> 00:42:55,339
on the interior panel
of the rear cargo door area?
668
00:42:55,406 --> 00:42:56,240
Yes, I did.
669
00:42:56,307 --> 00:42:58,270
[Norm] Please describe those
for the jurors.
670
00:42:58,760 --> 00:43:00,244
[Stahlke] You can see here,
these are impact stains.
671
00:43:00,311 --> 00:43:02,780
They're circular, or near-circular.
672
00:43:02,847 --> 00:43:06,584
And then some of these stains
have a flow pattern.
673
00:43:07,218 --> 00:43:10,121
[Norm] Were you able to determine
how those would be deposited,
674
00:43:10,188 --> 00:43:12,990
the ones that you observed,
the impact stains with the flow pattern?
675
00:43:13,624 --> 00:43:16,600
These stains... or this blood was...
676
00:43:16,127 --> 00:43:20,131
appeared to have been flung off
or released from a bloody object.
677
00:43:22,366 --> 00:43:25,203
Would that be consistent with a body,
678
00:43:25,269 --> 00:43:29,207
with bloody hair being put
into the back of this vehicle?
679
00:43:30,541 --> 00:43:31,375
Yes, it would.
680
00:43:31,442 --> 00:43:32,743
And in this particular case,
681
00:43:32,810 --> 00:43:38,516
these stains don't necessarily require
the bloody hair component.
682
00:43:38,583 --> 00:43:44,388
However, it is consistent
with a bloody object, such as a body,
683
00:43:44,455 --> 00:43:47,225
being loaded into the rear end
of this vehicle.
684
00:43:51,996 --> 00:43:54,465
If you have a bloody object or person
685
00:43:54,532 --> 00:43:58,136
that’s being flung parallel
to that door...
686
00:43:58,836 --> 00:44:02,140
in this case,
from outside to inside the cargo door...
687
00:44:02,573 --> 00:44:05,143
then the shape of the stain
is going to reflect that.
688
00:44:05,743 --> 00:44:11,449
Meaning that for the horizontal motion
of the blood
689
00:44:11,516 --> 00:44:13,851
that has been projected
as a result of cast-off
690
00:44:13,918 --> 00:44:16,387
is going to create more angular stains
691
00:44:16,454 --> 00:44:20,258
that would look more similar
to these more elongated stains here.
692
00:44:20,791 --> 00:44:24,729
OK, so, on your example there,
just so I understand this,
693
00:44:25,329 --> 00:44:28,699
if the body were flung
into the back of the trunk,
694
00:44:28,766 --> 00:44:32,737
show me which stain I would expect to see
695
00:44:32,803 --> 00:44:35,106
if the blood came directly off the body.
696
00:44:35,173 --> 00:44:37,975
What would I be seeing
on the rear cargo door?
697
00:44:38,420 --> 00:44:40,945
You would be seeing stains
that are more elongated,
698
00:44:41,120 --> 00:44:44,148
with the tail of the stain
pointing in that direction of travel.
699
00:44:44,348 --> 00:44:47,840
OK, so, if I were looking here...
700
00:44:47,151 --> 00:44:51,389
I'm seeing stains with a tail on them.
But you're saying...
701
00:44:51,455 --> 00:44:54,125
No, those are flow patterns.
That's entirely different.
702
00:44:54,192 --> 00:44:58,329
If you have a stain of sufficient volume,
gravity will overtake it,
703
00:44:58,396 --> 00:45:00,398
and you'll get a rundown,
which is a flow pattern.
704
00:45:00,731 --> 00:45:02,660
Yeah, that's so huge, though,
705
00:45:02,133 --> 00:45:05,269
because these stains just have
a little flow pattern down,
706
00:45:05,336 --> 00:45:08,272
but they don't have
any horizontal dimension to them.
707
00:45:08,339 --> 00:45:11,709
There's no... Right, there's no indication
of horizontal motion.
708
00:45:11,776 --> 00:45:13,444
Can you give me your pen for a second?
709
00:45:13,511 --> 00:45:17,810
So, I'm gonna give you
the cargo door again.
710
00:45:17,148 --> 00:45:20,685
Are you telling me these things
would be sideways, like that?
711
00:45:20,751 --> 00:45:23,854
Like, what would they look like
if she's been thrown in the back?
712
00:45:23,921 --> 00:45:25,790
You would see stains that would be more...
713
00:45:28,693 --> 00:45:32,997
They would show direction of travel
as opposed to being near-circular.
714
00:45:33,931 --> 00:45:37,168
When Mr. Stahlke talked about the blood
715
00:45:37,235 --> 00:45:42,840
that was found in the back of the RAV4,
716
00:45:43,574 --> 00:45:47,778
Mr. Stahlke told you
the blood suggests impact,
717
00:45:47,845 --> 00:45:51,148
or what's called "projected blood,"
718
00:45:51,215 --> 00:45:56,621
as if an individual was thrown
into the back of the SUV.
719
00:45:56,687 --> 00:46:00,157
That was on the back gate
that Mr. Stahlke talked about.
720
00:46:00,224 --> 00:46:02,426
We'll show you some pictures about that.
721
00:46:02,493 --> 00:46:08,566
As if the blood is splattering
or is actually in movement
722
00:46:08,633 --> 00:46:13,904
as it hits the side of...
or the back gate.
723
00:46:18,909 --> 00:46:24,810
We've got a mannequin that's the same
height as Teresa Halbach, the same weight.
724
00:46:24,148 --> 00:46:27,351
We've put weights on her, 135 pounds.
725
00:46:28,520 --> 00:46:32,990
And we've got human hair,
the same length as Teresa Halbach's hair.
726
00:46:33,491 --> 00:46:38,262
So, the state claimed that Teresa Halbach
was shot twice in the head,
727
00:46:38,329 --> 00:46:42,500
so we have blood on the hair in that area,
in the occipital and parietal.
728
00:46:42,566 --> 00:46:45,169
So, the side and the back of her head.
729
00:46:46,637 --> 00:46:49,774
Yeah. I don't know if that's enough
that's gonna be able to...
730
00:46:50,274 --> 00:46:52,714
- [Kathleen] Let's do more. We'll do more.
- ...come off here.
731
00:46:54,712 --> 00:46:57,148
I wanted to reenact it.
732
00:46:57,848 --> 00:46:59,650
I wanted to understand it.
733
00:47:00,551 --> 00:47:03,988
So, we got a mannequin,
got the blood from a lab,
734
00:47:04,550 --> 00:47:06,357
and then brought Stuart James in
735
00:47:06,957 --> 00:47:11,329
to try to recreate the blood
on the rear cargo door.
736
00:47:20,370 --> 00:47:21,872
Interesting. That's right where that...
737
00:47:22,506 --> 00:47:24,175
Yeah, you've got her in the right spot.
738
00:47:25,576 --> 00:47:29,113
Do you see anything, Stuart? I don't
see any blood that hit the white sheet.
739
00:47:29,180 --> 00:47:31,140
- [Stuart] No, he was kind of blocking it.
- Yeah.
740
00:47:32,160 --> 00:47:33,984
[Nick] It's a lot heavier than it looks.
741
00:47:34,385 --> 00:47:38,622
So, this time, why don't we
interject Scott into it with you?
742
00:47:38,689 --> 00:47:41,992
So, if we had one of you on each side.
743
00:47:42,593 --> 00:47:45,262
Just fling her like he's talking about.
744
00:47:46,230 --> 00:47:47,732
[loud thud]
745
00:47:47,798 --> 00:47:49,718
I think they have to fling her
a little sooner...
746
00:47:50,701 --> 00:47:53,300
to get the blood to come off on the...
747
00:47:53,700 --> 00:47:54,939
I think you ought to turn her sideways.
748
00:47:55,500 --> 00:47:57,475
- You have to put more blood on her.
- Turn her like that.
749
00:47:57,541 --> 00:48:00,478
- [Nick] OK.
- OK. Let's bring more blood.
750
00:48:01,479 --> 00:48:03,981
[Kathleen] We can dump
all the rest of the blood in the hair.
751
00:48:06,150 --> 00:48:07,718
[Nick] One, two, three.
752
00:48:13,190 --> 00:48:16,160
There's no way you could throw
a body that heavy
753
00:48:16,227 --> 00:48:17,661
and generate enough velocity.
754
00:48:17,728 --> 00:48:19,330
[Stuart] Which is what he said happened.
755
00:48:19,397 --> 00:48:21,665
[Kathleen]
Why don't we, just as an experiment,
756
00:48:21,732 --> 00:48:23,401
take all the weight off of her?
757
00:48:25,770 --> 00:48:30,941
You're slinging her exactly where she was,
and it isn't working.
758
00:48:32,900 --> 00:48:33,100
So...
759
00:48:37,548 --> 00:48:38,649
[Nick] There's some there.
760
00:48:38,716 --> 00:48:40,684
With that kind of weight,
he was able to do it,
761
00:48:40,751 --> 00:48:44,588
but with a heavier weight, it would
still require the same acceleration.
762
00:48:44,655 --> 00:48:45,790
It would, yeah.
763
00:48:45,856 --> 00:48:48,426
- Which is not very likely.
- Right.
764
00:48:49,894 --> 00:48:54,698
So, even with taking all the weight off
so she weighs 20 or 25 pounds
765
00:48:54,765 --> 00:48:57,935
and then standing here
and swinging it back and forth,
766
00:48:58,200 --> 00:49:02,940
we're not creating the pattern
that was actually on the RAV4
767
00:49:03,700 --> 00:49:04,909
when they discovered the car.
768
00:49:06,577 --> 00:49:09,313
Now we've got
what you were describing to me before,
769
00:49:09,380 --> 00:49:10,781
this elongated pattern.
770
00:49:10,848 --> 00:49:12,716
[Stuart] The stains that were deposited
771
00:49:12,783 --> 00:49:15,219
with a directionality
of going from right to left.
772
00:49:18,923 --> 00:49:20,257
[indistinct chatter]
773
00:49:22,590 --> 00:49:25,563
[Kathleen] My approach
on all of the post-conviction cases
774
00:49:25,629 --> 00:49:27,198
that I've worked on over the years
775
00:49:27,264 --> 00:49:31,101
is that I have to do two things
simultaneously.
776
00:49:31,802 --> 00:49:37,508
I have to first take apart
the state's entire case.
777
00:49:38,909 --> 00:49:42,780
But at the same time, I want to figure out
exactly what happened.
778
00:49:42,847 --> 00:49:46,650
I'm actually driven more by the desire
to know what happened,
779
00:49:47,418 --> 00:49:51,989
because once I figure out what happened,
then the state's case collapses.
780
00:49:54,892 --> 00:49:56,393
Both things have to be done
781
00:49:56,460 --> 00:50:01,799
because most courts are not going
to vacate a murder conviction.
782
00:50:02,900 --> 00:50:07,538
Most courts want to know,
"What are you saying happened?"
783
00:50:07,605 --> 00:50:08,439
You know?
784
00:50:08,506 --> 00:50:12,776
I mean, if you're so bold that you're
taking apart the state's whole case...
785
00:50:12,843 --> 00:50:15,946
Particularly in a case like this
where such enormous effort was spent
786
00:50:16,130 --> 00:50:17,648
to convict Steven Avery.
787
00:50:25,890 --> 00:50:30,160
[Kathleen] So, we're looking at the rear
cargo door of Teresa Halbach's vehicle.
788
00:50:30,227 --> 00:50:33,464
How would you describe
this bloodstain pattern?
789
00:50:33,531 --> 00:50:37,902
It would fall into the classification
of a cast-off pattern,
790
00:50:37,968 --> 00:50:43,908
which means, by definition, that wet blood
has been flung from an object.
791
00:50:43,974 --> 00:50:48,879
Is there any way that you can determine
from the pattern on the vehicle
792
00:50:48,946 --> 00:50:51,982
where they were positioned
when they made that movement
793
00:50:52,490 --> 00:50:53,617
that caused the pattern?
794
00:50:53,684 --> 00:50:57,421
Again, you go back and look at the shape
of the stain and the distribution.
795
00:50:57,488 --> 00:51:02,560
In this particular instance, these stains
are essentially near-circular,
796
00:51:03,627 --> 00:51:08,766
which means they've come in almost in,
if you will, a horizontal perspective.
797
00:51:09,500 --> 00:51:10,401
OK?
798
00:51:10,467 --> 00:51:15,573
And the source of blood
was close enough to...
799
00:51:16,600 --> 00:51:18,800
It overcame the parabolic arcing
of the blood,
800
00:51:18,750 --> 00:51:20,678
so it still impacted at almost 90 degrees.
801
00:51:21,245 --> 00:51:22,245
And...
802
00:51:22,947 --> 00:51:24,582
the swing has got to be horizontal here,
803
00:51:24,648 --> 00:51:28,419
because if the person,
or the object, wet with blood
804
00:51:28,485 --> 00:51:35,292
was higher than the actual bottom portion
of the hatchback,
805
00:51:35,359 --> 00:51:38,696
the blood would've had
a downward trajectory.
806
00:51:38,762 --> 00:51:42,299
You would see tails
at the front edge of the stains.
807
00:51:43,100 --> 00:51:45,536
So, an area of origin would be...
808
00:51:45,603 --> 00:51:50,774
You know, in this case, I would probably
give it 12 to 15 inches either way.
809
00:51:50,841 --> 00:51:55,112
Not on the floor,
but 12, 15, maybe 20 inches above.
810
00:51:55,179 --> 00:51:56,880
Above ground level.
811
00:51:56,947 --> 00:51:59,883
Six inches won't make a big difference
in the shape of the stains.
812
00:51:59,950 --> 00:52:01,294
- You know what I'm saying?
- Right.
813
00:52:01,318 --> 00:52:02,586
It's not an acute enough angle.
814
00:52:02,653 --> 00:52:06,824
So, somewhere between kneeling
or further down.
815
00:52:06,890 --> 00:52:09,193
[Kathleen] OK, so let's talk about...
816
00:52:09,259 --> 00:52:14,231
I've got various weapons on the table,
or what could be weapons on the table.
817
00:52:14,565 --> 00:52:18,402
If this victim were, say,
kneeling in front of that cargo door,
818
00:52:18,469 --> 00:52:20,571
the cargo door were open,
819
00:52:20,638 --> 00:52:24,642
and I shot the victim in the head...
820
00:52:25,309 --> 00:52:29,647
[Stuart] Gunshots, you have the potential
of a forward spatter and a back spatter.
821
00:52:29,713 --> 00:52:33,484
However, back spatter and forward spatter
produce small droplets
822
00:52:33,550 --> 00:52:36,954
in the size range
of one tenth of a millimeter or less.
823
00:52:37,210 --> 00:52:38,322
So, the size is when...
824
00:52:38,389 --> 00:52:43,270
These are clearly, I would estimate,
two to two-and-a-half millimeters wide,
825
00:52:43,360 --> 00:52:47,531
which, in the absence of other
misting patterns or very small stains,
826
00:52:47,598 --> 00:52:52,236
it is simply not representative
of a pattern produced by gunshot.
827
00:52:53,300 --> 00:52:56,874
But I could probably create
a similar pattern with all three of these,
828
00:52:56,940 --> 00:52:59,410
depending upon where I put the blood.
829
00:52:59,476 --> 00:53:00,911
[Kathleen] Yes, OK.
830
00:53:00,978 --> 00:53:05,820
I mean, for one thing, I think
we can rule out the tip of a knife.
831
00:53:05,149 --> 00:53:07,551
But when you start getting into
other blunt objects,
832
00:53:07,885 --> 00:53:08,886
it's very difficult.
833
00:53:09,653 --> 00:53:11,789
But what we're seeing here
that we're definitive about
834
00:53:11,855 --> 00:53:13,857
is that it is a cast-off pattern
835
00:53:13,924 --> 00:53:18,262
and the source of the blood,
the area of origin, if you will,
836
00:53:18,328 --> 00:53:20,364
was in front of that door,
837
00:53:21,650 --> 00:53:22,866
a couple... two to three feet away,
838
00:53:22,933 --> 00:53:26,437
but also near the, you know...
at the back of the vehicle
839
00:53:26,503 --> 00:53:28,772
with the hatch door open.
840
00:53:30,607 --> 00:53:32,876
[Kathleen] OK, it's just a sling back.
841
00:53:35,790 --> 00:53:37,319
[Stuart] Use a different paper.
Don't hit that one again.
842
00:53:37,848 --> 00:53:39,950
And then put a mark on here, number one.
843
00:53:47,958 --> 00:53:48,958
Yeah.
844
00:53:50,600 --> 00:53:51,962
[Kathleen] That's matching pretty close.
845
00:53:54,631 --> 00:53:59,570
[Kathleen] Experimentation in the case
is extremely important
846
00:53:59,636 --> 00:54:03,474
because you can test the theories
of what you think happened.
847
00:54:03,540 --> 00:54:07,745
It's like if you could go to a crime scene
when it was fresh
848
00:54:07,811 --> 00:54:09,980
and you could redo the whole thing.
849
00:54:10,470 --> 00:54:12,783
That's what I'm doing. I'm recreating it.
850
00:54:12,850 --> 00:54:14,518
Just experiment with that.
851
00:54:15,119 --> 00:54:19,560
Because we get it,
it's gonna, I think, be consistent. Yeah.
852
00:54:19,923 --> 00:54:22,760
OK. Let me put quite a bit on there.
853
00:54:30,901 --> 00:54:33,537
One thing I'm 100 percent sure of,
854
00:54:33,604 --> 00:54:37,775
it did not occur the way
Mr. Kratz told the jury it occurred.
855
00:54:38,175 --> 00:54:41,612
It's demonstrably false what he told them.
856
00:54:41,678 --> 00:54:46,183
And I intend to do that on each piece
of evidence that he presented to the jury.
857
00:54:46,650 --> 00:54:48,418
Because this case, more than anything,
858
00:54:48,485 --> 00:54:51,355
more than a case
of ineffective assistance of counsel,
859
00:54:51,421 --> 00:54:57,828
is a case of gross, extreme,
egregious prosecutorial misconduct.
860
00:54:58,796 --> 00:55:00,230
And so that will be...
861
00:55:01,198 --> 00:55:06,360
That will be a real pleasure,
like, unmasking Mr. Kratz.
862
00:55:06,837 --> 00:55:08,505
[theme music plays]
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