Making A Murderer (2015) s02e04 Episode Script
Welcome to Wisconsin
1 [BRENDAN.]
Yesterday Yesterday I was at rec.
I was coming back from rec, and a dragonfly almost landed on my shoulder.
[BARB.]
Oh, yeah? [BRENDAN.]
Yeah.
Me and this other guy were talking, and it just landed on me.
[SCOTT.]
Yeah, but that's your symbol, Brendan.
[BRENDAN.]
Yeah, I know.
[BARB.]
That means change is coming.
[BRENDAN.]
Yeah.
[DOG BARKING.]
[LAURA.]
People are used to not having hope.
And when suddenly a door opens and there is light and there is this possibility, and people start thinking, you know, "Maybe I'm gonna get my baby back.
" That's a very hard moment in a case because that's when emotions start to run high.
The rediscovery of hope can be a really hard moment.
Brendan's been incarcerated for ten years, and suddenly he gets a whiff of what it might mean to be free.
In a way, this moment is almost crueler than the wait, because now there's hope that could still be taken away.
You know, prosecutors dedicate their lives to putting people behind bars, but the fascinating thing is, the prosecutors never get a chance, or rarely get a chance, to actually talk to those people.
They really are, sort of, names on a page to them.
And that's how the system is designed, you know? But they never get the chance to see the humanity in people.
One of the defense attorney's credos is, "You are more than the worst thing you've ever done.
" And in Brendan's case, you know, more than the worst thing you didn't do.
[THEME MUSIC PLAYS.]
[STEVEN.]
Only Lynn's in my mind now.
Next month, she'll be up to see me.
And that'll be the first time I met her in person.
With Lynn, I feel everything is there.
She wants somebody where she can relax for the rest of her life, you know, with a good man.
No arguing, no fighting, no nothing.
Just by that, you know, that's what I want.
I want somebody who's gonna be there, who loves me, and will take it all the way to the end.
When you get involved with me, you got a lot of attention and all this other stuff, and I asked her about that sometimes.
I just tell her, "Don't worry about what everybody's saying on the Internet.
" [CHRIS SPARGO.]
Steven has become the world's strangest sex symbol.
He's receiving, according to some reports, up to 40 letters a week in prison from women lining up to be his next wife.
Steven Avery became engaged to this beautiful, statuesque blonde.
They began speaking through love letters to one another and then they started talking [CHRIS'S VOICE FADES.]
The last few months have been more difficult than our relationship over the years.
And most of it is because of these women.
And I've tried to be understanding and realize that he's never had this before, he's never had this attention before, and just try to sit back and let it happen, whatever he wants to do about this.
But I try to protect him, and I try to I say, "I've been protecting you for over ten years, and I'm still doing it.
" You know, trying to protect him from the people out there that don't have good motives.
[STEVEN.]
I'm kind of lost right now with Sandy.
She tells me that she loves me, and she was sorry for what she did, you know, trying to break it off and everything else, and I don't know.
It's hard for me that I know that she's hurting.
You know, I want to be Sandy's friend forever.
Because she helped me, so I want to help her.
OK.
That's good.
[SIGHS.]
I never had so many flowers.
Wait.
Where's my glasses? I think they're in the car.
Oh.
[BRITTANY.]
Are these all birthday cards? Yeah.
So [BRITTANY.]
Wow.
[DOLORES.]
This is from Steven.
"Happy birthday, Mom.
I love you and miss you a lot.
I will be home OK.
" Wait.
"Home soon.
" "I love you, Mom.
You are the best mom in the world.
I love you, Mom.
It will be better in 2017.
" - I love you.
- I love you, too.
Bye.
Happy birthday.
Yeah, thank you.
- Tell Steven I say hi.
- Yeah.
It's a great day today.
We're going to see Steven.
Oh, look at your hair! That's so cute.
[KAYLA.]
Did you go get your prescription filled that I told you to go get filled? - [DOLORES.]
Yep.
- [KAYLA.]
Alright.
[KAYLA.]
You took one this morning? [DOLORES.]
No, not the pain one, I didn't.
But I maybe took that other one, what I had before.
- I can't take both of them for pain.
- [KAYLA.]
No.
No, you'd be wacky tabacky.
[DOLORES.]
Yeah.
Today's not the day I want to get wacky.
[KAYLA LAUGHS.]
No.
Steven will look at you like, "What is wrong with you?" [LAUGHING.]
[WOMAN.]
Hi, can I help you? [KAYLA.]
Hi.
Can I get a Sausage McMuffin with egg, with no cheese? Don't take all that out.
I counted that this morning.
How much is in here? Right about 12, 13, 14 [LAUGHING.]
I don't know.
[KAYLA.]
Oh, yeah, that's a watch.
I wonder.
Here.
[DOLORES.]
I can't take that in there.
[KAYLA.]
You could probably take this bracelet in there.
- [DOLORES.]
No.
- [KAYLA.]
No? Well, a lot of people are wishing you a happy birthday.
These are the pictures that I posted.
- I got my tongue out? - [KAYLA LAUGHS.]
Yeah.
[DOLORES CHUCKLES.]
Oh, my God.
[KAYLA.]
Come on.
[DOLORES.]
Oh, my God.
- [KAYLA.]
You steady? - Yeah.
Make sure the door's locked.
[BARB.]
So, are you ready to come home? [BRENDAN.]
Yeah, I am.
[BARB.]
Yeah.
I'm ready, too.
[BRENDAN.]
Yeah.
The State has until September 11th to say that they're gonna appeal the case or let me go.
- [BARB.]
Really? - [BRENDAN.]
Yeah.
We should hear something on the news, right? - [SCOTT.]
Yep.
- [BARB.]
Yeah.
[BRENDAN.]
The only way that they can appeal it is, like they don't think the judge did a sound job on his decision or whatever, but I read it, it sounded sound to me.
[BARB.]
So, your attorneys are gonna call me, too, right? [BRENDAN.]
Yeah, they said they're gonna let you know if anything happens or whatever.
[BARB.]
OK.
Mom can't wait.
[DOG BARKING.]
[BRENDAN.]
Yeah, I can't, either.
So far, I got about one-and-a-half boxes full of my property, so [SCOTT.]
You're cleaning house, huh? [BRENDAN.]
Yeah, like dominoes.
I could probably donate that to the unit.
[BARB.]
Well, don't give it all away yet.
[BRENDAN.]
Yeah, I know.
I'll wait until they, like, say that I'm going home or whatever they'll say.
I'll ask them if I can donate it to the unit.
Brendan's odds of getting a successful habeas corpus petition were low, and I was surprised by Judge Duffin's ruling.
So, I guess that's Brendan's good fortune.
Judge Duffin took a few potshots at me.
His comments about my performance, on certain things being indefensible, I respectfully disagree.
So, in a sense, I was relieved that he found that the portions that were alleged to be ineffective were not valid arguments for giving Dassey a new trial.
And I was kind of relieved that he found that there was a legitimate issue on the voluntariness of the confession.
[LEN.]
I mean, I'm the one that laid the foundation for that.
I filed the motion to suppress.
We litigated it pretty thoroughly, including the school psychological records and the transcript of the interrogation and so forth.
So, I thought I did my job.
[CAT MEOWS.]
The man who prosecuted the cases against Steven Avery and Brendan Dassey is speaking exclusively to Action 2 News.
Emily Matesic sits down with Ken Kratz, who told us about his reaction to the overturned conviction.
[EMILY.]
Like many following the cases against Steven Avery and Brendan Dassey, former Calumet County District Attorney Ken Kratz, who led the prosecution of both men, was surprised to hear Dassey's conviction had been overturned by a federal magistrate.
To be sitting on the sideline with the rest of the citizenry and only being able to sit back and just hear what happens from the news agencies or something else is an awkward, uncomfortable position for me, personally.
[EMILY.]
If it were up to him, Kratz says the logical thing to do is file an appeal.
[LAURA.]
The State has three basic options right now.
First, they could release Brendan, and that could happen at any time.
Their second option is to initiate a retrial of Brendan.
If they choose to do that, they have to begin those proceedings within 90 days.
And then their third option would be to appeal this ruling that just came down, granting Brendan's petition for a writ of habeas corpus.
If they do appeal that ruling, then everything else gets put on hold while that appeal goes forward.
[NEWSCASTER.]
In a tweet last month, Kathleen Zellner promised, "a tsunami of new evidence is on the way.
" Through her tweets, Zellner hints at her case: planted evidence, cell phone tower records and DNA samples.
She even hints at a new suspect.
Zellner is expected to file a motion in the case as early as Thursday.
Supporters of Steven Avery waiting outside the Manitowoc County Courthouse for a second day, waiting to hear appeals lawyer Kathleen Zellner's alternate theory of the death of Teresa Halbach.
[REPORTER.]
The small crowd gathering at the Manitowoc County Courthouse is hopeful, hopeful that tweets and Facebook posts have some truth, and Steven Avery's attorney, Kathleen Zellner, is coming to town.
No sign of Zellner today.
It didn't happen today.
We'll have to wait until tomorrow to see if Avery's attorney, Kathleen Zellner, will be filing a new motion in the case.
I will be here tomorrow morning, bright and early at 8:30, when the courthouse opens.
Reporting live in Manitowoc, Gabrielle Mays, Fox 11 News.
You can't disrupt this office.
We are open for business.
We're just gonna go in order.
One camera crew at a time.
[OVERLAPPING CHATTER.]
- Three, four, five, six, seven - [CAMERAMAN.]
Like you're talking.
- Like I'm talking on TV or just talking? - [CAMERAMAN.]
Yeah.
[KATHLEEN.]
I think the best thing is maybe if we pull in the parking lot.
Then we've got to get out, though, and walk further.
[EDDIE ZEGAR.]
What if I just drop you off in front of [KATHLEEN.]
See, the problem is, they're just gonna mob me.
I think what we do is pull in next to Scott in the parking lot and then we get out.
One guy in front, two on either side, and I'm in the middle.
It's like a little triangle, and we're inside of it, right? [EDDIE.]
That's how Elvis used to come into the concert.
- Really? - [EDDIE.]
Yeah.
They had him surrounded by guys.
Yeah, that's what you do.
It's like [EDDIE.]
So you're Elvis? I'm Elvis now.
[BOTH LAUGH.]
It's ridiculous.
[KATHLEEN.]
When I did a case once in Indiana, it was so crazy, they were climbing on the car.
[LAUGHING.]
I'm so excited! [WOMAN.]
Give me a hug.
I'm Steven's cousin, yes.
And I can't get this smile off my face.
I am so excited.
I'm so happy.
I will stand behind Steven 110 percent, until the end.
Free them! Innocent! - [COLLEEN HENRY.]
Welcome to Wisconsin.
- Yes, thank you.
What are you here to do? Uh, there we go.
OK.
What am I here to do? I'm here to file a motion for new scientific testing.
Can you talk about what kind of Is this DNA? Are you talking about the testing on the preservative that was related to No, no, there's many more tests.
Let me file it and I'll come back out and we can talk.
- Did you bring extra copies, by chance? - We did.
Excellent.
You're a pro, I guess.
[COLLEEN.]
This is something that you could've done via fax, I understand from the clerk.
Is there a reason you felt it was important to be here today? [KATHLEEN.]
Yes.
It's such an important motion for the case.
[COURT GUARD.]
Back up a little.
[SCOTT PANEK.]
Room, please.
[WOMAN.]
Thank you, Kathleen.
[KATHLEEN.]
Hello.
I'm Kathleen Zellner.
Yeah, nice to meet you.
OK, so, we want to get a bunch of - That's the original.
- That's the original? OK.
This one doesn't have It's We lost the cover.
[CLERK.]
Doesn't matter.
Yeah.
We'll take it with us.
[REPORTER.]
What did you just file? [KATHLEEN.]
We just filed a motion for new scientific testing.
Why don't I go out instead of being pinned in here? - [COURT GUARD.]
Probably outside is best.
- Yeah, don't you think? Yeah.
[KATHLEEN.]
Yeah, let's just go back outside.
[REPORTER.]
Can you say something [KATHLEEN.]
Let's go outside, OK? So we're not interfering with court business.
[OVERLAPPING CHATTER.]
Is everyone out? Yeah, step back.
Everyone step back.
Come on.
OK.
So, your question probably is, "What did I just file?" I filed a motion for new scientific testing on the Steven Avery case.
We're requesting to test dozens of items from the crime scene.
I think this will be the most comprehensive testing motion ever filed in the state of Wisconsin, probably one of the most comprehensive motions ever filed in the United States.
There were many, many items that should've been DNA-tested that weren't.
So, for us, the case is amazing, how much forensic evidence there is that can be tested.
For the public, I think the most reassuring thing is that we are gonna get to the bottom of who killed Teresa Halbach.
And we firmly believe that we will establish that it was not Steven Avery.
So, anyway, that's all I have to say.
We have copies, though.
You have copies? Why don't you hand those out? - [REPORTER.]
Thank you, Miss Zellner.
- Yes.
You'll enjoy reading it.
If the tests come back and it shows that that blood is from 2005 Gee, that'll be the risk that we're taking.
Every client I represent, I tell them, "You want to be innocent when you hire me because I'll get to the bottom of it with the testing.
" So, Mr.
Avery has encouraged us to do all of these tests.
But remember, there are a lot of things planted in this.
So we're not just talking blood, we're talking buccal swabs.
There's a lot of different variations on this.
Um, so, that's the problem.
If you do something If you did plant the evidence, that science is gonna catch up with you, and that's what we're gonna see in this.
So you're gonna have to wait until everything is back before Steve can even be considered to be released? I don't imagine it will take that long once we get the tests because he never made any incriminating statements.
- That's right.
- Alright? So, you're down to the evidence at the crime scene.
You're down to the key, the hood latch, the blood in the RAV and the bullet.
[REPORTER.]
Does this go to a hearing? Do you know - OK, let's go.
I gotta go.
- [KURT.]
No more questions.
Bye-bye.
See you soon.
- Miss Zellner? - Yeah.
- I'm Steven's cousin, Kim.
- Oh, hi.
Nice to meet you.
- You, too.
- [KATHLEEN.]
Yeah.
- Thank you so much for everything.
- OK.
[KATHLEEN.]
We'll just let the science tell us.
No need to be speculating.
- Kathleen, can I just give you this? - [MAN.]
Here, I got it.
I'm Brad Davis, Dateline NBC.
- You've been speaking with Andrea Canning.
- Sure, OK.
- I just wanted to introduce myself.
- Yeah, OK.
You got the motion.
Thanks.
[INDISTINCT CHATTER.]
[STEVEN.]
If there's a test, I want it done.
The tests will tell the truth.
When you're innocent, you want everything done.
You ain't scared of nothing.
- [BRENDAN.]
Hello? - [BARB.]
Hello, dear.
How you doing? - [BRENDAN.]
I'm doing alright.
- [BARB.]
OK.
[BRENDAN.]
Nothing on the news today? [SCOTT.]
Sure was.
[BARB.]
Yeah.
They're appealing it.
[BRENDAN.]
I didn't see it on the news.
Must've missed it, then.
What channel was it on? [BARB.]
Channel 2, Channel 11 [NEWSCASTER.]
Brendan Dassey will not be leaving prison anytime soon.
[SECOND NEWSCASTER.]
Wisconsin Attorney General Brad Schimel filing an appeal in federal court challenging a judge's ruling which overturned Dassey's conviction and prison sentence.
Attorney General Brad Schimel says he believes the federal court decision to overturn Dassey's conviction is wrong.
[THIRD NEWSCASTER.]
Attorney General Brad Schimel called the decision to overturn the conviction, "wrong on the facts and wrong on the law," citing two previous state court rulings that upheld Dassey's confession.
The decision is now in the hands of the 7th Circuit Court of Appeals in Chicago.
Schimel says the Halbach family supports the appeal.
[BRENDAN.]
They don't got nothing on me.
They should just frickin' let me go.
[BARB.]
The State knows that you're innocent.
They're just fucking you, that's all.
They're probably gonna just try holding you until as long as they can.
I'll call Laura later and find out what's what.
I just I want [SCOTT.]
There's just been too much shit, Brendan.
[BARB.]
Yeah.
The news media and all that.
I had to get out of the house.
[BRENDAN.]
Aren't you going up north? - [SCOTT.]
We're sitting here right now.
- [BARB.]
We're sitting here.
[BARB.]
I didn't even take a shower.
I grabbed my shit and out the door we went.
[BRENDAN.]
Yeah.
[BARB.]
You hang in there, OK? - [BRENDAN.]
I will.
- [SCOTT.]
It'll get better.
[BRENDAN.]
Yeah.
I was hoping it would come true that I'd wake up and he'd be right there.
You know, like a surprise.
They get your hopes up and then they slap you in the face again.
Feels almost as bad as the first time.
We're asking Judge Duffin to grant Brendan bond, to give him his freedom during the State's appeal.
The court will be looking at a number of factors: whether the State is likely to succeed in its appeal, whether Brendan will be harmed if he's kept in prison during the appeal, whether Brendan is a danger to society, whether he's a flight risk, whether he's somebody that the court needs to worry about or not.
Laura Nirider, Brendan's attorney, came to me about writing a release plan in Brendan's case in connection with a motion for bond that she was filing.
My role is to help Brendan and his family address the challenges that Brendan may face when he is released.
And I think it is also a way to help the court feel comfortable knowing where he is going to be sleeping, living, who he's going to be with, the types of programming he's going to be involved in.
[BRENDAN.]
I might have to get a job at first, though, right? [BARB.]
We'll see.
You know you're gonna have to go, like, to therapy and stuff.
- [BRENDAN.]
Yeah? - [BARB.]
Yeah.
[BRENDAN.]
How often would that be? Once a month? [BARB.]
I don't know, hon.
It depends on how well you take to the outside.
You're used to their system, how they run things there.
Out here, you can do what you want.
You don't have to ask somebody to do it, you know? [BRENDAN.]
I gotta stay with you guys, you know, after I get out, if I get out on that appeals bond.
[BARB.]
Well, you should ask her about it.
Most wrongfully convicted individuals have a distrust of the system, or of people in general, and it takes time to be able to build that trust up again due to the injustices that they've had to suffer.
And what is unique about Brendan is that he has trust.
He's able to develop relationships with others, and he seems to be trusting of others very easily.
[BRENDAN.]
I had a dream that I was at the courthouse there in Milwaukee, 'cause that's where Magistrate Duffin is from.
And Mike Halbach and his mom were in the elevator.
[BARB.]
Really? [BRENDAN.]
Yeah.
And he said something, and then I said, "Déjà vu.
" He's like, "What did you say?" [LAUGHS.]
[BARB.]
Huh.
[BRENDAN.]
Yeah, it's weird.
That's, like, the first dream I remember from for a while.
If the Halbachs could meet Brendan and speak with him, I think they would think differently.
- [SCOTT.]
Have a change of heart.
- Have a change of heart.
When this all went down, I asked Mark Wiegert, how many times, if I could speak with Teresa's mom, Karen.
- They wouldn't let her.
- And they wouldn't let me.
He's gotten pictures, books, banners from all over the place.
And when he does come home, he's got a big 43-inch.
Because somebody bought him a flat-screen TV.
Right there.
This, also, somebody made him.
Yeah, this will be his room after a while.
[ROBERT DVORAK.]
The State obviously has an interest in protecting the public.
The public has an interest in being protected.
However, the habeas statute relating to bail creates a presumption that if a habeas is granted that the person should be released.
So, there's a presumption in favor of release.
When the motion for release on bail was filed, part of that motion, for example, we included Brendan's prison records.
And it showed that for the 16-year-old that went to prison, and has been in prison for ten years, he had three minor violations.
One was for having an extra packet of ramen noodles.
One was for having some Scotch tape on a checkerboard.
One was using a prison form to keep score of a card game they were playing.
He was described as someone who was cooperative with staff.
Um, there have been zero problems with this kid.
I mean, the case law is clear in terms of impact on Brendan.
Any day that someone spends in prison that he shouldn't be in prison, that person suffers irreparable harm.
I love this drive over to the prison.
I've never seen so much agriculture.
It's beautiful.
[CLEARS THROAT.]
At first, I felt compelled, deeply compelled, to contact him and try to offer some kind of support for him while he was in this situation.
And after the first letter, he got back to me and asked if I would like to receive phone calls from him.
To be honest with you, had I not been in the situation that I was in, I was going through a divorce He was offering support to me, and I needed that at that time.
In any other circumstance, I would not have been looking for a pen pal in prison, of course.
Especially since my ex-husband is a law enforcement officer of 30 years.
So, it was like, the exact opposite of what my life was before.
I don't even know if I'll get in there without crying first.
It's so hard to leave him there knowing they're gonna take him back to this five-by-five cell for something he hasn't done.
It's not right, and that the the person who committed this crime is still out there.
He needs my help.
He needs everybody's help.
I wanted to be a part of it.
I don't really know how to explain it.
I just I knew in my soul it was gonna be a part of my life.
And I knew that if there was another season of the documentary, that I was going to be in it as Steven's girlfriend.
[WOLF WHISTLE.]
[CAR HORN HONKS.]
[STEVEN.]
The first moment that I saw her, I felt that my feelings with all of that was right.
I gave her a hug, a big kiss, you know, big French kiss.
Everything felt good.
I feel when I look in her eyes that she had a bad life just like me.
It's been taken from her, and mine's been taken from me.
I never felt like this that I feel with her.
[NEWSCASTER.]
Steven Avery, the star of the Netflix docuseries Making a Murderer, is engaged to be married.
The 53-year-old has been exchanging letters and phone calls with Las Vegas legal secretary Lynn Hartman for eight months.
Their relationship has been kept secret because Hartman was threatened online by people claiming she was only marrying Avery for fame and money.
- [BRENDAN.]
Hello? - [BARB AND SCOTT.]
Hello.
- [BRENDAN.]
Yeah? - [SCOTT.]
What are you doing? [BRENDAN.]
My show is on, Lethal Weapons.
Oh.
So you're saying you're gonna cut us short tonight, huh? [BRENDAN.]
I told you I was gonna call you, so the call is more important.
You're right.
[DOG BARKING.]
[SCOTT.]
So, what else is new? [BRENDAN.]
Today someone told me that someone was selling my letters.
And then, looks like one of them sold for, like, $200.
That's not good.
Yeah, that's not good at all.
[BRENDAN.]
Yeah.
And you know, the weird thing is that that letter is not one that I wrote because I never swore in any of my letters, and there was two swear words in there.
So, if anybody asks, I could just say, "That's not mine.
It must be someone else.
" It just proves that that person was just in it for the money.
[AUTOMATED VOICE.]
One minute left.
[SCOTT.]
Holy Christ.
That wasn't [BRENDAN.]
It can't be 15 minutes.
It wasn't.
Can you call back? I don't think he's gonna be able to.
I forgot to put money on the account.
You said you had $8 left, didn't you? [BARB.]
Yeah.
[BRENDAN.]
Oh, yeah, I called you twice before.
- Try.
- [BRENDAN.]
I love you, just in case.
- I love you, too.
Um - Love you, too.
[BRENDAN.]
I'll try to call you on Friday.
Alright.
[STEVEN.]
There's too many troublemakers in this shit.
Oh, there's troublemakers there? [STEVEN.]
No, there's troublemakers out there.
Oh, out here? [STEVEN.]
Yeah.
I just sit here and all the chaos comes.
Because they gotta get on that Internet and talk.
If it ain't one person, it's another one.
Lynn, Lynn, Lynn, Lynn.
Nobody likes her.
Everybody wants to get in my life.
This is my life, it ain't theirs.
Yeah.
Barbara had Brendan taken Everybody taken off of Brendan's visitor.
And now he just sits there.
[STEVEN.]
Yeah? Well, sometimes that's better.
Oh, I don't know.
[STEVEN.]
Well, I do know.
Oh, yeah? [STEVEN.]
Yeah.
The day I get out, I'm gonna get my license and I'm going to her.
I ain't throwing this away.
I don't know.
[STEVEN.]
Well [DOLORES.]
I sit home by myself.
- [STEVEN.]
Yeah.
- [DOLORES.]
With the dogs.
Yeah.
Everybody says, "Walk, walk, walk, walk.
" Well, when you can't walk, how do you walk? [STEVEN.]
Yeah, you can't.
No.
[STEVEN.]
No, it hurts.
How's your body? Does it hurt? [STEVEN.]
My knee once in a while.
- Oh, yeah? - Yeah.
[DOLORES.]
Yeah, but you ain't 80 years old, either.
[STEVEN.]
There are people 100 years old.
No way.
Yeah.
No.
[AUTOMATED VOICE.]
One minute left.
[STEVEN.]
Yeah, so we got less than a minute, so - Yeah.
- Yeah.
And I don't care what anybody says.
Love is hard to come by.
Well That's right.
Well, I give you mine.
- Yeah.
- My other half.
Yeah? Yeah.
[AUTOMATED VOICE.]
Thank you for using - I love you.
- I love you, too.
Bye.
[AUTOMATED VOICE.]
Good-bye.
[PHONE BEEPS.]
[ANNOUNCER.]
The woman engaged to Making a Murderer's Steven Avery.
There are a lot of people that want to help him that don't want to marry him.
- [ANNOUNCER.]
Should she be afraid? - I can't do this anymore.
[ANNOUNCER.]
With a surprise phone call from prison.
[DR.
PHIL.]
He's on the line now.
Oh, my God.
[STEVEN.]
I called her, and then they had me all set up with Dr.
Phil.
It was kind of a I don't know, kind of like a setup, I guess.
It kind of hurt a lot.
And after that, when I called her, she wasn't herself.
I said, well, she's making money, and she said it was none of my business.
I got a hunch that her and her daughter set this up where they could get some money out of me and my feelings and my love.
Brought me in and then threw me away.
You know, and I never felt like that ever in my life.
[NEWS FANFARE PLAYS.]
[ANNOUNCER.]
She's trying on a wedding dress for a wedding that never was or will be.
Lynn says the advice she got from Dr.
Phil kept her from going through with the marriage.
Lynn wrote her fiancé a "Dear Steve" letter.
"I cannot continue to be involved with you because there is so much negative for me.
I can't do this anymore.
" She says he did not take it well.
[LYNN.]
I had to end the relationship because I saw signs in his personality that concerned me.
[ANNOUNCER.]
Lynn says she's now in fear for her life.
Once, she worked to help free Avery.
Now she hopes he never gets out of jail.
[KATHLEEN.]
While I'm waiting for the response from the prosecution to my motion for scientific testing, I want to keep the rest of my investigation going.
What we want to do is try to figure out who had the opportunity to get the bones back on the property.
So, Kurt, I think what you did you did an overview map.
[KURT.]
Specifically on this map, we've highlighted where the pelvic bones were recovered.
Those are in relationship to the deer camp.
The deer camp is off of Kuss Road, correct? - [KURT.]
Yes.
- [KATHLEEN.]
So, those appear to be, what, south? [KURT.]
Yes.
[DEAN STRANG.]
You found in the material from the quarry pile two fragments that appeared to you, in your experience, to be pelvic bone.
- Is that right? - That's correct.
You suspected them of being human pelvic bone.
- Am I understanding you correctly? - [LESLIE.]
Yes.
You still suspect them of being human pelvic bone? - Suspected possible human.
- Right.
I mean, you found some burned bone from all three sites.
The quarry pile, the Janda burn barrel, Steven Avery's garage area.
[LESLIE.]
Uh, that's correct.
And of the burned bone that you found, the condition was roughly similar in all three sites.
That is correct.
[DEAN.]
That's all.
[KATHLEEN.]
Where the pelvic bones are found, does that look like a burn site, or do they seem to just be put there? No one notes anything that there's no burn barrel nearby, they don't know that there's any ashes or anything on the ground.
How do you think that happened? An open container, possibly in a vehicle [KATHLEEN.]
Maybe they're stumbling in the dark? Or on foot.
Like, if you were in a panic and Um, didn't they also confirm those bones had been cut? They could see cut marks on those? Yeah, there are cut marks on those.
There's also cut marks on bones in the burn barrel.
- So strange.
- [KURT.]
It is strange.
So, Kurt, go through where the stations are when they block off the property.
They maintain a command post where Avery Road meets the east-west road that goes out to Barb and Steve's, as well as a squad car situated on the conveyor road and by where the RAV was recovered.
And then, of note, the guard situated in the northwest portion of the Avery property, he's actually east of Steven's trailer, so he was to the front of it, which means that it is possible to be behind the trailer or behind the garage without being in a visual line of that officer.
You could potentially be there undetected.
[KATHLEEN.]
So, really, entering Steven's property from Kuss Road across the field is not guarded.
That's right.
There's really no police presence, apart from the excavation site at the cul-de-sac on Kuss Road.
[KATHLEEN.]
How long does the guard stay there on Kuss Road? Oh, I don't know.
Not for very long at all.
I mean, if you drove across, you could just drive across the field, which is what Steven says Mr.
Radandt did two weeks before Teresa disappeared, that he drove a pickup truck across the field, parked behind Steven's trailer, and just walked up and talked to him.
This is where I want to start with him.
I don't want to start just walking up and cross-examining.
So, we'll walk up, kind of be oriented, and then ask him to take us to where he was positioned when he saw the fire.
So, Eddie, the role I need you to play is to just listen to what he's saying, almost like you're a juror.
Would you believe this story that he's telling? [EDDIE.]
Do you think it's strange to meet at the deer camp? Yeah.
It was my idea.
I mean, because he's gotta show us this stuff, so [EDDIE.]
That could actually be where it happened.
Right? [KURT.]
I think it's a good idea.
It's a lot more disarming to be on the property.
He can't really, you know, lie to our faces if we're there.
Yeah.
And my I'm working I'd rather work off a theory and then have it disputed than just, you know, not have any theory.
So, I believe the killer plants the car and the killer plants the bones.
I do not believe the cops moved the car onto the property.
But if you're the killer and you're aware of when everyone's off the property, you move the car in on the 4th.
So, then you're in a situation where you think, "Ah, I gotta get more of her stuff over on Avery's property.
I gotta help the cops.
Because I'm watching it unfold, and I'm panicked, because they got Their dogs are coming to my property.
And I've got ambulances and cars all lined up on Kuss Road, so I am terrified.
So, what I do, I do make another trip over.
and I make the trip over with the bones, and then the cops are dumb enough, they immediately jump on the Avery bandwagon.
" [KATHLEEN.]
It's a perfect thing, the Averys are gone by the 5th and the property's blocked off.
And he's able to come and go.
[INDISTINCT CHATTER.]
[LAWYER.]
What I told him is, you guys can ride with us.
You tell me where you want to go to see something, he'll drive you there.
[KATHLEEN.]
Yeah, let's go first to where he is when he sees the fire.
That would help clear that up.
[INDISTINCT CHATTER.]
[KURT.]
Yeah.
May I shoot video? [KATHLEEN.]
Just so we can see, because we'll never be able to remember this from - [KATHLEEN.]
So, that's the conveyor road? - [KURT.]
Yes, I think [LAWYER.]
Here you can see Just pull ahead right here.
Follow those poles right through into Avery's property.
You can see that's one of the buildings of Avery's.
- [KATHLEEN.]
Yes.
Yes.
- [LAWYER.]
Alright.
That's their latest building.
That's the southeast side of their lot.
[KATHLEEN.]
OK.
OK, pull ahead and show them where you went.
So, he's coming up here that day.
[KATHLEEN.]
Yeah.
[JOSH RADANDT.]
Yep.
And I'm I'm thinking it was, like, right in this area.
[KATHLEEN.]
Yeah.
Where I just, you know, I caught it in the corner of my eye.
I didn't stop.
I just kept driving.
I didn't think anything of it.
[LAWYER.]
None of these little trees were here.
[KATHLEEN.]
OK, so that was clearer out there, right? [JOSH.]
It was clear.
The berm wasn't built up.
[KATHLEEN.]
It wasn't built up.
So, it's pretty much just straight you can see.
So, when you draw this map [JOSH.]
Yep.
[KATHLEEN.]
So, that's where the area you're seeing the flame? [JOSH.]
That was my guesstimation, yes.
[KATHLEEN.]
OK, so it's behind Like, that's Avery's trailer.
He's got that garage, and then his sister's place is right there.
So it's behind the [LAWYER.]
Just so you understand, he's guessing.
He doesn't see any barrel.
He doesn't see any pit.
He's guessing from his knowledge of where their buildings were.
You know? Roughly, this was his best guesstimate at that time.
[KATHLEEN.]
When you give this statement, you actually go over there on the 5th, right, to give the statement? [JOSH.]
The 5th, we were up at the hunting grounds.
[KATHLEEN.]
OK, and they came and got you.
[JOSH.]
That's when they came and asked if we had seen anything.
[KATHLEEN.]
Do the cops ever come back and ask you any more about that? Like, when you saw it and - [JOSH.]
Uh, the fire, you're saying? - [KATHLEEN.]
Yeah, yeah.
[LAWYER.]
Sure, tell them.
[JOSH.]
They did.
And actually, I was getting frustrated at a point because it's almost as if they wanted me to change what I had actually seen.
And I said, "What kind of fire do you want me to tell you I saw?" [KATHLEEN.]
Did you get any sense what they want Did they want you, do you think, to say it was a bigger fire, or ? - [JOSH.]
Can I answer? - [LAWYER.]
Sure.
- [JOSH.]
I think so, yeah.
- [KATHLEEN.]
Yeah I do, because by that time I believe by that time, there was so much on TV already about the bigger fire, in my opinion, I knew what they were trying to get at.
In my gut, I didn't see that.
[KATHLEEN.]
What I'm thinking is, if we show you our map, of where pelvic bones were supposedly found [KURT.]
The bottom one is 2005, so hopefully that'll give you an idea of where those were located.
[JOSH.]
Yeah, that's on Manitowoc County's property.
[KATHLEEN.]
Is it? [LAWYER.]
This one is certainly Manitowoc County.
[KATHLEEN.]
So, that's Manitowoc.
And could From there, they could've sneaked over, don't you think, to the conveyor road? [LAWYER.]
Sure.
You can He can show you the road.
You can come right up the road.
You can come here.
[KATHLEEN.]
Yeah.
[LAWYER.]
And come right up this way.
[KATHLEEN.]
And do it that way.
[JOSH.]
These yellow posts are the property lines between ours and Manitowoc County.
[KATHLEEN.]
So, the bones are back there.
[KURT.]
Yeah, I believe they're south and east of here.
So, looking at that picture there, there was a road right there.
[KATHLEEN.]
Yeah.
[JOSH.]
You can't really see it anymore, but it was in this general area.
- You can see where the tubes are.
- [KATHLEEN.]
Yeah.
[JOSH.]
That's blocked off now, but at the time, you could drive right through.
[KATHLEEN.]
OK.
[LAWYER.]
That's where the county pit was.
[JOSH.]
Is there something you want to see on Kuss Road at all, or ? [KATHLEEN.]
what time it is.
So, I understand with the scent dogs is even your car, they can track it.
So, those scent dogs were the ones that came in around this way and went to the conveyor road.
They told me exactly the way that their theory was of the way they thought the car came, which was through the field, down Kuss Road, past the hunting cabin, into the pit, and then through by conveyor [KATHLEEN.]
Did they think that Avery drove it, do you think? They didn't say that to me.
[KATHLEEN.]
OK, but they knew that the car came off of Avery's property was brought around, they were claiming, through yours.
That's what they told me.
[KATHLEEN.]
Which matches the dog tracks.
[KATHLEEN.]
The pelvic bones are not on his property, they're on Manitowoc County's property.
He was also told, he thinks by the Wisconsin Department of Justice investigators, that they were very confident that Teresa's car had been on Kuss Road and been driven into the deer camp and then to the conveyor belt road and crossed over into the Avery property.
So, the thing that's so huge about that disclosure is that's a major Brady violation that was never reported to the defense.
Steven was convicted on a theory that he moved the car from his trailer to the southeast corner of the Avery property without leaving the Avery property.
[KATHLEEN.]
When the prosecution has withheld evidence that would have been favorable to the defense, it's a constitutional violation.
It is the violation that is most likely to vacate a conviction.
I still believe that whoever got in there with the car had some knowledge of the property the sand and gravel to enter.
But now I don't know if the police maybe are responsible for bringing the car in.
And they'd also be responsible for bringing the bones in.
[KATHLEEN.]
I guess the cops just thought Steven didn't matter.
I want them all to know that he matters, that they're gonna regret the day they planted the evidence.
[THEME MUSIC PLAYS.]
Yesterday Yesterday I was at rec.
I was coming back from rec, and a dragonfly almost landed on my shoulder.
[BARB.]
Oh, yeah? [BRENDAN.]
Yeah.
Me and this other guy were talking, and it just landed on me.
[SCOTT.]
Yeah, but that's your symbol, Brendan.
[BRENDAN.]
Yeah, I know.
[BARB.]
That means change is coming.
[BRENDAN.]
Yeah.
[DOG BARKING.]
[LAURA.]
People are used to not having hope.
And when suddenly a door opens and there is light and there is this possibility, and people start thinking, you know, "Maybe I'm gonna get my baby back.
" That's a very hard moment in a case because that's when emotions start to run high.
The rediscovery of hope can be a really hard moment.
Brendan's been incarcerated for ten years, and suddenly he gets a whiff of what it might mean to be free.
In a way, this moment is almost crueler than the wait, because now there's hope that could still be taken away.
You know, prosecutors dedicate their lives to putting people behind bars, but the fascinating thing is, the prosecutors never get a chance, or rarely get a chance, to actually talk to those people.
They really are, sort of, names on a page to them.
And that's how the system is designed, you know? But they never get the chance to see the humanity in people.
One of the defense attorney's credos is, "You are more than the worst thing you've ever done.
" And in Brendan's case, you know, more than the worst thing you didn't do.
[THEME MUSIC PLAYS.]
[STEVEN.]
Only Lynn's in my mind now.
Next month, she'll be up to see me.
And that'll be the first time I met her in person.
With Lynn, I feel everything is there.
She wants somebody where she can relax for the rest of her life, you know, with a good man.
No arguing, no fighting, no nothing.
Just by that, you know, that's what I want.
I want somebody who's gonna be there, who loves me, and will take it all the way to the end.
When you get involved with me, you got a lot of attention and all this other stuff, and I asked her about that sometimes.
I just tell her, "Don't worry about what everybody's saying on the Internet.
" [CHRIS SPARGO.]
Steven has become the world's strangest sex symbol.
He's receiving, according to some reports, up to 40 letters a week in prison from women lining up to be his next wife.
Steven Avery became engaged to this beautiful, statuesque blonde.
They began speaking through love letters to one another and then they started talking [CHRIS'S VOICE FADES.]
The last few months have been more difficult than our relationship over the years.
And most of it is because of these women.
And I've tried to be understanding and realize that he's never had this before, he's never had this attention before, and just try to sit back and let it happen, whatever he wants to do about this.
But I try to protect him, and I try to I say, "I've been protecting you for over ten years, and I'm still doing it.
" You know, trying to protect him from the people out there that don't have good motives.
[STEVEN.]
I'm kind of lost right now with Sandy.
She tells me that she loves me, and she was sorry for what she did, you know, trying to break it off and everything else, and I don't know.
It's hard for me that I know that she's hurting.
You know, I want to be Sandy's friend forever.
Because she helped me, so I want to help her.
OK.
That's good.
[SIGHS.]
I never had so many flowers.
Wait.
Where's my glasses? I think they're in the car.
Oh.
[BRITTANY.]
Are these all birthday cards? Yeah.
So [BRITTANY.]
Wow.
[DOLORES.]
This is from Steven.
"Happy birthday, Mom.
I love you and miss you a lot.
I will be home OK.
" Wait.
"Home soon.
" "I love you, Mom.
You are the best mom in the world.
I love you, Mom.
It will be better in 2017.
" - I love you.
- I love you, too.
Bye.
Happy birthday.
Yeah, thank you.
- Tell Steven I say hi.
- Yeah.
It's a great day today.
We're going to see Steven.
Oh, look at your hair! That's so cute.
[KAYLA.]
Did you go get your prescription filled that I told you to go get filled? - [DOLORES.]
Yep.
- [KAYLA.]
Alright.
[KAYLA.]
You took one this morning? [DOLORES.]
No, not the pain one, I didn't.
But I maybe took that other one, what I had before.
- I can't take both of them for pain.
- [KAYLA.]
No.
No, you'd be wacky tabacky.
[DOLORES.]
Yeah.
Today's not the day I want to get wacky.
[KAYLA LAUGHS.]
No.
Steven will look at you like, "What is wrong with you?" [LAUGHING.]
[WOMAN.]
Hi, can I help you? [KAYLA.]
Hi.
Can I get a Sausage McMuffin with egg, with no cheese? Don't take all that out.
I counted that this morning.
How much is in here? Right about 12, 13, 14 [LAUGHING.]
I don't know.
[KAYLA.]
Oh, yeah, that's a watch.
I wonder.
Here.
[DOLORES.]
I can't take that in there.
[KAYLA.]
You could probably take this bracelet in there.
- [DOLORES.]
No.
- [KAYLA.]
No? Well, a lot of people are wishing you a happy birthday.
These are the pictures that I posted.
- I got my tongue out? - [KAYLA LAUGHS.]
Yeah.
[DOLORES CHUCKLES.]
Oh, my God.
[KAYLA.]
Come on.
[DOLORES.]
Oh, my God.
- [KAYLA.]
You steady? - Yeah.
Make sure the door's locked.
[BARB.]
So, are you ready to come home? [BRENDAN.]
Yeah, I am.
[BARB.]
Yeah.
I'm ready, too.
[BRENDAN.]
Yeah.
The State has until September 11th to say that they're gonna appeal the case or let me go.
- [BARB.]
Really? - [BRENDAN.]
Yeah.
We should hear something on the news, right? - [SCOTT.]
Yep.
- [BARB.]
Yeah.
[BRENDAN.]
The only way that they can appeal it is, like they don't think the judge did a sound job on his decision or whatever, but I read it, it sounded sound to me.
[BARB.]
So, your attorneys are gonna call me, too, right? [BRENDAN.]
Yeah, they said they're gonna let you know if anything happens or whatever.
[BARB.]
OK.
Mom can't wait.
[DOG BARKING.]
[BRENDAN.]
Yeah, I can't, either.
So far, I got about one-and-a-half boxes full of my property, so [SCOTT.]
You're cleaning house, huh? [BRENDAN.]
Yeah, like dominoes.
I could probably donate that to the unit.
[BARB.]
Well, don't give it all away yet.
[BRENDAN.]
Yeah, I know.
I'll wait until they, like, say that I'm going home or whatever they'll say.
I'll ask them if I can donate it to the unit.
Brendan's odds of getting a successful habeas corpus petition were low, and I was surprised by Judge Duffin's ruling.
So, I guess that's Brendan's good fortune.
Judge Duffin took a few potshots at me.
His comments about my performance, on certain things being indefensible, I respectfully disagree.
So, in a sense, I was relieved that he found that the portions that were alleged to be ineffective were not valid arguments for giving Dassey a new trial.
And I was kind of relieved that he found that there was a legitimate issue on the voluntariness of the confession.
[LEN.]
I mean, I'm the one that laid the foundation for that.
I filed the motion to suppress.
We litigated it pretty thoroughly, including the school psychological records and the transcript of the interrogation and so forth.
So, I thought I did my job.
[CAT MEOWS.]
The man who prosecuted the cases against Steven Avery and Brendan Dassey is speaking exclusively to Action 2 News.
Emily Matesic sits down with Ken Kratz, who told us about his reaction to the overturned conviction.
[EMILY.]
Like many following the cases against Steven Avery and Brendan Dassey, former Calumet County District Attorney Ken Kratz, who led the prosecution of both men, was surprised to hear Dassey's conviction had been overturned by a federal magistrate.
To be sitting on the sideline with the rest of the citizenry and only being able to sit back and just hear what happens from the news agencies or something else is an awkward, uncomfortable position for me, personally.
[EMILY.]
If it were up to him, Kratz says the logical thing to do is file an appeal.
[LAURA.]
The State has three basic options right now.
First, they could release Brendan, and that could happen at any time.
Their second option is to initiate a retrial of Brendan.
If they choose to do that, they have to begin those proceedings within 90 days.
And then their third option would be to appeal this ruling that just came down, granting Brendan's petition for a writ of habeas corpus.
If they do appeal that ruling, then everything else gets put on hold while that appeal goes forward.
[NEWSCASTER.]
In a tweet last month, Kathleen Zellner promised, "a tsunami of new evidence is on the way.
" Through her tweets, Zellner hints at her case: planted evidence, cell phone tower records and DNA samples.
She even hints at a new suspect.
Zellner is expected to file a motion in the case as early as Thursday.
Supporters of Steven Avery waiting outside the Manitowoc County Courthouse for a second day, waiting to hear appeals lawyer Kathleen Zellner's alternate theory of the death of Teresa Halbach.
[REPORTER.]
The small crowd gathering at the Manitowoc County Courthouse is hopeful, hopeful that tweets and Facebook posts have some truth, and Steven Avery's attorney, Kathleen Zellner, is coming to town.
No sign of Zellner today.
It didn't happen today.
We'll have to wait until tomorrow to see if Avery's attorney, Kathleen Zellner, will be filing a new motion in the case.
I will be here tomorrow morning, bright and early at 8:30, when the courthouse opens.
Reporting live in Manitowoc, Gabrielle Mays, Fox 11 News.
You can't disrupt this office.
We are open for business.
We're just gonna go in order.
One camera crew at a time.
[OVERLAPPING CHATTER.]
- Three, four, five, six, seven - [CAMERAMAN.]
Like you're talking.
- Like I'm talking on TV or just talking? - [CAMERAMAN.]
Yeah.
[KATHLEEN.]
I think the best thing is maybe if we pull in the parking lot.
Then we've got to get out, though, and walk further.
[EDDIE ZEGAR.]
What if I just drop you off in front of [KATHLEEN.]
See, the problem is, they're just gonna mob me.
I think what we do is pull in next to Scott in the parking lot and then we get out.
One guy in front, two on either side, and I'm in the middle.
It's like a little triangle, and we're inside of it, right? [EDDIE.]
That's how Elvis used to come into the concert.
- Really? - [EDDIE.]
Yeah.
They had him surrounded by guys.
Yeah, that's what you do.
It's like [EDDIE.]
So you're Elvis? I'm Elvis now.
[BOTH LAUGH.]
It's ridiculous.
[KATHLEEN.]
When I did a case once in Indiana, it was so crazy, they were climbing on the car.
[LAUGHING.]
I'm so excited! [WOMAN.]
Give me a hug.
I'm Steven's cousin, yes.
And I can't get this smile off my face.
I am so excited.
I'm so happy.
I will stand behind Steven 110 percent, until the end.
Free them! Innocent! - [COLLEEN HENRY.]
Welcome to Wisconsin.
- Yes, thank you.
What are you here to do? Uh, there we go.
OK.
What am I here to do? I'm here to file a motion for new scientific testing.
Can you talk about what kind of Is this DNA? Are you talking about the testing on the preservative that was related to No, no, there's many more tests.
Let me file it and I'll come back out and we can talk.
- Did you bring extra copies, by chance? - We did.
Excellent.
You're a pro, I guess.
[COLLEEN.]
This is something that you could've done via fax, I understand from the clerk.
Is there a reason you felt it was important to be here today? [KATHLEEN.]
Yes.
It's such an important motion for the case.
[COURT GUARD.]
Back up a little.
[SCOTT PANEK.]
Room, please.
[WOMAN.]
Thank you, Kathleen.
[KATHLEEN.]
Hello.
I'm Kathleen Zellner.
Yeah, nice to meet you.
OK, so, we want to get a bunch of - That's the original.
- That's the original? OK.
This one doesn't have It's We lost the cover.
[CLERK.]
Doesn't matter.
Yeah.
We'll take it with us.
[REPORTER.]
What did you just file? [KATHLEEN.]
We just filed a motion for new scientific testing.
Why don't I go out instead of being pinned in here? - [COURT GUARD.]
Probably outside is best.
- Yeah, don't you think? Yeah.
[KATHLEEN.]
Yeah, let's just go back outside.
[REPORTER.]
Can you say something [KATHLEEN.]
Let's go outside, OK? So we're not interfering with court business.
[OVERLAPPING CHATTER.]
Is everyone out? Yeah, step back.
Everyone step back.
Come on.
OK.
So, your question probably is, "What did I just file?" I filed a motion for new scientific testing on the Steven Avery case.
We're requesting to test dozens of items from the crime scene.
I think this will be the most comprehensive testing motion ever filed in the state of Wisconsin, probably one of the most comprehensive motions ever filed in the United States.
There were many, many items that should've been DNA-tested that weren't.
So, for us, the case is amazing, how much forensic evidence there is that can be tested.
For the public, I think the most reassuring thing is that we are gonna get to the bottom of who killed Teresa Halbach.
And we firmly believe that we will establish that it was not Steven Avery.
So, anyway, that's all I have to say.
We have copies, though.
You have copies? Why don't you hand those out? - [REPORTER.]
Thank you, Miss Zellner.
- Yes.
You'll enjoy reading it.
If the tests come back and it shows that that blood is from 2005 Gee, that'll be the risk that we're taking.
Every client I represent, I tell them, "You want to be innocent when you hire me because I'll get to the bottom of it with the testing.
" So, Mr.
Avery has encouraged us to do all of these tests.
But remember, there are a lot of things planted in this.
So we're not just talking blood, we're talking buccal swabs.
There's a lot of different variations on this.
Um, so, that's the problem.
If you do something If you did plant the evidence, that science is gonna catch up with you, and that's what we're gonna see in this.
So you're gonna have to wait until everything is back before Steve can even be considered to be released? I don't imagine it will take that long once we get the tests because he never made any incriminating statements.
- That's right.
- Alright? So, you're down to the evidence at the crime scene.
You're down to the key, the hood latch, the blood in the RAV and the bullet.
[REPORTER.]
Does this go to a hearing? Do you know - OK, let's go.
I gotta go.
- [KURT.]
No more questions.
Bye-bye.
See you soon.
- Miss Zellner? - Yeah.
- I'm Steven's cousin, Kim.
- Oh, hi.
Nice to meet you.
- You, too.
- [KATHLEEN.]
Yeah.
- Thank you so much for everything.
- OK.
[KATHLEEN.]
We'll just let the science tell us.
No need to be speculating.
- Kathleen, can I just give you this? - [MAN.]
Here, I got it.
I'm Brad Davis, Dateline NBC.
- You've been speaking with Andrea Canning.
- Sure, OK.
- I just wanted to introduce myself.
- Yeah, OK.
You got the motion.
Thanks.
[INDISTINCT CHATTER.]
[STEVEN.]
If there's a test, I want it done.
The tests will tell the truth.
When you're innocent, you want everything done.
You ain't scared of nothing.
- [BRENDAN.]
Hello? - [BARB.]
Hello, dear.
How you doing? - [BRENDAN.]
I'm doing alright.
- [BARB.]
OK.
[BRENDAN.]
Nothing on the news today? [SCOTT.]
Sure was.
[BARB.]
Yeah.
They're appealing it.
[BRENDAN.]
I didn't see it on the news.
Must've missed it, then.
What channel was it on? [BARB.]
Channel 2, Channel 11 [NEWSCASTER.]
Brendan Dassey will not be leaving prison anytime soon.
[SECOND NEWSCASTER.]
Wisconsin Attorney General Brad Schimel filing an appeal in federal court challenging a judge's ruling which overturned Dassey's conviction and prison sentence.
Attorney General Brad Schimel says he believes the federal court decision to overturn Dassey's conviction is wrong.
[THIRD NEWSCASTER.]
Attorney General Brad Schimel called the decision to overturn the conviction, "wrong on the facts and wrong on the law," citing two previous state court rulings that upheld Dassey's confession.
The decision is now in the hands of the 7th Circuit Court of Appeals in Chicago.
Schimel says the Halbach family supports the appeal.
[BRENDAN.]
They don't got nothing on me.
They should just frickin' let me go.
[BARB.]
The State knows that you're innocent.
They're just fucking you, that's all.
They're probably gonna just try holding you until as long as they can.
I'll call Laura later and find out what's what.
I just I want [SCOTT.]
There's just been too much shit, Brendan.
[BARB.]
Yeah.
The news media and all that.
I had to get out of the house.
[BRENDAN.]
Aren't you going up north? - [SCOTT.]
We're sitting here right now.
- [BARB.]
We're sitting here.
[BARB.]
I didn't even take a shower.
I grabbed my shit and out the door we went.
[BRENDAN.]
Yeah.
[BARB.]
You hang in there, OK? - [BRENDAN.]
I will.
- [SCOTT.]
It'll get better.
[BRENDAN.]
Yeah.
I was hoping it would come true that I'd wake up and he'd be right there.
You know, like a surprise.
They get your hopes up and then they slap you in the face again.
Feels almost as bad as the first time.
We're asking Judge Duffin to grant Brendan bond, to give him his freedom during the State's appeal.
The court will be looking at a number of factors: whether the State is likely to succeed in its appeal, whether Brendan will be harmed if he's kept in prison during the appeal, whether Brendan is a danger to society, whether he's a flight risk, whether he's somebody that the court needs to worry about or not.
Laura Nirider, Brendan's attorney, came to me about writing a release plan in Brendan's case in connection with a motion for bond that she was filing.
My role is to help Brendan and his family address the challenges that Brendan may face when he is released.
And I think it is also a way to help the court feel comfortable knowing where he is going to be sleeping, living, who he's going to be with, the types of programming he's going to be involved in.
[BRENDAN.]
I might have to get a job at first, though, right? [BARB.]
We'll see.
You know you're gonna have to go, like, to therapy and stuff.
- [BRENDAN.]
Yeah? - [BARB.]
Yeah.
[BRENDAN.]
How often would that be? Once a month? [BARB.]
I don't know, hon.
It depends on how well you take to the outside.
You're used to their system, how they run things there.
Out here, you can do what you want.
You don't have to ask somebody to do it, you know? [BRENDAN.]
I gotta stay with you guys, you know, after I get out, if I get out on that appeals bond.
[BARB.]
Well, you should ask her about it.
Most wrongfully convicted individuals have a distrust of the system, or of people in general, and it takes time to be able to build that trust up again due to the injustices that they've had to suffer.
And what is unique about Brendan is that he has trust.
He's able to develop relationships with others, and he seems to be trusting of others very easily.
[BRENDAN.]
I had a dream that I was at the courthouse there in Milwaukee, 'cause that's where Magistrate Duffin is from.
And Mike Halbach and his mom were in the elevator.
[BARB.]
Really? [BRENDAN.]
Yeah.
And he said something, and then I said, "Déjà vu.
" He's like, "What did you say?" [LAUGHS.]
[BARB.]
Huh.
[BRENDAN.]
Yeah, it's weird.
That's, like, the first dream I remember from for a while.
If the Halbachs could meet Brendan and speak with him, I think they would think differently.
- [SCOTT.]
Have a change of heart.
- Have a change of heart.
When this all went down, I asked Mark Wiegert, how many times, if I could speak with Teresa's mom, Karen.
- They wouldn't let her.
- And they wouldn't let me.
He's gotten pictures, books, banners from all over the place.
And when he does come home, he's got a big 43-inch.
Because somebody bought him a flat-screen TV.
Right there.
This, also, somebody made him.
Yeah, this will be his room after a while.
[ROBERT DVORAK.]
The State obviously has an interest in protecting the public.
The public has an interest in being protected.
However, the habeas statute relating to bail creates a presumption that if a habeas is granted that the person should be released.
So, there's a presumption in favor of release.
When the motion for release on bail was filed, part of that motion, for example, we included Brendan's prison records.
And it showed that for the 16-year-old that went to prison, and has been in prison for ten years, he had three minor violations.
One was for having an extra packet of ramen noodles.
One was for having some Scotch tape on a checkerboard.
One was using a prison form to keep score of a card game they were playing.
He was described as someone who was cooperative with staff.
Um, there have been zero problems with this kid.
I mean, the case law is clear in terms of impact on Brendan.
Any day that someone spends in prison that he shouldn't be in prison, that person suffers irreparable harm.
I love this drive over to the prison.
I've never seen so much agriculture.
It's beautiful.
[CLEARS THROAT.]
At first, I felt compelled, deeply compelled, to contact him and try to offer some kind of support for him while he was in this situation.
And after the first letter, he got back to me and asked if I would like to receive phone calls from him.
To be honest with you, had I not been in the situation that I was in, I was going through a divorce He was offering support to me, and I needed that at that time.
In any other circumstance, I would not have been looking for a pen pal in prison, of course.
Especially since my ex-husband is a law enforcement officer of 30 years.
So, it was like, the exact opposite of what my life was before.
I don't even know if I'll get in there without crying first.
It's so hard to leave him there knowing they're gonna take him back to this five-by-five cell for something he hasn't done.
It's not right, and that the the person who committed this crime is still out there.
He needs my help.
He needs everybody's help.
I wanted to be a part of it.
I don't really know how to explain it.
I just I knew in my soul it was gonna be a part of my life.
And I knew that if there was another season of the documentary, that I was going to be in it as Steven's girlfriend.
[WOLF WHISTLE.]
[CAR HORN HONKS.]
[STEVEN.]
The first moment that I saw her, I felt that my feelings with all of that was right.
I gave her a hug, a big kiss, you know, big French kiss.
Everything felt good.
I feel when I look in her eyes that she had a bad life just like me.
It's been taken from her, and mine's been taken from me.
I never felt like this that I feel with her.
[NEWSCASTER.]
Steven Avery, the star of the Netflix docuseries Making a Murderer, is engaged to be married.
The 53-year-old has been exchanging letters and phone calls with Las Vegas legal secretary Lynn Hartman for eight months.
Their relationship has been kept secret because Hartman was threatened online by people claiming she was only marrying Avery for fame and money.
- [BRENDAN.]
Hello? - [BARB AND SCOTT.]
Hello.
- [BRENDAN.]
Yeah? - [SCOTT.]
What are you doing? [BRENDAN.]
My show is on, Lethal Weapons.
Oh.
So you're saying you're gonna cut us short tonight, huh? [BRENDAN.]
I told you I was gonna call you, so the call is more important.
You're right.
[DOG BARKING.]
[SCOTT.]
So, what else is new? [BRENDAN.]
Today someone told me that someone was selling my letters.
And then, looks like one of them sold for, like, $200.
That's not good.
Yeah, that's not good at all.
[BRENDAN.]
Yeah.
And you know, the weird thing is that that letter is not one that I wrote because I never swore in any of my letters, and there was two swear words in there.
So, if anybody asks, I could just say, "That's not mine.
It must be someone else.
" It just proves that that person was just in it for the money.
[AUTOMATED VOICE.]
One minute left.
[SCOTT.]
Holy Christ.
That wasn't [BRENDAN.]
It can't be 15 minutes.
It wasn't.
Can you call back? I don't think he's gonna be able to.
I forgot to put money on the account.
You said you had $8 left, didn't you? [BARB.]
Yeah.
[BRENDAN.]
Oh, yeah, I called you twice before.
- Try.
- [BRENDAN.]
I love you, just in case.
- I love you, too.
Um - Love you, too.
[BRENDAN.]
I'll try to call you on Friday.
Alright.
[STEVEN.]
There's too many troublemakers in this shit.
Oh, there's troublemakers there? [STEVEN.]
No, there's troublemakers out there.
Oh, out here? [STEVEN.]
Yeah.
I just sit here and all the chaos comes.
Because they gotta get on that Internet and talk.
If it ain't one person, it's another one.
Lynn, Lynn, Lynn, Lynn.
Nobody likes her.
Everybody wants to get in my life.
This is my life, it ain't theirs.
Yeah.
Barbara had Brendan taken Everybody taken off of Brendan's visitor.
And now he just sits there.
[STEVEN.]
Yeah? Well, sometimes that's better.
Oh, I don't know.
[STEVEN.]
Well, I do know.
Oh, yeah? [STEVEN.]
Yeah.
The day I get out, I'm gonna get my license and I'm going to her.
I ain't throwing this away.
I don't know.
[STEVEN.]
Well [DOLORES.]
I sit home by myself.
- [STEVEN.]
Yeah.
- [DOLORES.]
With the dogs.
Yeah.
Everybody says, "Walk, walk, walk, walk.
" Well, when you can't walk, how do you walk? [STEVEN.]
Yeah, you can't.
No.
[STEVEN.]
No, it hurts.
How's your body? Does it hurt? [STEVEN.]
My knee once in a while.
- Oh, yeah? - Yeah.
[DOLORES.]
Yeah, but you ain't 80 years old, either.
[STEVEN.]
There are people 100 years old.
No way.
Yeah.
No.
[AUTOMATED VOICE.]
One minute left.
[STEVEN.]
Yeah, so we got less than a minute, so - Yeah.
- Yeah.
And I don't care what anybody says.
Love is hard to come by.
Well That's right.
Well, I give you mine.
- Yeah.
- My other half.
Yeah? Yeah.
[AUTOMATED VOICE.]
Thank you for using - I love you.
- I love you, too.
Bye.
[AUTOMATED VOICE.]
Good-bye.
[PHONE BEEPS.]
[ANNOUNCER.]
The woman engaged to Making a Murderer's Steven Avery.
There are a lot of people that want to help him that don't want to marry him.
- [ANNOUNCER.]
Should she be afraid? - I can't do this anymore.
[ANNOUNCER.]
With a surprise phone call from prison.
[DR.
PHIL.]
He's on the line now.
Oh, my God.
[STEVEN.]
I called her, and then they had me all set up with Dr.
Phil.
It was kind of a I don't know, kind of like a setup, I guess.
It kind of hurt a lot.
And after that, when I called her, she wasn't herself.
I said, well, she's making money, and she said it was none of my business.
I got a hunch that her and her daughter set this up where they could get some money out of me and my feelings and my love.
Brought me in and then threw me away.
You know, and I never felt like that ever in my life.
[NEWS FANFARE PLAYS.]
[ANNOUNCER.]
She's trying on a wedding dress for a wedding that never was or will be.
Lynn says the advice she got from Dr.
Phil kept her from going through with the marriage.
Lynn wrote her fiancé a "Dear Steve" letter.
"I cannot continue to be involved with you because there is so much negative for me.
I can't do this anymore.
" She says he did not take it well.
[LYNN.]
I had to end the relationship because I saw signs in his personality that concerned me.
[ANNOUNCER.]
Lynn says she's now in fear for her life.
Once, she worked to help free Avery.
Now she hopes he never gets out of jail.
[KATHLEEN.]
While I'm waiting for the response from the prosecution to my motion for scientific testing, I want to keep the rest of my investigation going.
What we want to do is try to figure out who had the opportunity to get the bones back on the property.
So, Kurt, I think what you did you did an overview map.
[KURT.]
Specifically on this map, we've highlighted where the pelvic bones were recovered.
Those are in relationship to the deer camp.
The deer camp is off of Kuss Road, correct? - [KURT.]
Yes.
- [KATHLEEN.]
So, those appear to be, what, south? [KURT.]
Yes.
[DEAN STRANG.]
You found in the material from the quarry pile two fragments that appeared to you, in your experience, to be pelvic bone.
- Is that right? - That's correct.
You suspected them of being human pelvic bone.
- Am I understanding you correctly? - [LESLIE.]
Yes.
You still suspect them of being human pelvic bone? - Suspected possible human.
- Right.
I mean, you found some burned bone from all three sites.
The quarry pile, the Janda burn barrel, Steven Avery's garage area.
[LESLIE.]
Uh, that's correct.
And of the burned bone that you found, the condition was roughly similar in all three sites.
That is correct.
[DEAN.]
That's all.
[KATHLEEN.]
Where the pelvic bones are found, does that look like a burn site, or do they seem to just be put there? No one notes anything that there's no burn barrel nearby, they don't know that there's any ashes or anything on the ground.
How do you think that happened? An open container, possibly in a vehicle [KATHLEEN.]
Maybe they're stumbling in the dark? Or on foot.
Like, if you were in a panic and Um, didn't they also confirm those bones had been cut? They could see cut marks on those? Yeah, there are cut marks on those.
There's also cut marks on bones in the burn barrel.
- So strange.
- [KURT.]
It is strange.
So, Kurt, go through where the stations are when they block off the property.
They maintain a command post where Avery Road meets the east-west road that goes out to Barb and Steve's, as well as a squad car situated on the conveyor road and by where the RAV was recovered.
And then, of note, the guard situated in the northwest portion of the Avery property, he's actually east of Steven's trailer, so he was to the front of it, which means that it is possible to be behind the trailer or behind the garage without being in a visual line of that officer.
You could potentially be there undetected.
[KATHLEEN.]
So, really, entering Steven's property from Kuss Road across the field is not guarded.
That's right.
There's really no police presence, apart from the excavation site at the cul-de-sac on Kuss Road.
[KATHLEEN.]
How long does the guard stay there on Kuss Road? Oh, I don't know.
Not for very long at all.
I mean, if you drove across, you could just drive across the field, which is what Steven says Mr.
Radandt did two weeks before Teresa disappeared, that he drove a pickup truck across the field, parked behind Steven's trailer, and just walked up and talked to him.
This is where I want to start with him.
I don't want to start just walking up and cross-examining.
So, we'll walk up, kind of be oriented, and then ask him to take us to where he was positioned when he saw the fire.
So, Eddie, the role I need you to play is to just listen to what he's saying, almost like you're a juror.
Would you believe this story that he's telling? [EDDIE.]
Do you think it's strange to meet at the deer camp? Yeah.
It was my idea.
I mean, because he's gotta show us this stuff, so [EDDIE.]
That could actually be where it happened.
Right? [KURT.]
I think it's a good idea.
It's a lot more disarming to be on the property.
He can't really, you know, lie to our faces if we're there.
Yeah.
And my I'm working I'd rather work off a theory and then have it disputed than just, you know, not have any theory.
So, I believe the killer plants the car and the killer plants the bones.
I do not believe the cops moved the car onto the property.
But if you're the killer and you're aware of when everyone's off the property, you move the car in on the 4th.
So, then you're in a situation where you think, "Ah, I gotta get more of her stuff over on Avery's property.
I gotta help the cops.
Because I'm watching it unfold, and I'm panicked, because they got Their dogs are coming to my property.
And I've got ambulances and cars all lined up on Kuss Road, so I am terrified.
So, what I do, I do make another trip over.
and I make the trip over with the bones, and then the cops are dumb enough, they immediately jump on the Avery bandwagon.
" [KATHLEEN.]
It's a perfect thing, the Averys are gone by the 5th and the property's blocked off.
And he's able to come and go.
[INDISTINCT CHATTER.]
[LAWYER.]
What I told him is, you guys can ride with us.
You tell me where you want to go to see something, he'll drive you there.
[KATHLEEN.]
Yeah, let's go first to where he is when he sees the fire.
That would help clear that up.
[INDISTINCT CHATTER.]
[KURT.]
Yeah.
May I shoot video? [KATHLEEN.]
Just so we can see, because we'll never be able to remember this from - [KATHLEEN.]
So, that's the conveyor road? - [KURT.]
Yes, I think [LAWYER.]
Here you can see Just pull ahead right here.
Follow those poles right through into Avery's property.
You can see that's one of the buildings of Avery's.
- [KATHLEEN.]
Yes.
Yes.
- [LAWYER.]
Alright.
That's their latest building.
That's the southeast side of their lot.
[KATHLEEN.]
OK.
OK, pull ahead and show them where you went.
So, he's coming up here that day.
[KATHLEEN.]
Yeah.
[JOSH RADANDT.]
Yep.
And I'm I'm thinking it was, like, right in this area.
[KATHLEEN.]
Yeah.
Where I just, you know, I caught it in the corner of my eye.
I didn't stop.
I just kept driving.
I didn't think anything of it.
[LAWYER.]
None of these little trees were here.
[KATHLEEN.]
OK, so that was clearer out there, right? [JOSH.]
It was clear.
The berm wasn't built up.
[KATHLEEN.]
It wasn't built up.
So, it's pretty much just straight you can see.
So, when you draw this map [JOSH.]
Yep.
[KATHLEEN.]
So, that's where the area you're seeing the flame? [JOSH.]
That was my guesstimation, yes.
[KATHLEEN.]
OK, so it's behind Like, that's Avery's trailer.
He's got that garage, and then his sister's place is right there.
So it's behind the [LAWYER.]
Just so you understand, he's guessing.
He doesn't see any barrel.
He doesn't see any pit.
He's guessing from his knowledge of where their buildings were.
You know? Roughly, this was his best guesstimate at that time.
[KATHLEEN.]
When you give this statement, you actually go over there on the 5th, right, to give the statement? [JOSH.]
The 5th, we were up at the hunting grounds.
[KATHLEEN.]
OK, and they came and got you.
[JOSH.]
That's when they came and asked if we had seen anything.
[KATHLEEN.]
Do the cops ever come back and ask you any more about that? Like, when you saw it and - [JOSH.]
Uh, the fire, you're saying? - [KATHLEEN.]
Yeah, yeah.
[LAWYER.]
Sure, tell them.
[JOSH.]
They did.
And actually, I was getting frustrated at a point because it's almost as if they wanted me to change what I had actually seen.
And I said, "What kind of fire do you want me to tell you I saw?" [KATHLEEN.]
Did you get any sense what they want Did they want you, do you think, to say it was a bigger fire, or ? - [JOSH.]
Can I answer? - [LAWYER.]
Sure.
- [JOSH.]
I think so, yeah.
- [KATHLEEN.]
Yeah I do, because by that time I believe by that time, there was so much on TV already about the bigger fire, in my opinion, I knew what they were trying to get at.
In my gut, I didn't see that.
[KATHLEEN.]
What I'm thinking is, if we show you our map, of where pelvic bones were supposedly found [KURT.]
The bottom one is 2005, so hopefully that'll give you an idea of where those were located.
[JOSH.]
Yeah, that's on Manitowoc County's property.
[KATHLEEN.]
Is it? [LAWYER.]
This one is certainly Manitowoc County.
[KATHLEEN.]
So, that's Manitowoc.
And could From there, they could've sneaked over, don't you think, to the conveyor road? [LAWYER.]
Sure.
You can He can show you the road.
You can come right up the road.
You can come here.
[KATHLEEN.]
Yeah.
[LAWYER.]
And come right up this way.
[KATHLEEN.]
And do it that way.
[JOSH.]
These yellow posts are the property lines between ours and Manitowoc County.
[KATHLEEN.]
So, the bones are back there.
[KURT.]
Yeah, I believe they're south and east of here.
So, looking at that picture there, there was a road right there.
[KATHLEEN.]
Yeah.
[JOSH.]
You can't really see it anymore, but it was in this general area.
- You can see where the tubes are.
- [KATHLEEN.]
Yeah.
[JOSH.]
That's blocked off now, but at the time, you could drive right through.
[KATHLEEN.]
OK.
[LAWYER.]
That's where the county pit was.
[JOSH.]
Is there something you want to see on Kuss Road at all, or ? [KATHLEEN.]
what time it is.
So, I understand with the scent dogs is even your car, they can track it.
So, those scent dogs were the ones that came in around this way and went to the conveyor road.
They told me exactly the way that their theory was of the way they thought the car came, which was through the field, down Kuss Road, past the hunting cabin, into the pit, and then through by conveyor [KATHLEEN.]
Did they think that Avery drove it, do you think? They didn't say that to me.
[KATHLEEN.]
OK, but they knew that the car came off of Avery's property was brought around, they were claiming, through yours.
That's what they told me.
[KATHLEEN.]
Which matches the dog tracks.
[KATHLEEN.]
The pelvic bones are not on his property, they're on Manitowoc County's property.
He was also told, he thinks by the Wisconsin Department of Justice investigators, that they were very confident that Teresa's car had been on Kuss Road and been driven into the deer camp and then to the conveyor belt road and crossed over into the Avery property.
So, the thing that's so huge about that disclosure is that's a major Brady violation that was never reported to the defense.
Steven was convicted on a theory that he moved the car from his trailer to the southeast corner of the Avery property without leaving the Avery property.
[KATHLEEN.]
When the prosecution has withheld evidence that would have been favorable to the defense, it's a constitutional violation.
It is the violation that is most likely to vacate a conviction.
I still believe that whoever got in there with the car had some knowledge of the property the sand and gravel to enter.
But now I don't know if the police maybe are responsible for bringing the car in.
And they'd also be responsible for bringing the bones in.
[KATHLEEN.]
I guess the cops just thought Steven didn't matter.
I want them all to know that he matters, that they're gonna regret the day they planted the evidence.
[THEME MUSIC PLAYS.]