Making a Murderer (2015–…): Season 1, Episode 3 - Plight of the Accused - full transcript

Steven is back in jail, charged with murder, but there are troubling questions about how he was arrested and why.

It's this simple: once Steven Avery
is accused of this murder,

and a lot of things... seem to clearly
point to him having done it,

as much as you mentally want to give
the benefit of the doubt to him,

it becomes impossible.

[news theme music plays]

[announcer] This is Action 2 News at five.
Coverage you can count on.

Ironically, Steven Avery's arrest comes
at the same time Governor Jim Doyle

plans to sign a sweeping
criminal justice reform bill

inspired by Avery's wrongful conviction.

[male reporter] Two weeks ago,
the bill passed unanimously

and Governor Doyle
told me today he will sign it,



despite the pending
murder charges against Avery.

[Doyle] I assume that the legislators
who named this task force

probably wish they
had a different name for it.

[Gundrum] I just told
the governor's office,

you know, you can actually just sign that
behind closed doors, just get it done.

[Steven on phone] They made the Avery Bill
so an innocent person

ain't gotta sit in jail
for something they didn't do.

And their word ain't no good on it.

I was up there to all the meetings.
They know me.

The should have some kind of respect
to know what I'm like.

They just don't get what happened.

You know, they don't care about the truth.

[male reporter] Representative
Mark Gundrum

says he's in utter shock
over Avery's arrest.



[Gundrum] It's just,
it's kind of hard to grapple with

that somebody
that shows emotions like that,

like a human being,
could in fact be a monster.

[female reporter] We also learned today
the deposition schedule for tomorrow

in Steven Avery's civil lawsuit against
Manitowoc County had been canceled.

[Kelly] The transformation
from Steven Avery

as wronged victim
of a miscarriage of justice

to Steven Avery,
the horrendous murderer

of an innocent young woman...
was breathtaking.

It left me stunned.

The absence of any serious commentary

that the presumption of innocence
that he enjoys may, in fact, be valid.

That there should not
be a rush to judgment.

I thought it was just awesome
how endangered he is as an accused.

- [theme music plays]
- [geese honking]

- What are you gonna present today?
- Uh, no comment.

Is he gonna wait
or go ahead with his prelim?

We're gonna have a prelim.

- [man] Watch out.
- I'm sorry? I missed that.

- We're having a prelim today. Yes.
- OK. Are you confident about the case?

As confident as I can be at this point.

We still have a lot of information
to gather, so...

- Thanks.
- [stammers]

[male reporter 1] Would you guys
put up your property as bond?

[male reporter 2] Are you willing
to risk everything that you have?

Yes, we are.

[female reporter] Mr. Avery?
Have you talked to him on the phone?

Have you said anything to him?

Wait right here, OK?

[bailiff] All rise.

[judge] You may be seated.

At this time, the court calls
State of Wisconsin v. Steven A. Avery.

These matters are scheduled for
a preliminary examination this afternoon.

Mr. Kratz, you may call
your first witness.

[Kratz] Ms. Sturm, when you came across
a RAV4 at the Avery Auto Salvage,

can you tell us what you saw
and what you thought?

Well, it was so unusual because there were
branches leaning up against this vehicle.

So I went around to the back and it says
"RAV4" on it, Toyota, and it...

I just... I thought,

"Well, yeah, it's gotta be that car."

From the eight feet
south of that burn pit,

I could clearly see
that there was some bone matter

located around the debris pile.

And then I walked over and
took a closer look at the charred debris

and there was quite a bit of bone matter

intertwined within the steel belts
of burned tires and so forth.

At one point, we found a key that
appeared to be from a Toyota vehicle.

It was on the floor when we found it,

next to a cabinet that Lieutenant Lenk
and Sergeant Colborn had been searching.

[Loy] All right. And Lieutenant Lenk
and Sergeant Colborn

are officers of Calumet County?

- Uh, no, Manitowoc County.
- [Loy] Manitowoc County.

And as far as you know, no one saw this
key until November 8th, is that right?

[Kucharski] Correct.

[Loy] And those slippers were moved
before the key was seen?

[Kucharski] Yes.

And the first time they were moved,
nobody saw the key?

The key wasn't there
the first time they were moved.

[Loy] And when you saw it there,
it was sitting out there in plain view

right on the floor, is that right?

It was actually Lieutenant Lenk
that saw the key first.

He pointed to the floor and said,
"There's a key there."

The profile developed from the buckle
swabs that were taken from Steven Avery

was consistent with the DNA profile
that I developed from both the Toyota key

and the apparent blood stains
that were taken from the ignition.

[prosecutor] Nothing further.

[Judge Willis] All right,
the witness is excused.

We'll take our afternoon break
at this time.

[Kelly] It's my belief, having attended
the preliminary hearing,

that there's a tremendous opportunity
to present a real and substantial defense.

But he would need a lot of money
to put up the kind of defense

that should be put up
in this criminal case.

[Judge Willis]
Based on the evidence presented,

the court is going to determine
that there's probable cause

to believe that a felony
has been committed.

We are adjourned for today.

[female reporter] Mrs. Avery,
I'm Angenette from Channel 5.

- We just wanted to ask you...
- My son is innocent.

- What's the matter with you?
- Ma'am, can you please tell us about that?

In spite of all the evidence today?

[Mike Halbach]
You know, he's denying this.

He certainly has to blame it
on someone else.

Why not... I mean...
He chooses the Manitowoc County police.

I don't believe that one bit. Um...

All the evidence I know about
and the evidence, other evidence,

that was presented today
obviously are leading to him.

Today, the Halbach family
came face-to-face with Steven Avery,

the man accused of killing
their beloved Teresa.

Steven Avery remains in the Calumet County
jail on a $500,000 cash bond.

[female reporter]
If convicted of these charges,

Steven Avery will spend
the rest of his life in prison.

[Steven on phone]
They got two weeks to get me out.

- [Dolores] Who does?
- [Steven] Anybody.

If I ain't out, it's over.

[Dolores] Now you're
talking stupid again.

[Steven] No, I'm giving myself two weeks.

- [Dolores] Don't act so stupid!
- [Steven laughs] You watch me.

- [Chuck] What?
- [Steven] It's over.

- [Chuck] Don't get strange.
- [Steven] I ain't strange.

'Cause I'm sick of this world.
I'm sick of suffering.

[Chuck] You know,
better days are coming. Just...

[Steven]
No, there ain't no better days coming.

[Chuck] Yeah, there is.

[Steven] No,
there could be worse days coming.

- [Chuck] Just hold on and...
- [Steven] I'm gonna hold on. Two weeks.

[Chuck] ...you'll be out.
'Cause I'm putting the business up.

[Dolores] That's more
than your bail, even.

[Steven] That should've been
put up a long time ago, then.

I told you, I'm sick of this.

[Chuck] I know you're going through hell,

but... settle down
and settle the mind down.

- We won't give up on this side.
- [Steven] I'm giving up on this side.

[Chuck] You don't give up
on your side, either.

[Steven] Well, then you gotta
put your ass in gear, then.

[Chuck] We're trying, Steve, so you just
gotta hang in there and whatnot.

[Steven] They're gonna win anyway.

[Chuck] No, they're not.

[Steven] Poor people lose.
Poor people lose all the time.

[Chuck] Yeah, I don't know.

- Well, I'll put Ma back on here now.
- [Steven] All right.

[Dolores] Now don't talk stupid. You're
innocent. What's the matter with you?

- [Steven] I know. But so what?
- [Dolores] I'll give you a "so what."

I'll hit you right
on your nose through the phone.

[Steven] Yeah? Come on, then.

- [Dolores] There. Now I hurt my finger.
- [Steven] Yeah.

Critical evidence builds the case
against Steven Avery.

We're live with how DNA leaves little
doubt about the fate of Teresa Halbach.

State Senator Alan Lasee
introduced an advisory referendum

that would let voters decide if
the death penalty should be brought back.

Every statement he makes to the press,
to the media, will be taken apart.

[male reporter] These are the Easter cards
Steven Avery sent

to his four children in 1988.

He asked for kisses,
then threatens to kill his ex-wife.

Just another side to this
man's seemingly split personality.

"Steven Avery is a murderer. May your
entire family rot in hell. Bastard."

That's just one of the letters
that we get.

[Dolores] Well, this one was real nasty.

This one says "Steven Avery is a killer.
Please tell his mother to shut her mouth.

The public does not want to hear it."

It seems to me right now that
he's getting treated just like a dog

or anything else that's cooped up.

But... who am I to say? Who am I?

[Barb] I think they ought
to just leave him out

and let us go on with our lives
and leave us alone.

[Steven on phone] They can have the money.

You know, if it's 'cause
of all that money.

I'll give that money up.

As long as they let me alone.

I want my freedom,
and I want to get married again.

Money ain't nothing, you know,
if I can't live it.

[Yvonne] I pray the media, the people that
said, "Find him guilty," think about that.

Why would he do it?

Don't people see this?

He had his whole life ahead of him.

Spent 20 years in prison
trying to get out.

Parents trying to get you out.
You get out.

You got a big smile on your face.

You're walking out. You're happy.

To put the handcuffs back on you?

No. No.

Something...
Something is terribly wrong there.

Something is terribly wrong.

[Allan] They don't care.

They'll take an innocent man
and make him guilty,

and that's what
they're doing right now.

We went through this... 20 years ago.

And we're going through it now again.

[indistinct chatter]

[woman] I really do think he was framed.
You know?

There's a lot that points
to where the Sheriff's Department

could've had something to do with it.

And then I don't know
if it's true or not,

but I also heard that Manitowoc County was
not supposed to be allowed in to search

and they were in there and they searched.

And that's who found the key
apparently after the third day

was the Manitowoc County
Sheriff's Department.

So I mean, none of it, like I said,
none of it really adds up.

[music playing on radio]

I only have one word,
from the cops on up: corruption.

I mean, big time.

I mean, if people dig far enough,
they'll see that.

[indistinct shouting]

[man] It wasn't supposed to do that!

I'm up here. Why you looking?
It doesn't matter.

I don't care what anybody says,
that's a lot of money to pay off

from here in Manitowoc County.

It's a small area,
and I really, truly believe

the county didn't
have the funds to pay it out,

so somehow, some way...

I don't care if they hate me... that
somehow, some way, something got set up.

I don't care who it was.

And they can say, "Oh, you really believe
that Manitowoc Police Department

and the FBI and everybody came in
and they set this all up

just to have Steven Avery
guilty of this thing?" Yes, I do.

I'm sorry. Yes, I do.

[female reporter]
A developing story tonight.

Steven Avery has settled his civil lawsuit
against Manitowoc County.

[male reporter] He's only getting a tiny
fraction of the $36 million he wanted.

"In exchange for payment, Manitowoc County
does not admit fault or liability."

- I've had a zillion phone calls.
- [male reporter] OK. OK.

OK, wait a minute. This is again
for the... just for the record,

just state your name
and spell it for me, please.

Uh, Tom Kocourek. K-o-c-o-u-r-e-k.

OK, and the former sheriff.
When did you work there in Manitowoc?

I worked as sheriff for 22 years.

I started in 1979 and went for 22 years.

OK. Now the fact this is settled now,
I guess Manitowoc does not...

admit any wrongdoing.

Do you yourself,
because you were involved,

do you feel any
sense of relief in all this?

Well, it's just good to have it
over with and... it's a relief for...

me and my family.

I'm sure it's a relief
for Manitowoc County as well.

Happy to have it over with.

No one ever intended
to do anybody any harm by this.

We firmly believed that we
had the guilty party at the time and...

the victim had identified him as such
and that's what we worked on.

[Steven on phone] This way,
they figure they just got away with it,

- they can do it again.
- Yeah.

You know, it ain't gonna stop 'em.

You might say they won again.
You know?

What is $400,000?
That ain't nothing to them.

I had to do it.

You know, just to get a lawyer.

Because I wasn't gonna win
with a public defender.

So I guess it was time to settle
and take... I guess take another loss.

Steven was rapidly,
in the most serious of circumstances

that any citizen could be in,
accused of murder.

He did not have the resources
to defend himself.

Importantly, I think, even though he was
being charged in this current murder case,

his civil case still had enough value

for us to be able to settle it in a way
that he would have the funds necessary

to defend himself in the criminal case.

The consequences of that settlement to...

the system...

which are really, in my book,

equally important
to the financial side of it,

are horrendous, OK?

They're horrendous in the sense
that nobody is being held responsible

for what happened to Steven Avery.

It might get him out, what he's got.

Hoping.

- [recorded voice] Collect call from...
- [Steven] Steven Avery.

[recorded voice] ...an inmate
at the Calumet County jail.

- [Steven] Hello?
- [Glynn] Hey, Steve.

- [Steven] Oh, hi. All right.
- [Glynn] How are ya? Good.

I just thought I'd touch base with you
on a couple of things,

just to make sure that
you weren't feeling abandoned out there.

- [Steven laughs] Yeah.
- [Glynn] You know.

I didn't want that to be happening.

And I've been talking
to a number of lawyers

and the guy that I could put
at the top of my list is Dean Strang.

- [Steven] Yeah?
- [Glynn] He's my ex-partner,

and the thing that put him
at the top of the list for me

is that I know that
a lot of the Manitowoc cops are...

well, I don't want to say "afraid of him,"

but they know him
and they respect him as a lawyer,

and I think that gives him
a little bit of an edge.

Now the other guy
that I have been thinking about

is a lawyer named Jerry Buting.

He's had a number of high-notoriety cases,
and if it will turn out that,

you know, that they'd be willing
to work together on the case,

that would be phenomenal.

- [Steven] All right, Steve.
- [Glynn] OK, man. Hang in there.

[Steven] All right. Thanks a lot.

- OK. Bye-bye.
- [Glynn] Bye-bye.

I want to cover our...

Where was Barb's car for sale?

Where would Teresa have parked?

Where did they find her car?

What are the ways in?

Let's do it.

I didn't see them plant evidence
with my own two eyes.

I didn't see it.

But do I understand how human beings
might be tempted to plant evidence

under the circumstances in which the
Manitowoc County Sheriff's Department

found itself after Steven's exoneration,
of the lawsuit,

of the Avery Commission,
of the governor hugging Steven

and holding him up as an example
of the criminal justice system gone wrong?

Do I have any difficulty
understanding what human emotions

might have driven police officers to want
to augment or confirm their beliefs

that he must have killed Teresa Halbach?

I don't have any difficulty understanding
those human emotions at all.

[Chuck] The car was right in the...
in the roadway here.

Is this little roadway... is this used
much? Do you know? I mean, do they...?

Not that often.

- All right.
- OK.

So you've got motivation
for the officers to want to get him.

And then when lo and behold
there's this woman who disappears

and one of the last people she saw
was Steven Avery... now we've got him.

A-ha! We knew it.

They conclude that he's guilty
right off the bat.

This was all the way open...

And they thought, "We're gonna
make sure he's convicted."

And they helped it along
by planting his blood in the RAV4

and by planting that key
in his bedroom.

[Chuck] See,
I was going up north on Friday

and I saw headlights
when I was about,

well, maybe a quarter
or halfway down our driveway.

[Strang] You saw headlights
on that road down there?

Yeah, that's what I told the detectives
too and stuff, the investigators.

OK.

And he thought I was full of shit.

[Steven on phone]
I got a better chance now.

I got lawyers.
The best ones in Wisconsin, both of them.

And they know what they're doing.

There's so many ways they can go
that prove my innocence.

I just hope the truth
comes out on this,

so we can find out who did it.

You know, and if it's the cops...

I don't know if we'll ever
find that out or not.

See, that's the only thing that scares me.

Some of the evidence,
DNA evidence at the scene,

it's impossible for us
to have that type of evidence.

You know, to plant that... It's just...

it's not realistic.

Very... It's impossible. Never... It's...

not even... How should I say...

I'm thinking of a word, but it's just...

It's so far-fetched, it's impractical.
So...

[indistinct chatter]

OK, we'll begin. Um...

Late this afternoon,
a 16-year-old juvenile male

who was a relative of Steven Avery
was taken into custody,

and he is currently being detained
at a juvenile facility.

The 16-year-old juvenile
admitted his involvement

in the death of Teresa Halbach,

as well as Steven Avery's
involvement in this matter.

Sheriff Pagel and I will be releasing
to the media

the specifics of this case.

I will be filing, as I mentioned,
a criminal complaint tomorrow,

and by 2:00 p.m. that will be available
for release to all of you.

[female reporter] Mr. Kratz,
can you tell us,

because of what's happened
with the 16-year-old,

might the charges that exist now
against Steven Avery change

or become less,
like he had less of a role?

- No.
- No.

[female reporter] Are the buildings
you're searching today buildings

- that you've already searched?
- Yes.

I know you've searched Mr. Avery's...

We have done extensive searches
of every building on that property.

With the degree of specificity
that we'd received this week,

knowing exactly what to look for
and exactly where to look for it,

led to the issuance
of today's search warrant.

[female reporter] A major break in this
case tonight as authorities plan to charge

that 16-year-old boy.

Tonight, we did speak
with the mother of this 16-year-old.

This is what she had to say.

Steven, I know you're gonna
be watching this, but you know,

I hate you for what you did to my kid.

All right?
So you can rot in hell.

Now another press conference
will be held at 2:00 p.m. tomorrow.

At that time, this teen will be charged,
and more details,

including details of Teresa's death,
are expected to be released at that time.

- Tom?
- Oh, boy, what a story.

[Kratz] I know that there are some news
outlets that are carrying this live,

and perhaps there may be some children
that are watching this.

I'm gonna ask that
if you're under the age of 15,

that you discontinue watching
this press conference.

We have now determined what occurred

sometime between 3:45 p.m.
and 10:00 or 11:00 p.m.

on the 31st of October.

Sixteen-year-old Brendan Dassey, who lives
next door to Steven Avery in a trailer,

returned home on the bus
from school about 3:45 p.m.

He retrieved the mail
and noticed one of the letters

was for his uncle, Steven Avery.

As Brendan approaches the trailer,

as he actually gets several hundred feet
away from the trailer,

a long, long way from the trailer,

Brendan already starts
to hear the screams.

As Brendan approaches the trailer,
he hears louder screams for help,

recognizes it to be of a female individual

and he knocks on Steven Avery's
trailer door.

Brendan says that he knocks
at least three times

and has to wait until
the person he knows as his uncle,

who is partially dressed,
who is full of sweat...

opens the door and greets
his 16-year-old nephew.

Brendan accompanies
his sweaty 43-year-old uncle

down the hallway
to Steven Avery's bedroom.

And there they find Teresa Halbach
completely naked

and shackled to the bed.

Teresa Halbach is begging Brendan
for her life.

The evidence that we've uncovered...

establishes that Steven Avery
at this point

invites his 16-year-old nephew
to sexually assault this woman

that he has had bound to the bed.

During the rape,
Teresa's begging for help,

begging 16-year-old Brendan to stop,
that "you can stop this."

Sixteen-year-old Brendan,
under the instruction of Steven Avery...

cuts Teresa Halbach's throat...
but she still doesn't die.

[male reporter] The horrible picture
of how Teresa Halbach died,

painted by a 16-year-old boy

who couldn't keep
his terrible secret any longer.

Investigators from here at
the Calumet County Sheriff's Department

and from the Wisconsin
Department of Justice

interviewed Brendan Dassey
twice this week.

They used his statements like instructions
to put together pieces of a sick puzzle.

According to this complaint,
Dassey and Avery are accused

of choking Teresa Halbach and then
dragging her lifeless body outside,

throwing her in the burn pit and shooting
her in the head and in the stomach.

Today's development
certainly on the minds of many.

Here is what some people
in the Fox Valley had to say.

I'm a little surprised by the age of him,
but I wasn't... wasn't surprised

there was somebody else involved.

I think he did help him out.

I don't think he was the master behind it,
but I think he helped him out.

You know, I believed him at first and now
it's the other way around, you know.

[indistinct dialogue]

[man clears throat]

[Kratz] Although the defendant
is 16 years of age,

there is original
adult court jurisdiction

and therefore the same bond
considerations apply to Mr. Dassey

as would any other defendant.

Those in this case include the potential
penalty that Mr. Dassey faces,

which includes life imprisonment,
as well as the character and strength

of the evidence presented, which
includes not only physical evidence

but inculpatory statements
being made by Mr. Dassey.

Given those factors, Your Honor,

the state is going to request cash bail
in the amount of $250,000.

[Judge Fox] Mr. Sczygelski.

[Sczygelski] Your Honor,
this court I'm sure is well aware

my client is a juvenile.

He is a sophomore at Mishicot High School.

He has never been in trouble
in high school as far as I know,

or any type of school.
He has no juvenile record whatsoever,

certainly no criminal record.

He has indicated in his statement
to the authorities

that this was a result in large part
of being threatened by Mr. Avery,

that this was something
that was not done willingly by him.

In sum, Your Honor, this is a case
that involves a young man

who himself has been victimized
by Mr. Avery.

Based upon those circumstances,
Your Honor,

I think a $250,000 cash bail is excessive.

[Mike Halbach] He admitted his guilt and
he said that Avery was involved as well,

so I take that as truth.

And that's something I haven't seen
in this case quite yet.

Especially in Steven Avery's case.

The Wisconsin Innocence Project
is distancing itself

from one of its best-known cases.

Today that group removed Steven Avery's
picture from its website.

Until today, Avery's photo was included
with three other wrongful convictions

uncovered by the group.

Now finally, late this afternoon,
Dassey's attorney told me over the phone

he does plan to remove himself
from the case.

Turns out, he's actually
a distant relative of Teresa Halbach.

[phone line ringing]

[Barb] Hello?

[recorded voice] This is a collect call
from an inmate at the Calumet County jail.

To accept this call, dial five now.

- [Steven] Yeah?
- [Barb] Yeah?

- [Steven] What?
- [Barb] You got $100,000 for me?

- [Steven] Where am I gonna get it from?
- [Barb] What do you mean?

- [Steven] What's the $100,000 for?
- [Barb] An attorney for my son.

[Steven] He's got an attorney.

- [Barb] Well, I just lost him, OK?
- [Steven] How?

[Barb] What do you mean "how"?
Because he's second cousins with Halbach.

[Steven] How can I help?

[Barb] Well, he sure the fuck
didn't do it by himself.

[Steven] Well, I certainly didn't do it.

[Barb] Where did Brendan
get all this shit from?

He's going down for something
that he would've never ever fucking did.

[Steven] Oh, what about me?

[Barb] Why would he say this
about you then?

You tell me.

He was over by you that night.

[Steven] That night he came over,

we had the bonfire
and he was home by 9:00,

'cause Jodi called me at 9:00,
and I was in the house already.

[Barb] So you're telling me
when he got off the bus,

he didn't come over by you
with an envelope from out of my mailbox?

[Steven] No, he did not.

[Barb] Then what the fuck
are they trying to do?

[Steven] You'd have to ask him.

[Barb] So my son's gonna go to prison?

[Steven] Well, I don't know.

[Barb] What do you mean, you don't know?
Yes, he is gonna.

Life in prison he's gonna get.
And he's only 16.

[Steven] It ain't my fault. Is it?

It ain't my fault at all.

Just by his statement right there,
he's got life.

And there ain't nothing
I can do with that.

Why would he admit to something?

[Barb] How do I know?

[Steven] Well,
that's what you gotta figure out.

[Barb] How am I supposed to figure that
out when he's in there and I'm out here?

[Steven] Well,
you go see him and you talk to him

and tell him to be straight with you.

Where'd he get this from?
You know?

Ask questions.
Because it didn't happen over by me.

[Barb] Well,
it didn't happen by me either.

[Steven] Well,
then it happened somewhere else.

Well, just see what you can do
and if nothing else,

if you want me to call you, let Ma know.

- [Barb] Yeah, OK, then.
- [Steven] All right, then.

- [Barb] All right.
- [Steven] I love you.

- [Barb] Yeah.
- [Steven] OK, then.

- [Barb] Bye.
- [Steven] Bye.

When I first read the report,
I was mad and disgusted.

But then hearing from Brendan last night,
I just changed my whole attitude.

I mean, I believe in my son,

and I believe he's telling the truth
when he told his first statement.

And that they interrogated him
and made him say what they wanted to hear.

[buzzer sounds]

I came to pick up Jodi.

[door opens]

- Did you hear me on that talker thing?
- No.

I don't know.

Huh! [sighs]

They made a mess, didn't they?
Holy shit.

Oh, my God. [sighs]

You know, I wouldn't even know
where to look for my purse.

'Cause it was on the bed.

Eh... What a mess.

I can't believe they took my purse.

It's a good thing I have my ID.
Otherwise, I couldn't go see him.

[laughs]

[receptionist]
Are you here to see Mr. Avery?

[female reporter] Jodi, how are you
feeling going in to see Steven?

- Fine.
- What are you gonna say to him?

This is the first time
you've seen him or...

Yes.

I really don't want to talk.

Is there anything you'd like us to say?

No.

Can we give you questions for him?

No.

So you've been in jail how long?

This is the first time
you've seen him in how long?

What do you think about
the charges he's facing?

Is there a reason
that you don't want to say anything or...?

[Judge Willis] This is no longer purely
a circumstantial evidence case

based on the new allegations
made by the state.

And the court
would have to characterize

the strength of the evidence at this point
is greater than it had been in the past.

Things did not go well for Steven Avery
here in court this afternoon.

The judge allowed
Special Prosecutor Ken Kratz

to add three new charges against Avery:

sexual assault,
false imprisonment and kidnapping,

based on statements made
by Avery's nephew, Brendan Dassey.

Another blow to the defense:
the judge will not allow Avery's parents

to post property as part of Steven's bond.

Now the judge not only denied
the property request for bail,

he increased it from
a half million dollars to $750,000.

[Strang] The court knows, I know.

Perhaps some in the public
or some in the media

even have forgotten that he's innocent.

As he sits here today,
he is legally presumed innocent.

I mean, we can dress him up
in something that makes him look like

he jumped off a Monopoly
game board or something.

He's a "get out of jail free" card
come to life.

But he's innocent.

I've always been taught
not to judge a book by its cover,

and, uh, knowing what I know
about Steven Avery, um,

what's between the covers isn't very good.

So regardless of what he's wearing,
it doesn't make any difference.

He's, you know,
still the same person, so...

And I think the public knows that.

[Steven on phone] There ain't no reason
why he couldn't take the property bond.

That's just like... I'm gonna run
and put my family out on the street.

I'm not gonna do that.

That's ridiculous.
They just don't want me out.

You know,
they got me looking like an animal.

And they think that I'm gonna run.

Innocent people don't run.

[loud banging]

[Chuck] I'm pretty positive
in my head right now, in my mind...

that he did do it.

But, um,
I don't see what made him do that.

I don't know. I...

Maybe as well with
the 18 years he spent in prison,

maybe he got... stuff like other inmates
did and everything else and that...

I don't know.

Only them two know
what went on that night.

[Barb] She don't offer to come up
to see her grandson,

and she doesn't talk to me.

Honestly, I think they disowned me.

[Dolores] I went through it
more than she did, really.

I spent a lot of sleepless nights.

Lot of crying.

Now I gotta start it all over again.

They got our family all tore right apart.

It's not right.

Got my wife tore apart.

She'll never be the same.

Never be the same.

[Steven sobbing on phone]

Talk to me.

[Steven] I miss you.

- I miss you, too.
- [Steven sniffles]

- What's the matter?
- Hm?

What's the matter?

I don't know.

Depends if I get out or not.
If I don't... I don't know.

You gotta have faith.

It's driving me up the wall.

I know.

You know,
especially when I can't talk to you.

I know.

[Steven] You know, all I want to do now,
is get this all over with and move.

[Jodi] Yeah.

[Steven] Me and you.

And hopefully we can get your kid
and be a family.

[Jodi] Well, let's just concentrate
on you first.

[Steven] Yeah. But I'd like it all.

- [Jodi] I know.
- [Steven clears throat]

[Steven] I knew I should never
have moved to Manitowoc.

But then I wouldn't have met you.

You're the only person I want
in this whole world.

- OK.
- Huh?

OK.

- OK?
- OK.

- That's all?
- Well, me too.

[both laugh]

I tell you that all the time, though.

Yeah.

I'd like to hear it more.

Yeah? OK.

If you look at this case, if, uh...
Mr. Avery is convicted of it,

I guess, you know,
you can look at the other side of that

where if he wouldn't have been released,
we'd, you know...

Miss Halbach would still
most likely be here.

And then you start thinking to yourself,

"Boy, maybe it was good
he was in all that time."

As unjust as it was, if he did this,
what might he have done during that time?

And you just start questioning
the whole system.

You can't put people in prison

because you think someday they might
do something wrong. Or even horrible.

Or heinous. You know?

Um, but you still have these
conflicting thoughts and feelings.

To me, if Steven did this,
and I don't know,

it doesn't seem like...

It seems a little too sophisticated
for the Steven I knew. Um...

Boy, it seems to me that what happened
all those years has a lot to do with it.

Because it would've...

It developed him into somebody else
that he wasn't when he started.

Even if he did have anger
for being in prison all this time,

anybody would have anger. I'd have anger.

I mean, I would be hell mad.

But that doesn't mean
I'd go around and kill somebody.

You know,
I'd sue just like he was doing. Suing.

[Jodi] Two weeks
before I was released from jail,

investigators were gonna
bring in pictures to show me

of Teresa's body and how it was burnt,

and there was still muscle tissues
on the bones.

There was a lot of pressure they were
putting on me to turn against Steven.

[Wiegert] I've been
doing this job a long time.

I've met a lot of interesting people,
a lot of people that are similar to Steve.

But I've never met somebody
as cold-blooded... as him.

To think what he did to that girl.
Sit and think about that for a minute.

- Think about her family.
- Oh, I do all the time.

Well, I hope you do.

Because by sticking up for him,
what does that make you look like?

- Well, I know, but... I just...
- He killed her.

He killed her.

He's the only one
who sees her in that time frame.

He's the last one to see her.

Think about that. She just disappears?

Yeah, she disappears
because he killed her.

That's the kind of person you want
to spend the rest of your life with?

[Barb] When Jodi was in jail,

she put a request in
not to talk to the investigators anymore.

Meaning Mark and Tom.

And three days later,
they went after Brendan.

[Fassbender] Let's see it.

[Wiegert] Why don't you
just have a seat, Brendan?

Tom and I just gotta step out for
a minute and then we'll be right in, OK?

- OK.
- All right.

[Buting] They'd been working
for about four months

trying to build a case
against Steven Avery

and there were still a fair number
of people out there who said,

"I'm not convinced.
I think Steven Avery might be innocent.

You know, there may be more
to what he says than that."

And one of the things
that helped support Avery at that time

was that Brendan Dassey
was Steve's alibi.

[Barb] They knew they could get to Brendan
because he's a slow learner.

They told him that they talked to me
and it was OK for them to talk to him.

And it wasn't. They never called me.
They never let me know.

They just went and done it.

[Wiegert] We know there's
some things you left out

and we know there's some things that maybe
weren't quite correct that you told us.

OK? We've been investigating this a
long time. We pretty much know everything.

That's why we're
talking to you again today.

We really need you to be honest
this time with everything, OK?

If in fact you did some things which
we believe some things may have happened

that you didn't want to tell us about,
it's OK.

As long as you can...
As long as you be honest with us, it's OK.

If you lie about it,
that's gonna be problems, OK?

- Does that sound fair? All right.
- Mm-hm.

[man] The two detectives developed
this theme of honesty and they repeatedly,

dozens of times in that interview,
they say to Brendan, "Now be honest, OK?

You know how important it is
to be honest."

But when you watch the videotapes,

it's clear to me, I think, that when
they say to Brendan, "Be honest,"

what they sort of mean is...

"Don't tell us that,
tell us something else."

Something that fits
their theory of the crime.

[Wiegert]
I think you went over to his house,

maybe you asked him to get his mail,
something in here is missing.

Well, when I got the mail,

there was like an envelope in there
with his name on it.

- [Fassbender] All right.
- [Wiegert] OK. Now we're going.

What did you do?

I knocked on the door
and he answered it.

- [Wiegert] Yeah, and then what?
- I gave it to him and then I left.

Come on now.
You just heard screaming over there.

[Fassbender] Stop making this hard
on us and yourself.

Be honest.
You went inside, didn't you?

- Yeah.
- You went in the trailer?

- Mm-hm.
- [Fassbender] You're nodding.

[White] I think the detectives
in this case were unaware

that the degree to which
they were shaping Brendan's statements.

That's why it's very important to take
a look at the record of the interrogation

to see who mentions
particular facts first.

Do they come from Brendan
without any help from the police

or do they in fact come first
from the police?

And there are several occasions
in these interrogations

where apparently
crucial bits of information

are mentioned first by the police
and not by Brendan Dassey.

Where they really messed up
was when they tried to get the one fact,

the one absolutely secret fact
that nobody in the public yet knew,

was how Teresa Halbach died.

Nobody knew that they had evidence
that she had been shot in the head.

If they could get Brendan to say that,
then that would be dynamite,

because no one knew that
and here if he came out and said it,

then it must be the truth.

And so they kept asking him,
"Come on, Brendan.

Something else happened to her now.
We know something else happened to her."

And eventually they got more specific.

"What else happened to her? Something
happened to her head, Brendan, tell us."

This is after he says,
"Well, we stabbed her."

"Well, yeah,
but what else happened to her?

Something happened to her head."
Hint, hint.

Come on.

Something with the head.

Brendan?

What else did you guys do? Come on.

[Fassbender] What he made you do,
Brendan.

We know he made you do something else.

What was it?

What was it?

[Fassbender] We have the evidence,
Brendan. We just need you to...

to be honest with us.

- That he cut off her hair.
- He cut off her hair?

OK. What else?

[Fassbender] What else
was done to her head?

That he punched her.

What else?

[Buting] When you look at him,
he's just sort of sitting there

with these long pauses and he...

You can almost see, you know,
the wheels in his head

turning however slowly, saying,
"What do they want from me?"

And he's guessing.

It's OK. What did he make you do?

- Cut her.
- Cut her where?

- On her throat.
- You cut her throat?

What else happens to her? In her head?

[Fassbender] Extremely important you
tell us this... for us to believe you.

Come on, Brendan. What else?

[Fassbender] We know.
We just need you to tell us.

That's all I can remember.

[Wiegert] All right,
I'm just gonna come out and ask you.

Who shot her in the head?

- He did.
- [Wiegert] Why didn't you tell us that?

'Cause I couldn't think of it.

[Wiegert] Now you remember it?

Tell us about that then.

[Buting] I think Wiegert is the one
who actually got frustrated and said,

"All right, I'm just gonna come out
and say it. Who shot her in the head?"

And of course the answer is "He did,"
but by then,

he's blown the one piece
of secret evidence

that could've corroborated
Brendan Dassey's story

by feeding it to him himself.

[Wiegert] Hey, Brendan, you need to use
the bathroom or anything? You sure?

- You need anything else?
- Mm-mm.

Sandwich or anything?
Did you get your soda?

- Yeah.
- OK, we'll be in in about two minutes, OK?

- I got a question, though.
- Sure.

- How long is this gonna take?
- It shouldn't take a whole lot longer.

- You think I can get there before 1:29?
- Um... probably not.

What's at 1:29?

Well, I have a project due in 6th hour.

OK. We'll worry about that later, OK?
All right.

- I'll be back in a few minutes, OK?
- OK.

[White] Another troubling aspect was the
fact that Brendan didn't really understand

the precariousness of his own position.

He has no understanding that
he's not going to be released from custody

at this point. He has just admitted
to really awful crimes.

[Fassbender] You know, obviously,
that we're police officers, OK?

And because of what you told us...
we're gonna have to arrest you.

Did you kind of figure that... was coming?

For what you did?

We can't let you go right now.

Is it only for one day or...?

[Wiegert] We don't know that at this time.

But let me tell you something, Brendan,
you did the right thing, OK?

By being honest, you can at least
sleep at night now.

'Cause I'm sure you've
had some difficulty with that.

So you did the right thing here
by telling us what happened, OK?

Just remember that in the future.

OK? You need to be honest.

This dramatic press conference that
"children should not listen to this,

it's so terrible to hear,"
was pure fantasy.

Looking at that press conference,

you would've expected that
that young boy

who was holding this in for months
and was just... had to unburden himself

with this terrible experience that he had

was emotionally upset
and came out with this whole long story,

when in fact there's not an iota
of emotion expressed by the guy.

He never cries.
He's not upset at all.

He's not coming out with any narrative.

It's one-sentence or one-word responses
to their questions the entire way.

What'd happen if his story's different?

What do you mean?

Like, if his story's, like, different,
like I never did nothing or something.

Did you?

Huh?

Not really.

What do you mean "not really"?

They got to my head.

It's not that there was a lack of physical
evidence to corroborate Brendan,

it's that there was
a wealth of physical evidence to disprove

the statements attributed to him.

You know, he describes this horrible,
bloody episode

of stabbing and...
and throat-slitting on a bed

while this woman supposedly
is handcuffed to the bed.

There's no blood.

There's no blood on the mattress.
There's no blood on the sheets.

There's no blood on the floor.
There's no blood on the wall.

There's no blood. Didn't happen.

[man] Brendan?

My name is Dennis Jacobs.
I'm a detective with Manitowoc County.

Do you have any weapons
or anything on you?

Just some stuff that I can
give to my mom, like a CD player.

[Jacobs] That wouldn't
be a weapon, though.

You have like a little pocket knife,
anything like that?

- No.
- Can you stand up?

I just want to pat you down real quick,
just to make sure.

Oh, that's nothing
that's gonna hurt me.

OK. That's fine.

[Strang] Brendan's young, had no prior
experience with the police,

and he's not a bright kid.

He's a soft, quiet kid
who is easily pushed around,

whether you mean
to push him around or not.

He was an easy mark.

And understand that Brendan is potentially

a crucial defense witness.

Because he's supposedly there
at this bonfire that night.

If you can turn him from a defense witness
into a prosecution witness,

it's a twofer... if you're the police.

If he testifies against Steven,
he'll get 20 years plus parole.

And if he doesn't,
he'll get life without parole.

[theme music plays]