Making A Murderer 101.
In case you took a rather hermetic approach to social media in 2016, the chances are you heard an awful lot about Netflix’s new documentary series ‘Making A Murderer.’
If you haven’t heard of it, or haven’t gotten around to watching it yet, but you don’t like being left out of watercooler conversation – read on. We’ve put together some cliff-notes that should help you get through any casual Making A Murderer chat without being identified as some kind of behind-the-times weirdo.
This will, of course, involve heavy spoilers – so if you intend to watch it soon, stop reading now.
The backstory
A young Wisconsin man by the name of Steven Avery was arrested for, and convicted of, sexually assaulting a woman on a beach in Wisconsin in 1985. He spent 18 years in prison before DNA evidence proved beyond all doubt that he did not assault the woman he was accused of assaulting. Upon his release, Avery filed a $36 million lawsuit against the Manitowoc County Police – who had seemingly led the victim to originally name Avery as the attacker through various manipulative means.
Avery was known to the Manitowoc County Police for various other crimes, including violent crimes, which led him and his family to believe that the police wanted to see him behind bars.
Teresa Halbach
Only months after his release from an 18-year stint in prison for a crime he did not commit, Avery was then charged with the rape and murder of another woman, 25 year old photographer Teresa Halbach. Halbach was last seen on Avery’s property, photographing some of his cars for an auto magazine. She was reported missing a few days later, and eventually her remains were found on Avery’s property.
Furthermore, a lengthy search of Avery’s property yielded Teresa’s car keys – found on the floor of Avery’s bedroom. Avery’s blood was also found in Halbach’s car.
Most damningly, Avery’s nephew Brendan Dassey gave a confession to the police that he and his uncle Steven had sexually assaulted and killed Teresa Halbach. Dassey, who was 16 at the time of the crime, was also charged with rape and murder.
The trials
Avery settled his lawsuit with the Manitowoc County Police for $400,000, enough to procure the services of lawyers Dean Strang and Jerome Buting. Strang and Buting are largely viewed as the heroes of the show.
@AmyKinLA @jenyamato @MdellW I posted this before and I'll post it again. Dean Strang – Jerome Buting fan club !!! pic.twitter.com/yCzFoDoThr
— kate briquelet (@kbriquelet) December 30, 2015
The evidence
Piece by piece, Avery’s lawyers highlight the various holes in the evidence that the prosecution is using against Avery. For example, the keys that were found in Avery’s bedroom were in the middle of the floor – but they weren’t found until the room was searched for the third time. They were found by James Lenk, a cop who had been deposed (interviewed under oath) as part of Avery’s lawsuit against the Manitowoc County Police only weeks previous.
This meant that Lenk, who admittedly volunteered to search Avery’s room, had a personal stake in any charge or case involving Avery.
The blood that was found in Halbach’s car certainly belonged to Stephen Avery but as Buting cleverly observed, the police had a sample of Avery’s blood from his prior conviction. Upon asking to see Avery’s blood sample, it was clear that the box had been tampered with and blood extracted by a needle. The Manitowoc County Police were unable to explain this.
The implication of these two facts that the police had planted Teresa’s keys in Avery’s room, and Avery’s blood in Teresa’s car.
Lastly, the confession given by Brendan Dassey was in no way what it seemed. The 16 year old was extremely cognitively impaired, with an IQ of roughly 70. He had the reading level of a 10 year old and seemed to possess little-to-no understanding of his circumstances.
He was interrogated by two veteran cops, Mark Wiegert and Tom Fassbender, who repeatedly insisted that he ‘be honest’ whenever they heard something they didn’t like, and repeatedly suggested things he or Steven may have done to Teresa, ensuring that he would not get in trouble if he simply agreed. There is video footage of the interviews, and it is patently clear that Dassey has no idea what he is saying or that he realises he’s being asked to confess to having committed a crime.
On top of this, his attorney Len Kachinsky is removed by a judge after it becomes clear that he is not acting in the child’s best interest, and allowing him to be interrogated alone, despite having a mental age of a much younger child.
Obsessed with #MakingAMurderer it's so scary and unjust
— Eimear Morrissey (she/her) (@Eims_m) January 1, 2016
Avery’s defence
The extremely shaky and unclear description Dassey gave of the murder is confounded by many things. Most importantly, Dassey said (after much prompting from the detectives) that Halbach’s throat was cut as she was shackled to Avery’s bed. She was also stabbed repeatedly. Not a trace of blood was found in Avery’s entire house, nor were any shackling devices found.
Avery also had complete access to an auto-compactor, which would have easily enabled him to get rid of both Halbach’s body and car. Halbach’s car was found parked in Avery’s auto-lot, and when it was reported to the police – the cops somehow already knew the car’s license plate number. Like the blood sample interference, were unable to explain how they knew this.
The suggestion here is that the cops had already come into contact with Teresa’s car, and this is how they had her keys in order to plant them in Avery’s room.
The previously mentioned James Lenk also visited the scene of the car (where Avery’s blood was found) after it has been cordoned off. He did not sign the police log-book (which he was obliged to do), and later lied under oath about what time he arrived at the scene by a difference or four-to-five hours. His visit to the car is unexplained, and his reason for lying about it is unexplained.
There is not one element of evidence introduced by prosecutor Ken Krantz (who is later fired from his job for sexting a teenager), that is not made to look extremely shaky by Strang and Buting.
If I'm ever accused of a crime, I want Steven Avery's lawyers. #MakingAMurderer #episode7
— Dr Panti Bliss-Cabrera (@PantiBliss) December 29, 2015
Avery also called his then-fiancée Jodi on two occasions during the time the murder allegedly took place. She said that he didn’t sound like he was doing anything particularly strenuous at the time.
As things stand
Both Avery and Dassey were found guilty and sentenced to prison time. In Avery’s case, it is life without parole. Dassey will be incarcerated until at least 2048, by which time he will be 59 and his parents most likely dead.
In the nine years their incarceration, court after court has refused to hear appeals by Avery and Dassey. Avery, who can no longer afford a lawyer, is now teaching himself the law in an attempt to continue to fight for his freedom.
Avery’s parents have also stood fast by him throughout both of his trials. When the show is being discussed, expect a lot of gushing over Avery’s truly loving and adorable parents. Their unwavering support for their family is the show’s silver lining, as well as Avery’s lawyers’ pursuit of a justice that has so far seemingly eluded Steven Avery and Brendan Dassey.
https://twitter.com/ShivMagST/status/682918970635206657?ref_src=twsrc%5Etfw
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