Making a Murderer (2015–…): Season 1, Episode 8 - The Great Burden - full transcript

I can't find it.

I thought it was over here.

Maybe I came too fast, huh?

Here. Huh...

[laughs]

I did that, when he was in prison.

I was gonna raise fish.
Me and Steve.

That's why I put this building up.

And I made those tanks,
I made my own farms.

I just wish that, you know,
he could...

[Strang] There's nowhere that Steven Avery
will be able to go



to get his reputation back
if he wins this trial.

He didn't commit the rape
he did 18 years for.

We know he didn't commit the rape
he spent 18 years in prison for.

Where did he get
his reputation back for that?

He didn't. He never did.

He never will here.

So, in some ways,
to be accused is to lose.

Every time.

What you can hope to get
is your liberty back, eventually.

That's all you can ever hope to get.

- [theme music plays]
- [geese honking]

Reasonable doubts...

are for innocent people.

Let me turn for a moment
to some of the evidence that's lacking,



that you would expect to find...
if Mr. Avery was really guilty.

No blood splatter
on the walls or the ceiling.

No bloody trail of a body being carried
out of that bedroom

into the garage or into the burn pit.

Nothing on the carpet, nothing on
the back stoop, the deck, anywhere.

No scratches on the headboard.

No rope fibers on the headboard.

Nothing that would indicate
somebody restrained,

struggling for their life,
who was murdered in that bedroom.

The Defense argued that there was no blood
that was found in the trailer.

Since Teresa wasn't killed in the trailer,
there shouldn't be.

But what was found in the trailer
is extremely important.

They found an Auto Trader magazine
and a bill of sale.

Teresa was in that trailer.

She was in the trailer,
but she was not killed in that trailer.

Teresa Halbach
was killed in the garage.

She was killed in Steven Avery's garage.

[Buting] "Try to put her
in his house or garage."

Now this is not blind testing.

These agents are telling Ms. Culhane
what they want.

And this is November 11th.
Well, here it is, March.

She's working on this bullet fragment now
and she still has not found one item

that links Teresa Halbach
to Mr. Avery's house or garage.

So she's gotta feel some pressure.

This is the biggest case of her career.

It's the biggest case
the crime lab's ever had.

It's almost five months
and nothing's been found.

The physical evidence, the DNA evidence,

the eyewitness testimony,
the scientific evidence,

the big fire that Mr. Avery had,

common sense... all point to one person.

This could be done by two officers.
Really one officer.

The one officer who keeps coming up,
Lieutenant Lenk,

whose name's on the evidence transmittal
from the 1985 case

just a couple years earlier.

Lieutenant Lenk, who shows up
on November 5th without logging in.

Lieutenant Lenk, who finds the magic key.

Lieutenant Lenk who, four months later,

four months after Manitowoc
no longer is needed,

with no legitimate reason,
is back at that scene on March 1st,

and what's found the next day?

The magic bullet.

[Kratz] This isn't just two guys.
It's Jim Lenk and it's Andy Colborn.

Their livelihood,
their reputations, their families,

everything in their 20-plus years
of law enforcement are on the line...

when some lawyer accuses them
of misconduct.

Not just any misconduct,
but planting evidence in a murder case.

And this vial-planting defense
is absolutely ludicrous.

We only had to call one witness
who scientifically could tell you

that there is absolutely no way
that vial of blood was used to plant.

[Strang] Would Lieutenant Lenk lie?

Would he lie as a sworn
law enforcement officer?

Well, all I can tell you is,
he did twice and you heard it.

Here he says he arrives at 2:00.

When he's asked under oath before,
it's 6:30 or 7:00.

This isn't 15 minutes off, folks.

It's under oath and it's a difference
of four and a half or five hours.

At that time of year, November 2005,

it's the difference between
broad daylight and pitch black.

He was under oath.

If and when police officers
plant evidence,

they are not doing it
to frame an innocent man.

They're doing it because
they believe the man guilty.

They're not doing it
to frame an innocent man.

They're doing it to ensure the conviction
of someone they've decided is guilty.

If you buy Mr. Strang's argument

that they were trying to make sure
that a guilty person was found guilty...

then assigning accountability
to the murder for Teresa Halbach

shouldn't matter
whether or not that key was planted.

In other words,
can you set that aside and decide,

is there enough other evidence

or is the key the only thing
that points to Mr. Avery?

That key, in the big picture, in the big
scheme of things here, means very little.

We do not and have never claimed
that the police killed Teresa Halbach.

However, the person or persons who did...

knew exactly...

who the police would really want to blame.

[Kratz] Despite Mr. Buting
standing up here saying

"Look, folks, we're not saying
that the cops killed Teresa Halbach.

Now what we're saying
is that somebody else

skillfully exploited
law enforcement bias,"

as if there's somebody smart enough
out there that could do that.

But when you scrape one layer
of this manure off of the topsoil,

you'll realize that the cops
had to kill her.

Now, are you, as the jury,

in order to find Mr. Avery not guilty,
willing to say that your cops,

that your Manitowoc County
sheriff's deputies,

Lieutenant Lenk, Sergeant Colborn,

came across a 25-year-old photographer...

killed her, mutilated her,
burned her bones,

all to set up and to frame Mr. Avery?

You've gotta be willing to say that.

You've gotta make that leap.

[Strang] You can decide this case,
if you choose,

on the evidence in the courtroom.

And only the evidence in the courtroom.

You have the power to do that.

So I ask you, please...

give it your full and fair consideration.

Do that critically here
as citizens of Manitowoc County.

Where we stayed to pick a jury.

[Kratz] I don't believe
it's a difficult decision

because everything in this case
pointed towards one person,

towards one defendant.

I'm thanking you
at the conclusion of this case

on behalf of the State of Wisconsin

and urging you, urging you,

to follow the court's instructions,

to follow the evidence in the case
and return verdicts of guilty.

Thank you. Thank you, Judge.

[Judge Willis] Members of the jury...

the time has now come when
the great burden of reaching a just,

fair and conscientious decision
of this case

is to be thrown wholly upon you,
the jurors,

selected for this important duty.

[Buting] This jury, if they just wanted
to convict him, they could.

They could come back and say,
"You're guilty, that's the end of it."

You know, even though Kratz,
in my estimation,

did not answer a number of critical
questions that I raised yesterday.

Um, he left them on the table.

They may answer them.

You know, they may be able to collectively
go back and start talking about it,

"Well, now, what about this? Why would
her body be in the back of the Toyota RAV4

if he really burned her there? Maybe..."
And they may come up with something.

And it may...
It may be completely speculative,

or it may have some basis
in the evidence, I don't know.

[indistinct chatter]

[female reporter] One other point
Kratz pointed out today

was Avery's 1985 wrongful rape conviction.
He reminded the jury

that they are not to even consider that
during their deliberations.

In the hour and a half
that he addressed the jury today,

Kratz attacked every theory
the Defense has laid out.

Reporting live in Chilton, Emily Matesic,
Action 2 News.

- [phone rings]
- [Dolores] Yeah?

[Steven on phone] I missed it.

Missed what?

I was gonna watch Channel 2.

For... What time?

It's after 4:00 now.

[Dolores] Yeah?

They would've had something on there.

Oh, yeah? Well, they'll
have it on at five again.

- Yeah.
- Yeah.

- Yeah.
- I'll have to watch it.

On Channel 2, you watch five? I mean...
[laughs]

I watch 'em all.

Yeah, but it didn't make sense
what I said.

No.

- You...
- [both laugh]

- Do you watch two on five?
- Mm...

That's what it sounded like I said.

Yeah, I'm hoping next week
for a verdict. Not this week.

- No, I'd sooner have it next week.
- Yeah.

That way they...
can think about all that.

Yeah. Yeah.

Well, you figure they'll...
they'll do it tomorrow, too.

Yeah.

The jury has told the judge
that they want to deliberate until 5:30

and then they want to break
for the night, go back to the hotel,

rest and start tomorrow.

Which means they're not... They don't think
they're gonna be done today.

I think if they'd come back
very quickly, we would be...

It would be very bad for the Defense.

Um...

Because then it would just be like...
they were ready to convict him,

it was just a matter
of getting it over and, you know...

going through the formalities, but...
they're obviously debating something.

Just how many hours or days
it'll take the jury

to weigh all the testimony and evidence
in the case is anyone's guess.

Before the jury left the courtroom today,
Judge Patrick Willis reminded them

that it is their duty to render
a just and true verdict.

Live in Chilton, Becky DeVries,
Fox 11 News.

- [insects chirping]
- [dog barks]

[female reporter on TV]
Six hours and counting.

The jury in Steven Avery's trial
continues to deliberate.

Thanks for joining us. The case
went to the jury yesterday afternoon.

But all the work it did
was scrapped this morning

after a juror was excused
because of a family emergency.

Action 2 News reporter Emily Matesic
joins us live from Chilton

with the latest there. Emily.

Well, Bill, that juror
was actually excused last night,

- but we didn't find out until...
- I don't know what that would mean.

...the juror notified
the court last night...

Not so good? I don't know.

This morning, the attorneys
were in court to decide how to proceed.

The judge gave them three options.

- Number one... 11 jurors.
- Long as the jury says "not guilty."

The second option was
to bring in an alternate juror...

- That he's innocent.
- The third was to declare a mistrial.

Vince and Diane, the deliberations
are now back to square one.

One of the jurors was dismissed
a little after 9:00 last night

because of a family emergency.

So an alternate juror
had to be brought into the mix

to complete the 12 jurors

and that means everything they talked
about yesterday has to be thrown out

and this jury has to start again
from square one.

News that that juror had been dismissed

came after the jury had been deliberating
for four and a half hours yesterday.

Keep in mind, they've also
been sequestered now for two days.

Under those circumstances,

the judge decided that he would
investigate for himself

the seriousness of this family emergency.

After a couple of phone calls,

he concluded that the juror
did indeed need to be dismissed,

but that in turn created
another potential problem.

Should the deliberations continue
with just 11 jurors?

Which according to the judge
was an option.

Should a mistrial be declared
or should an alternate juror be seated?

This was all up to Steven Avery
and in the end,

he opted to have an alternate juror
come into the jury pool.

[Steven on phone]
I guess I'm feeling pretty good.

As long as everything is going smooth,
and I think it is.

They got the other juror on.

So that's... I think it's a good thing.

Hopefully,
they'll go through the evidence

and try to make sense of it.

That's the only thing
that's gonna help me.

I got hope.

That they're gonna do the right thing.

Tell 'em that he's innocent.

I know God is on my side, on his side.

[indistinct chatter]

[Steven on phone] If they
find me guilty... it's gonna be hard.

I don't see how I can do a life bid
for something I didn't do.

You know, why have my family go through
all of this and everything else?

You know, I might as well just
get it over with, take the other way out.

You know?
I hate to think about it.

But I don't feel like doing a life bid
for something I didn't do.

[telephone line ringing]

- [Strang] Hello?
- Dean?

- Yeah. Hi, Dolores.
- Hi.

What's going on yet?

Nothing. We'll know in about
half an hour, 45 minutes,

how long the jury's gonna work tonight.

- Oh. Uh-huh.
- Um...

They asked a question earlier, wanting
a whole bunch of testimony read back,

and the judge said,
"Well, we can't read..."

- They wanted all of Bobby Dassey.
- Uh-huh.

And the judge said, "Well, we...
You know, we can't read all of him back,

so just tell us what
specifically you want."

And we haven't heard back from the jurors.

[Dolores] Oh, yeah?

I'll call you though when we know
when they're gonna quit tonight.

Yeah. OK then, Dean.

- OK. Thanks. Bye.
- OK. Yeah. Bye.

[chuckles]

"Dean Strang had me in tears this morning.

It's probably a good thing that he isn't
the only defense lawyer on this case

'cause he'd win it.

Or come close to swaying people
who might be dead-set on a guilty verdict,

in my opinion.

Jerry Buting comes across very abrasive.
Almost whiny at times." [chuckles]

[Strang] Hm.

Viewer emails about Buting.

Really?

She's got it posted now.

This is interesting.

"The guy scares me.
I am afraid Avery might walk

and I think he is definitely guilty.

Do you happen to know
what the Averys do during lunch?

I am thinking that the people of Chilton
might not be too kind to them

if they came in the restaurants."

Quite the contrary.

Yeah. Well, OK then, Dean.

Yeah? OK. Sure. OK. Bye.

They may be getting close to a verdic...
verdict.

He doesn't know.
But they're gonna stay.

They're having their, uh...

uh... supper there.

And they're gonna stay there.

[indistinct chatter]

[Buting] Why do you think you're here?
Why is it you're here?

Sitting in jail waiting for a verdict?

Well...

I don't know how to answer that.

Yeah, that's a kinda tough question.

Yeah, it is.

Let me start...
Let me try something easier.

[clears throat] Um...

What has this trial been like for you?

What kind of feelings have you had
about this trial as it's gone on?

Mostly if they're gonna believe me or not.

If justice is gonna... be right this time.

Than like last time.

You know, last time, it didn't
take 'em long and they found me guilty.

You know, I think about that...
probably all the time.

A court official has
just come into the media room

and announced that we do have a verdict.

The jury has reached a verdict
after about 20-plus hours of deliberation

and that verdict will be read
at 5:30 this evening.

Reporting live in Chilton, Dan O'Donnell,

News Radio 620, WTMJ.

OK, you're ten minutes away or...?

[Dolores indistinct on phone]

OK. All right, we will, um...
we'll be outside wait...

We'll be outside waiting for you.

OK. Bye.

[Strang] The room is open, our little
room, so as soon as court's done,

go to that room if you would and Jerry
and I will get to it as soon as we can...

- OK.
- ...with you. We're gonna stop there,

it'll be a very few minutes
and we're gonna send you home. OK?

And we'll talk later in the week,
good or bad.

Either way, you know, 'cause there
are gonna be questions and follow-up...

If they say he's innocent,
he goes home though, tonight?

Of all three counts,
if they say he's innocent,

- he goes home tonight.
- Oh, yeah, that's what I mean.

And that's one of the reasons we're
just gonna spend a few minutes with you,

- is we gotta get down to see Steve.
- Mm-hm.

If he's innocent or not,
we gotta go see him.

- Yeah.
- And make sure nobody follows you... home.

OK? If Steve is found not guilty,

you're gonna have some very angry people
in the community.

So make sure you're not being followed.

If you are, come right back here
and go to a state patrol.

Yeah. Thank you.

[Judge Willis] Members of the jury,
the court has been informed

that the jury has reached
its verdicts in this case.

At this time, I will ask the foreperson
to present the verdicts to the bailiff

so that they may be brought forward.

At this time,
the court will read the verdicts.

On count one,
the verdict reads as follows:

"We, the jury, find the defendant,
Steven A. Avery,

guilty of first degree
intentional homicide

as charged in the first count
of the information."

On count two, the verdict reads:

"We, the jury, find the defendant,
Steven A. Avery,

not guilty of mutilating a corpse

as charged in the second count
of the information."

On count three, the verdict reads:

"We, the jury, find the defendant,
Steven Avery,

guilty of possession of a firearm,

as charged in the third count
of the information."

The verdict on count one is signed by
the foreperson of the jury, dated today.

The other verdicts are also signed
by the foreperson of the jury.

Members of the jury,
on behalf of Manitowoc County,

I would like to express my sincerest
gratitude and appreciation

for your service in this case.
[voice fading out]

I recognize the personal sacrifice

that the court has required of you
during this trial.

That sacrifice is a necessary part
of the price we pay

for the judicial system
every citizen enjoys.

I hope that you found the experience
a rewarding one.

At this time, you are excused.

[indistinct chatter]

We're obviously happy with the results.

We believe that a just result
was reached in this trial.

We had a pretty good idea
going into this prosecution

the kind of individual that Mr. Avery was.

I think that what Mr. Avery did
to Teresa Halbach

should speak volumes as to the kind
of person that... that Mr. Avery is,

and that's why I'm very happy
that the citizens of Manitowoc County

won't need to worry about Mr. Avery
being on their streets anymore.

OK.

Just on a personal note, I'm sure I speak
on behalf of the entire prosecution team

in thanking all of you
for allowing us to, uh...

to kind of host this... this trial
for you here in little Calumet County,

so with that, have a good evening.
Thank you, everyone.

- [man 1] Thank you, gentlemen.
- [man 2] Thank you.

[indistinct chatter]

All right.

[female reporter] Do you think that's
some kind of compromise by the jury?

I... You know,
you'd have to ask jurors that.

Um, but... I can't explain
how one would arrive

at, um, what clearly seemed
to be inconsistent verdicts.

It's not the first time
that's ever happened though either.

You talked about this process
as potentially being redemptive

and you get a little emotional about it.

I mean, now you've been
through this process.

- Was it the redemption you'd hoped for?
- No. Redemption will have to wait,

as it so often does in human affairs.

Um... it just will have to wait.

Our criminal justice system
failed Steven Avery badly in 1985.

It failed him time and time again
after 1985.

Um... I fear this is one more failure,

in spite of everyone's best efforts,
um, and honest efforts.

So I'm very sad at a personal level
because I've lost a case.

I'm sad at a broader level,
um, that we'll...

We... You know, in human life,

we just haven't mastered justice
any better than we have.

So do you think that there's a killer
out there that the police have not caught?

[Buting] Absolutely. I mean...

That's been our position all along.

Do you think
the guilty verdict on the homicide

makes it more likely or less likely

that Brendan Dassey
would be found guilty of that?

We're not gonna comment
on Brendan Dassey's case at all.

- Not gonna comment about it.
- At all.

Neither should you. Um...

How's that for being judgmental
on a day of judgments here?

Um... this is a kid who
has a trial upcoming and, um...

I'd like to see him start
with a stronger presumption of innocence

than his adult uncle was able to.

- [man] Thank you, gentlemen.
- [woman] Thank you.

All right.

The way it turned out?

They got their way.

Period.

Manitowoc County won again.

Sergeant Andrew Colborn,

one of the law enforcement officers
accused of planting evidence,

released a statement today.
It reads in part,

"I hope and pray that this verdict
helps put to rest any suspicions

or loss of confidence that this community
may have felt towards our department,

because I assure everyone
that this agency

has some of the finest law enforcement
officers in the country

in its employ." End quote.

[male reporter 2] Fox 11 also spoke
with Scott Tadych,

Steven Avery's brother-in-law.

He said, quote, "What happened yesterday
is the best thing in the world."

And also,
"He got what he got comin' to him."

I mean, I don't know if this
will make you feel good or bad,

but the first vote, you know,

a lot of times what jurors do
is they go in and they say,

"OK, let's just take a... see a show of
hands where people are leaning right now."

Seven for not guilty.

The vote was seven innocent,
three guilty and two undecided.

That's the way they started off.

Now obviously it didn't
stay that way and...

[man] The majority of us
were easygoing and laid-back.

But, um... there were
a couple stubborn ones, too.

And, um, it seems like stubborn people
can sway softer people their way.

It's just... I don't know.

For some reason, psychologically,
I think that's possible.

I know there were three that were stubborn
and, you know, weren't participating.

Which made me feel uncomfortable,
being there.

I deliberated for four hours
with the jury

and had to leave
because of a medical emergency.

And, um...

I felt there were some biased jurors
that didn't, you know, keep an open mind

and they had their mind made up,
you know, before the trial started.

Which I was pretty
discouraged about myself.

All I know is that a lot of us were weak.

Starting deliberations, weak and tired.

I don't know if it was
a compromise, you know?

"Let's just do something here
so we can get outta here."

I don't know.

To me, there's a lot
of unanswered questions.

I mean, to me, I believe
we don't know... for sure.

I mean, I don't know for sure
who killed Teresa.

Or how it happened.

I mean, all I have
is statements from... both sides.

But I don't think anybody'll ever know
what actually happened.

[Baetz] Mr. Kratz
is an experienced prosecutor.

Mr. Kratz knows right from wrong.

Mr. Kratz knows ethics.

Mr. Kratz acted unprofessionally in this.

I can't respect him for it.

He's supposed to be seeking the truth.

This wasn't seeking a truth,
he was seeking a conviction.

And... as a district attorney,

he is responsible above everybody on this.

He called the shots.

He told the cops which way
he wanted 'em to run

and he is probably the most culpable
of anybody for this.

And they gave him an award
for winning this case. It's...

What's going on now just proves,
in my opinion,

proves that... how hell-bent
they were on nailing him.

You know, how dare an Avery
make County look bad.

You know.

Now it's turned back around again.

The county's making Avery look bad.

And I think that's right
where they wanted it to be.

You know,
it played right out in their hand.

[door creaking]

[Strang] If it's all right with you guys,
I'd like to have a talk about Brendan.

Um...

- Sort of a heart-to-heart on this. Um...
- Mm-hm.

I don't know where your family is on this,

but as horrible as this is
for a 44-year-old man,

it's ten times worse when
you're talking about a 17-year-old boy

who's not very bright and, um...

you know, hasn't had a chance in life.

Um... Now I know we lost the trial,

but I think now this community
is a lot less certain

that Steven and Brendan did it

than they were before
we started Steven's case.

Yeah, because we're getting
more letters that he's innocent.

- "A hundred percent innocent," she says.
- That has to help Brendan.

And when the... when the prosecutor
stands up in closing arguments, you guys,

and says, "All the evidence shows
that one man and one man only

is responsible for the death
of Teresa Halbach..."

- One.
- One. One and one only.

- Yeah.
- Meaning Steven Avery.

- Yeah.
- So how do you come in

and prosecute a 17-year-old boy
after you've stood up and said that?

That Mark and Tom?
That Tom called up Scotty the other day.

Scotty was supposed to get Barbara
to tell Brendan to take the plea bargain.

- [Lloyd] No. That would be a no-no.
- [Carla] And that's 15.

- [Lloyd] That's asking...
- Did she tell you that too?

[Carla] The plea is 15 years.
And then 15 probation.

[Strang] Um... So, I mean, seriously?

- Tom called Scott Tadych...
- Mm-hm.

...and said, "Tell your wife
to make her son..."

- That's what she told me.
- "...take the deal."

- [Carla] Yeah, she said that to me too.
- [Strang] And what does Scott...

Is Scott doing that kind of thing?

He's never seemed to me
to be on Brendan's side.

[Carla] Oh, he told Barbara.
And Barbara said there's no way.

Lead prosecutor Ken Kratz
knows his job is only half done.

Avery's co-defendant
and nephew Brendan Dassey

goes to trial on April 16th
in Manitowoc County,

that trial expected
to last two weeks.

So a victory for you
with the change of venue,

bringing the jury in
from another county?

I don't know if you want
to call it a victory,

but I think it's important
that the jury be a fair jury,

and I think this is a way to ensure that.

When's the last time
you talked to Brendan?

Uh, we just did. No, I... We...

I met with him actually twice
in the last, you know, seven days.

- How's he doing? What's his...?
- He's fine. Yeah.

- Do you have any concerns...
- He's a very quiet person.

Do you anticipate, um,
discussing with the State

the possibility of a plea agreement?

Because that has been something
prior counsel I guess had discussed.

- Plea negotiations?
- [female reporter] Correct.

Uh... they'll be offered, I'm sure,

but once again, we're dealing
with preparing for April 16th for trial.

That's the way we're gonna
continue to prepare.

[Fremgen] When we actually got copies of
motions and the file from the prosecutor,

we realized that there
had been some major missteps,

and so we were not only
going to be representing somebody,

but we're also now having to go back

and try to correct mistakes
that are already made.

And that's...
That makes it a little more difficult,

because you don't usually
get more than one crack at it.

And now we're kind of thrown in there
to try to fix a problem,

along with trying to represent somebody.

Mark asked me, you know,
would I be interested in helping.

And after he persuaded me a little bit,
I said sure. [chuckles]

I think Ray was being nice
by saying I asked him.

I pled with him to help me on this case,

because it certainly isn't the case
that you can just have one person

and there's not a lot
of attorneys in Oshkosh

that have a background
dealing with homicides.

And this will be my fifth
or sixth homicide case.

Um, second trial, homicide trial.

At least they believe in him.

That's the main thing.

And I believe in him.

[Barb on phone] You tell everybody the
truth when you gotta get up on the stand.

[Brendan] Yeah, but look at all the stuff
that they can use, though.

- [Barb] What's that?
- [Brendan] All my statements.

[Barb] Well, what did you tell me?
How did you give your statements?

[Brendan] Well, they talked... They kept on
asking me the questions and that.

[Barb] OK, then.

[Brendan] Until they heard
what they wanted.

[Barb] That's what you need to tell
when you get up on the stand.

That's what you need to tell them.

The truth.

[theme music plays]