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Nancy Grace
Nancy Grace Mysteries: The Steven Avery Murder Evidence You Didn`t See. Aired 8-8:30p ET
Aired January 08, 2016 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Steven, everybody is listening! What do you want to say today?
STEVEN AVERY, CONVICTED OF MURDER: I`m innocent!
UNIDENTIFIED MALE: "Making a Murderer" -- it`s the latest binge-watching obsession on Netflix. The 10-part documentary follows the case of Steven
Avery, a Wisconsin man who spent 18 years in prison for rape before DNA evidence helped win his release in 2003.
NANCY GRACE, HOST: I believe that many people have rallied to support Steven Avery because at one point, he was wrongfully convicted of a rape
charge. That was an incident years back involving the rape of a jogger, Peggy (sic) Ann Beerntsen. She was jogging on a path near Lake Michigan
when she was grabbed, held at knifepoint and raped.
She made an ID from a photo array, which is a common method of photo lineup, as it is called. The way that Avery`s photo got into that photo
array lineup for her to look at, among many others, he had just in 1985 been accused of ramming into the vehicle of a sheriff`s deputy`s wife, all
right? And when they get out of the car, he pointed a gun at her. So that was fresh in the minds of the police.
And when Peggy (sic) described the perpetrator, they said, That sounds like Steve Avery, and they put him in a photo array. They did not show her just
his picture, they showed her a photo array, and she picked Avery out.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: The sheriff told the DA not to screw this case up. He wanted Avery convicted of this crime.
UNIDENTIFIED MALE: There isn`t one iota of physical evidence in this case that connects Steven Avery to it.
UNIDENTIFIED FEMALE: The people that were close to Steve knew he was always happy, happy, happy, always wanted to make other people laugh.
UNIDENTIFIED FEMALE: He didn`t dress like everybody else. They didn`t have education like other people. The Avery family didn`t fit into the
community.
UNIDENTIFIED FEMALE: Stevie did do a lot of stupid things, but he always owned up to everything he did wrong.
AVERY: (INAUDIBLE) I led a good life, until all the trouble started.
(END VIDEO CLIP)
GRACE: Go forward. There were 16 alibi witnesses for Steven Avery. There was a witness stating that he was at a store at the time of the rape.
Didn`t work. He was convicted.
He was convicted, and it was years later that the 13 hairs that were the evidence turned out not to be Steven Avery. That`s how he was released,
and that is how he was wrongfully convicted to start with. DNA was not a possibility back in the mid-`80s.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: DNA evidence exonerated him of the crime. A series of damning news reports reveal police tampered with evidence to target
Avery.
AVERY: It was hard, all the stuff I had to go through and...
UNIDENTIFIED MALE: Theresa Halbach had her whole life in front of her, and the evidence is going to show that on Halloween of 2005, that all ended.
That ended in the hands of the defendant, Steven Avery. The defendant restrained, murdered and mutilated Teresa Halbach. Mutilation of this
little girl -- she`s not this little girl, this young woman -- absolutely occurred because this is what`s left -- small, tiny pieces of bone
fragment.
(END VIDEO CLIP)
GRACE: Fast forward. Two years later, after Steve Avery is exonerated and released from jail on the rape conviction, he is back at his family`s auto
salvage business. His brothers are running it. He goes back with the family. He`s helping run it, too.
He specifically asks for 25-year-old Teresa Halbach to come and photograph a vehicle he wants in "Auto Trade." Now, she had been there on several
occasions photographing other vehicles, probably five to six times before that.
(END VIDEO CLIP)
[20:05:05]UNIDENTIFIED MALE: So Teresa takes a picture, and you come outside. She and you are both outside. You give her the money. She goes
and gets in her truck, and then gives you a "Auto Trader" magazine, is that right? OK.
AVERY: (INAUDIBLE)
UNIDENTIFIED MALE: OK. Is she in the truck or out of the truck when she gives you that magazine?
AVERY: She`s in the truck. She`s in the truck.
UNIDENTIFIED MALE: Then what happens next?
AVERY: (INAUDIBLE) shut the door. I walk to the house. I put the book on the computer, came back out. And then I was going to lock up with Bobby
(ph), but then the vehicle was gone.
UNIDENTIFIED MALE: So you walk in the house, you put the magazine down, you come out and Bobby`s vehicle is gone?
AVERY: Bobby`s vehicle is gone.
(END VIDEO CLIP)
GRACE: He "star 67s" his phone number and pretends to be someone else, and asks for the same girl to come back to the auto salvage business to
photograph this vehicle.
She made no bones about it, she did not like Avery. He frightened her. She said she was afraid of him. These are her words, not mine. She said
that he came to the door on one occasion wearing nothing but a towel.
She felt threatened by him, but in order to keep her job, she went out there to take the photo. Witnesses place her at the salvage business the
afternoon she disappears, around 2:30. Witnesses place her walking from her Toyota Rav 4 -- it`s a little SUV -- toward the office. In that
office, Steve Avery awaited her.
(BEGIN VIDEO CLIP)
GRACE: Teresa Halbach is missing. I want you to see her picture and find out about her case. Let me go straight out to Chuck Quirmbach. He`s with
Wisconsin Public Radio. Chuck, tell me what happened to Teresa? What do we know?
CHUCK QUIRMBACH, WISCONSIN PUBLIC RADIO: Well, Ms. Halbach is a photographer and was taking pictures on Monday, the 31st of October, at a
salvage yard in Manitowoc County, Wisconsin. That`s about 30 miles southeast of Green Bay.
At some point thereafter, she was not seen publicly again, and a couple of days later, on the 3rd of November, her parents reported her as missing.
Authorities began to search around, backtrack on where she had been, what her appointments were for her photography, found that she had been at the
salvage yard which is owned by the family of Steven Avery.
Avery is well known in Wisconsin. He was released from prison about two years ago after spending 18 years behind bars for a rape he did not commit.
DNA evidence found that he was not guilty.
And so he was released in 2003. He had been in the news off and on since then, and now is back in the news as a potential suspect because on
Saturday, volunteers working with law enforcement found Ms. Halbach`s car on the large salvage yard that the Avery family owns in Manitowoc County.
GRACE: Let me go straight out to the man you mentioned, Steven Avery. He is joining us by phone. Steven, I understand that Teresa came to your auto
salvage lot to take photos for the "Auto Trader," correct?
AVERY (via telephone): Yes, she did. She came down by me.
GRACE: OK. And Steven, it`s my understanding that also, you state that you saw her car leave.
AVERY: Yes, I did.
GRACE: About what time?
AVERY: Between -- she was there between 2:00 and 2:30.
GRACE: 2:30 in the afternoon. OK, Steven, how is it that her car could get all the way back in this pit area, where there is -- well, I believe
we`re showing it right now. I mean, wouldn`t she have to pass back by the office again?
AVERY: Well, on the outskirts of the office, otherwise back by me or back by (INAUDIBLE) pit in the corner is all open.
GRACE: It`s all open.
AVERY: Yes. Anybody can drive in there.
GRACE: OK. So that says to me, Chuck Quirmbach with Wisconsin Public Radio, that the assailant who took this girl would have to find her some
distance away, and then amazingly, incredibly, coincidentally, take her car all the way back to Avery auto salvage and park it back there in the pit
with all these trashed cars.
QUIRMBACH: Well, we do have to say, alleged assailant. We do not know the whereabouts of Ms. Halbach. We do not know if someone took her against her
will to where the car was found.
GRACE: OK, Chuck, Chuck, Chuck -- woman`s point of view. I`m not going to park my car in a pit of junk cars and then go on vacation, OK? You might
find my car at the airport, if I had a car, or maybe at the bus station or the train station.
[20:10:05]So back to Mr. Avery. Mr. Avery, did you see anyone else come in, anyone unusual that didn`t belong there?
AVERY: Well, Thursday night, me and my brother had to go to Menard`s to pick up some wood with the flatbed. And I seen taillights back by me.
Wasn`t supposed to be.
GRACE: Yes.
AVERY: We turned around, and we went back there, parked the truck on the side. And I took the flashlight out of the flatbed...
GRACE: OK.
AVERY: ... and I looked around by me and behind me, but I didn`t see nothing.
GRACE: Well, I want positive out, everyone, that Steven Avery is cooperating with police. He is not an official police suspect. And he is
with us tonight, speaking freely.
(END VIDEO CLIP)
GRACE: Teresa Halbach goes missing Halloween, October 31, the day that she goes to Steve Avery`s auto salvage business. On November 3, her mother
reports her missing. They had been trying frantically to find Teresa to no avail.
Volunteers start searching. Earl (ph) Avery, Steve Avery`s brother, gives permission for everyone to search the auto salvage property. Earl Avery,
Steve Avery`s brother, gives permission for the search of the Avery property. They immediately find Teresa Halbach`s vehicle, the Toyota.
They find it there, hidden at the edge of the lot, the salvage lot, and it`s covered up.
Someone is taking great pains to hide it. It`s covered up with plywood, limbs, brush. Actually, the hood from another vehicle is placed over it to
hide it. But it didn`t work. And that started the investigation into Steve Avery.
And what is significant about that, the police were not part of that initial search. Volunteers called on by Halbach`s mother were the ones out
searching initially.
(BEGIN VIDEO CLIP)
GRACE: And to Mr. Avery. Is the pit back there where her car was found locked or fenced in? Can anybody just drive back there and leave their
car?
AVERY: Well, most of the time, no.
GRACE: You mean it`s normally not locked?
AVERY: No. You can just drive right in and -- if you wanted to drop something off, you could, you know?
UNIDENTIFIED MALE: She was a very talented photographer. She had a lot -- you know, plans for the rest of her life, very outgoing, had a lot of
friends.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
[20:15:38]UNIDENTIFIED FEMALE: On the Avery family property in Larabie (ph) Thursday, news of the DNA evidence came with little to no reaction.
UNIDENTIFIED FEMALE: I`m sorry, what?
UNIDENTIFIED MALE: I`m not doing no interviews!
UNIDENTIFIED MALE: Steven Avery`s brother, Chuck, did not want to comment. His father, Allen (ph), didn`t say much, either. And although the FBI
believes the charred remains found near Steven`s home two months ago are Teresa Halbach, Allen Avery says he believes someone is out to get his son.
UNIDENTIFIED MALE: If they found any remains of her (INAUDIBLE)
UNIDENTIFIED MALE: But Allen`s daughter-in-law, Candy Avery, doesn`t believe anyone could have planted the evidence.
UNIDENTIFIED FEMALE: Well, they would have a kind of hard time trying to plant it (INAUDIBLE)
UNIDENTIFIED MALE: As she has said in the past, she believes Steven Avery, her brother-in-law, is guilty.
UNIDENTIFIED FEMALE: All the evidence points right to him because I thought he was guilty the whole while, so...
UNIDENTIFIED MALE: Has this torn the family apart, do you think?
UNIDENTIFIED FEMALE: I would think so, a little bit.
(END VIDEO CLIP)
GRACE: Almost immediately following the discovery of her Toyota parked, hidden at the edge of Steve Avery`s property, her remains were found. All
that was left of this 25-year-old photographer were her cremated, incinerated bones and a tooth. A tooth.
Also found, coincidentally, in Steve Avery`s burn pit, as he called it, were some studs, kind of rivets that were then matched back to rivets that
had been on her bluejeans. The date she went missing, she was wearing Daisy Fuentes bluejeans, and they had a pattern on them in rivets. One of
those rivets were found in the burn pit, along with Teresa`s tooth.
Also in that burn pit were the remains of her incinerated bones. The bones, what was left of them, were intertwined in the steel belts of tires,
the radials, that Avery had used as an accelerant, so to speak, to fuel the fire of her body. Also found in that blaze, the remains of the tools used
to dismember her body.
Can you imagine all that`s left of your child is one tooth and their incinerated bones?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: How do you think the truck got on that property? Which way do you think they came in, or...
AVERY: When I saw the taillights by me, and Chuck had seen the headlights (ph) by him, I don`t know who drove it.
UNIDENTIFIED MALE: Which way was it pointed?
AVERY: What?
UNIDENTIFIED MALE: The truck.
AVERY: I don`t know.
UNIDENTIFIED MALE: You don`t know? Well, what -- was there a different way in there, or -- two ways into there or what?
AVERY: A bunch of ways in there. There`s the main road, there`s by me, there`s the pit.
UNIDENTIFIED MALE: What about this cop? Do you want to talk about that?
AVERY: Tammy (ph) told me that.
UNIDENTIFIED MALE: Tammy told you?
AVERY: Yes.
UNIDENTIFIED MALE: Is she a friend of yours or something, or...
AVERY: Yes, I know her.
UNIDENTIFIED MALE: What did she tell you?
AVERY: She told me that she heard that a cop put it out there and planted evidence.
UNIDENTIFIED MALE: Put what out there?
AVERY: That vehicle.
UNIDENTIFIED MALE: And that`s Teresa`s vehicle?
AVERY: Yes.
UNIDENTIFIED MALE: So Tammy told you that somebody told her...
AVERY: Yes.
UNIDENTIFIED MALE: ... that a cop put that vehicle -- Teresa`s vehicle out on your property.
AVERY: Yes. I didn`t do it!
UNIDENTIFIED MALE: Who did it?
AVERY: I don`t know.
Now there`s a chance maybe the truth will come out. I want everybody to know I`m innocent. That`s all I`m asking for.
I try to wrack my brain and think and think, who`s doing this to me? I can`t figure it out. I still come up with that dead end. Just like the
last case, I couldn`t figure out.
[20:20:02]I`m in the same situation that I was before. There`s a couple of them wanting to nail me, and other ones who didn`t. But nobody speaks up.
But I go through this over and over. Sometimes, I just wonder -- I don`t know. It`s just hard to take in, you know?
(END VIDEO CLIP)
GRACE: There is a mountain of forensic evidence, specifically DNA. And isn`t it ironic that DNA exonerated him on that older rape case, and then
convicted him on murder, the murder of Teresa Halbach?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Teresa Halbach`s mitochondrial DNA came from her mother, Karen (ph), this unique form of DNA found in the egg that gave
Teresa life 25 years ago.
UNIDENTIFIED MALE: So if they say this is the DNA that`s compatible with the mother`s DNA, then it is her DNA, and that`s within scientific
certainty.
UNIDENTIFIED MALE: Tests for more common genomic DNA could not be identified in this case because of the condition of the bone fragments
found in a burn pit behind Steven Avery`s home.
UNIDENTIFIED FEMALE: The human remains, the bone fragments, had undergone considerable heat and burning.
UNIDENTIFIED MALE: But that fire pit heat couldn`t destroy the mitochondrial DNA. It would have been protected since it`s smaller and
found inside the bone itself.
UNIDENTIFIED FEMALE: Certainly, under the circumstances of the burning, it is about the only sample one could get at. Other genomic DNA analyses are
just as good if you have the proper starting material.
UNIDENTIFIED MALE: More than two-and-a-half months have passed since the bone fragment discovery on the Avery property. The painstaking tests and
analysis were delayed not by what DNA analysts had to work with, but the backlog of national cases also looking for answers.
UNIDENTIFIED MALE: And they get a match in the mitochondrial DNA. It exceeds 99.9 percent probability that they`ve got it, all right? That`s as
close as you come to in science, period.
(END VIDEO CLIP)
GRACE: Steve Avery`s blood was found in six different places inside Teresa Halbach`s vehicle. It was found on the ignition, it was found on the CD
case, it was found throughout the car.
(BEGIN VIDEO CLIP)
SHERIFF JEFF PAGEL, CALUMET CO.: A significant amount of blood was also discovered in Teresa Halbach`s vehicle. And samples of blood were also
found on the Avery property and in buildings on the Avery property. And again, this evidence is being analyzed by the state crime lab.
(END VIDEO CLIP)
GRACE: His sweat -- now, a search warrant can force you to give up blood, fingerprints, saliva, hair. I`ve never heard, in all my years as a
prosecutor, a search warrant forcing someone to sweat and then get the sweat from them.
Avery`s sweat was found under the hood of Teresa`s car. Oh, yes, he was sweating! He`s molested her, killed her, dismembered her body, burned her
body, and is hiding her vehicle. I guess he was sweating!
Not only that, Teresa`s DNA was found on a bullet, that bullet found in Avery`s garage. And it is without a doubt ballistically 100 percent fired
from Avery`s gun, later found in his bedroom.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The key that was used to start Teresa Halbach`s vehicle was found in Steven Avery`s bedroom.
GRACE: Special guest Sheriff Robert Hermann from Manitowoc County sheriff`s office. Sheriff, thank you for being with us. The handcuff
evidence -- what do we know about handcuffs in his home?
SHERIFF ROBERT HERMANN, MANITOWOC COUNTY (via telephone): There were handcuffs and leg irons found at the residence, from what investigators
have told me.
GRACE: Well, we`re showing them right now. And isn`t it true, Matt Zarrell, that this is exactly what Avery was planning behind bars when he
was originally behind bars on another charge, that he planned his dream torture chamber to torture, attack, rape and murder women. He talked about
handcuffs and leg irons.
MATT ZARRELL, NANCY GRACE PRODUCER (via telephone): Yes. It`s not only that, Nancy, but inmates have told prosecutors that Avery even drew
diagrams of the torture chamber that he planned to build.
GRACE: Matt, we`re showing the bedroom right now. What, if anything -- what evidence was found in Steven Avery`s bedroom?
[20:25:02]ZARRELL: OK, the key there is the keys, the keys to Teresa`s SUV. The reason it`s important is because forensics showed that Avery`s
sweat was on the keys. Now, many have argued that police are framing Avery for the murder. But some are questioning, if they framed him for the
murder, how do they get his sweat on her keys in his bedroom?
(END VIDEO CLIP)
AVERY: Something ain`t right. That`s all I know. They checked that property over. They didn`t find nothing. That`s all I know. Then they
find something. I don`t know no more than that. How can I know any more than that?
(END VIDEO CLIP)
GRACE: Think this through. Her DNA -- had to be her blood. Her DNA on the bullet found in his garage fired by his weapon. Not only that, his DNA
found on her car keys that were later found stashed in a bookshelf in Avery`s bedroom. I mean, this is an avalanche of DNA and forensic evidence
against Avery.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: In Wisconsin, Steven Avery had become a symbol of a flawed system. He spent 18 years in prison, convicted of a rape he never
committed. Two years ago, after new DNA evidence proved him innocent, Avery walked out of the prison gates. He was a free man, until now.
UNIDENTIFIED MALE: I intend to file a criminal complaint in Manitowoc County charging Steven Avery with first degree intentional homicide.
GRACE: Steven, I understand that Teresa came to your auto salvage lot to take photos for the "Auto Trader." Correct?
AVERY: Yes, she did. She came down by me.
GRACE: OK. And Steven, it`s my understanding that also, you state that you saw her car leave.
AVERY: Yes, I did.
GRACE: About what time?
AVERY: Between -- she was there between 2:00 and 2:30.
GRACE: Wouldn`t she have to pass back by the office again?
[20:30:03] AVERY: Well, on the outskirts of the office. Otherwise, back by me or back by (INAUDIBLE) pit in the corner is all open.
GRACE: It`s all open.
AVERY: Yes.
GRACE: So...
AVERY: Anybody can drive in there.
GRACE: Netflix documentary would want us to believe that police and law people all conspired to frame Steven Avery. But hold your horses. I guess
Ma Bell is in on it, too. The phone company is part of the conspiracy, because phone records show the day Teresa goes missing, there were three
calls from Steve Avery to Teresa Halbach.
They go as follows. The first two were star 67ed. That`s the feature you can use on your phone to mask your identity, like star 69 shows you who
just called you. Star 67, you punch in, then you dial the number you want to call, and when they pick it up they can`t tell who is calling. It hides
the caller`s I.D.
The first two calls were star 67ed by Halbach to get Teresa. The first two calls were star 67ed by Steve Avery to Teresa, to lure her to his property.
(BEGIN VIDEO CLIP)
ALLAN AVERY, STEVEN AVERY`S FATHER: That day, when that woman come to take those pictures, we all knew it. Everybody knew. Stevie says, I got to be
home at a certain time. That gal is coming to take a picture of the car.
You`re telling me a man is going to tell somebody something like that and then kill her? I don`t think so.
JODI STACHOWSKI, STEVEN AVERY`S FORMER GIRLFRIEND: I`m looking at the phone bill from October 31st. I called Steven at 5:36, supposedly when all
this murder, whatever, was supposedly happening.
And we talked for 15 minutes. And the conversation was normal. He didn`t sound rushed or like he was doing anything. And if he was in the middle of
doing something, we wouldn`t have talked for 15 minutes.
And I called back at 8:57. Everything was normal then too. He was getting ready -- I think he was in bed. If he was hiding something, or if he would
have done something, I could hear it in his voice. And that was all fine.
(END VIDEO CLIP)
GRACE: But there was a third call. Listen to this. Later on that afternoon, several hours later, this is after she`s dead, he calls her
back. He doesn`t star 67 it. He is trying to create his alibi. His fake alibi.
He calls from his phone to Teresa`s phone. His I.D. is shown, and he`s like, "hey, how come you never showed up to take that picture for "Auto
Trader?" Where are you?" to try to pretend she had never come there.
He`s covering his tracks. He told -- he told me that she was there. But then he tried to cover his tracks by pretending she had never shown up.
Steven, I understand that Teresa came to your auto salvage lot to take photos for the "Auto Trader," correct?
AVERY: Yes, she did. She came down by me.
GRACE: OK. And Steven, it`s my understanding that also you stated that you saw her car leave.
AVERY: Yes, I did.
GRACE: About what time?
AVERY: Between -- she was there between 2:00 and 2:30.
[20:35:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Since October 31st, Wisconsin police have been searching for this woman, Teresa Halbach, a 25-year-old photographer. She
was shooting pictures of cars that day for "Auto Trader" magazine.
She had an appointment at Avery`s Auto Salvage, the junkyard owned by Steven Avery`s family.
AVERY: I hope she shows up soon and then it would be all over with.
UNIDENTIFIED MALE: During the search, Steven Avery was giving interviews, telling reporters he was innocent, that he believed once again police were
out to get him.
AVERY: I worry about it every minute. I look out the window, oh, is there a squad car here? Are they going to pick me up? When are they going to pick
me up? When I`m sleeping, are they going to come in? I always got that fear.
(END VIDEO CLIP)
GRACE: These are some of the claims the defense raises. Number one, there was a motive to frame him, according to the defense, and according to
Netflix. He, Steve Avery, had filed a $36 million lawsuit against the government for his wrongful conviction.
So, according to Netflix, cops had it out for him. Now, how they can rope in an adjoining county that was not being sued is beyond me. There are two
jurisdictions involved, Calumet and Manitowoc. Only one of them were being sued.
So I guess the conspiracy lapped over the county lines. But that`s what they say is motive for framing him. They also attacked the DNA evidence.
Netflix and the defense claim that the keys that were found in Avery`s room by two police officers -- remember, those keys had critical DNA evidence on
them ,that the cops planted those in his bedroom.
They also claim that the two cops that guarded the car, Teresa`s car, for a couple of hours until it was impounded, that they were the ones that
planted his blood evidence in Teresa`s car.
(BEGIN VIDEO CLIP)
AVERY: They planted evidence. How else could it be there? I didn`t do nothing. It didn`t make no sense.
(END VIDEO CLIP)
GRACE: Mr. Avery, do you feel like you`re being framed in any way?
AVERY: Yeah.
GRACE: Why?
AVERY: Because every time I turn around, the county is always doing something to me.
GRACE: In this case, do you think you`re being framed?
AVERY: Yeah, I`m being set up because of my lawsuit and everything else.
GRACE: Because of your previous incarceration, you`re suing?
AVERY: Yeah. They set me up then. And then ...
GRACE: Well, do you think it has anything to do with her car being found at your auto shop?
AVERY: No. I think it`s because of my name and what I went through from them.
(BEGIN VIDEO CLIP)
[20:40:00] KEN KRATZ, FORMER CALUMET COMPANY D.A.: Witnesses place Mr. Avery with the victim, Teresa Halbach. Witnesses that we`ve determined have
indicated that Mr. Avery was the last person to see Teresa Halbach, at least as we know the last person to see Teresa alive was that of Steven
Avery.
GRACE: Now, remember, as of tonight, Steve Avery is blaming not just the cops and the D.A., he now says his own brothers may have smeared his blood
in Teresa`s car. Okay? So keep that in mind. Maybe they did it.
Also, there was the DNA evidence found on the bullet in Avery`s garage. That`s Teresa`s DNA on Avery`s bullet. He says that was planted as well,
because it was found four months after the fact.
There`s one last DNA contention. At the crime lab, one of the crime lab techs accidentally got their DNA in one of the samples. But the reality is,
that would have only compromised the DNA or you couldn`t get a match. Okay?
They still got a match on Halbach and Avery. And the crime lab tech testified to that. So that`s actually counter intuitive.
(BEGIN VIDEO CLIP)
SANDY GREENMAN, STEVEN AVERY`S GIRLFRIEND: I had no idea it would be this big of a firestorm. She is terrific at post conviction. The best in the
country. And that`s why I`ve been trying to get her for four years.
GRACE: According to Greenman, the unnamed attorney wants to retest the blood found in Halbach`s vehicle against the test tube of Avery`s blood
that was in the Manitowoc County Clerk of Court`s office. But she realizes, even after more than 10 years, it`s probably going to take additional
evidence to reopen the case.
GREENMAN: I think maybe the only way that this is going to happen is if somebody comes forward, and that`s something I`ve been praying for. That
someone that knows something about the real killer will come forward.
(END VIDEO CLIP)
[20:45:00] (COMMERCIAL BREAK)
UNIDENTIFIED MALE: "Dateline" Saturday, a young woman vanishes. Does her disappearance have a mysterious link to a terrifying crime three years
before?
UNIDENTIFIED FEMALE: This is a perfect "Dateline" story. It`s a story with a twist, it grabs people`s attention. There`s a man who was found innocent,
you know, after 18 years in prison, and now, oh, my gosh, he could be back in jail for a crime he really did commit.
Right now, murder is hot. That`s what everyone wants, that`s what the competition wants and we`re trying to beat out the other networks to get
that perfect murder story.
AVERY: They can`t go a couple days without putting my name on T.V. How you gonna get a fair trial? They say it`ll all die down. Well, it can`t die
down, if it`s always on T.V.
Brendan goes up, they always talk about me. They`re saying I`m guilty before I even go to trial. Where`s the justice?
(END VIDEO CLIP)
GRACE: What is so disturbing about the Netflix documentary made by film students, is that the state side and the victim side, Teresa Halbach, is
nearly obscured. It`s extremely one-sided.
It`s very upsetting to the victim`s family and crime victims all over the country. The DNA evidence was not addressed. All of Steve Avery`s priors
were not addressed. The circumstances surrounding his earlier exoneration were not addressed whatsoever.
It was a very one-sided picture. Why? I guess to reel in viewers. Well, they did that. They did that. They got viewers, all right, by a series of
half truths and omissions.
(BEGIN VIDEO CLIP)
MOIRA DEMOS, "MAKING A MURDERER" DIRECTOR: Our goal going in was always to start a dialogue, and I`m sure -- you know, a piece of that dialogue is
people`s desire to have, you know, more information about what happened to Teresa Halbach. And if somebody finds more information, I think that`s a
good thing. I think that`s what she deserves.
From my perspective, it`s a fair representation of what we witnessed going on, and that the prosecution and the victim`s family have voices in the
series. We hear them talking about how they`re feeling. We hear the prosecutor talking about why he thinks his case is strong.
(END VIDEO CLIP)
GRACE: Joining me right now, Ken Kratz, the former Calumet County District Attorney. Ken, what do you make of the death threats?
KEN KRATZ, SPECIAL PROSECUTOR IN THE AVERY CASE: When I hear callers and I read up to 3,000 e-mails that have been received by myself and my law firm
about things like they want to rape my daughter, they want me to have to watch those kinds of things happening. They want to not only kill me, but
harm my family. Those kinds of things are way beyond what`s reasonable.
You know, the internet provides an opportunity, sadly, to make these kinds of threats virtually anonymously. But at some point, they`ve got to take
some responsibility for their own behaviors.
GRACE: With me is former Calumet County D.A., Ken Kratz, on the case. When Steven Avery was investigated in the murder of Teresa Halbach, the evidence
of Avery`s guilt is overwhelming.
Ken Kratz, I did not know that someone is threatening to rape your daughter, forcing you to look on. How many death threats have come in on
you and your family?
KRATZ: Well, we`ve gotten, as I said -- it`s approaching 3,000 e-mails, most of them are insulting in nature. A good portion, however, are not only
threatening, but threatening to the point of -- including specificity.
Sadly, the Douglas County Superior Law Enforcement is involved. They are collecting evidence. We had a package that was received last week that
exploded in our office. And although it only exploded glitter from these glitter bombs, it did cause a significant damage to our office equipment
and things like that.
And so what is really disturbing, Nancy, is the opportunity that some individuals are taking not just to complain about a verdict or a decision
in a case a long time ago, but seemed to take the opportunity to attack me personally, my business or those other persons that were involved in this
case.
[20:50:00] GRACE: Well I just wonder, I wonder Ken Kratz, is Netflix going to do a documentary about this, since they stirred this up and basically
laid out a case in a 10-part series that Avery`s really innocent and that you and lawmen like you are responsible for an innocent man going into jail
over a murder he didn`t commit.
I wonder if they`re going to do a documentary about that? You know what? I bet they`re not, because what I`m saying tonight, Ken Kratz, is that maybe
at the beginning, when these producers that did this documentary sold them on the idea, that they thought, hey, great! We`ll expose wrongdoing.
Maybe they didn`t know it was all B.S., and that this was not a fair documentary, but what are they? An ostrich with their head in the sand and
their tail in the air? They know now. They know now that you are getting death threats and so is your family. They know the truth.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Making a murderer attracted a huge following including many celebrities who are keeping praise on the series. After Ricky Gervais
tweeting, "Never mind an Emmy or an Oscar, "Making a Murderer" deserves a Nobel Prize. The greatest documentary I`ve ever seen.
Not everyone is a fan. Former District Attorney, Ken Kratz, was a special prosecutor in the Avery case. He tells CNN affiliate, WLUK, the documentary
was biased, in favor of the defense.
KRATZ: The jury was provided a much different picture than what this series provides.
UNIDENTIFIED MALE: Filmmakers spent 10 years following the case and defend their work.
DEMOS: We believe the series is representative of what we witnessed. The key pieces of the state`s evidence are included in the series.
UNIDENTIFIED MALE: Avery remains in prison, serving a life sentence without the possibility of parole, while fans dissect the series and the
case online, even circulating a petition urging a presidential pardon.
AVERY: The truth always comes out.
(END VIDEO CLIP)
[20:55:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Avery maintains he`s innocent and defense lawyer said authorities planted evidence to frame him for murder.
AVERY: It all comes back and all the memories and everything else out there to schedule me out again, and deep down it hurts.
UNIDENTIFIED MALE: Maybe the truth will come out.
AVERY: I want everybody to know I`m innocent.
UNIDENTIFIED MALE: We, the jury, find the defendant, Steven A. Avery, guilty of first-degree intentional homicide as charged in the first count
of the information.
(END VIDEO CLIP)
GRACE: The reality is that the governor of Wisconsin has now said, in the last hours, he will not pardon Steven Avery. That a documentary made by a
couple of film students is not going to override a jury`s decision.
And as far as the White House granting a pardon? I mean, I know, every president in the history of this country goes haywire right before they
leave office. So Obama`s prime to grant pardons, but I guarantee you, this ain`t going to be one of them.
(BEGIN VIDEO CLIP)
MIKE HALBACH, TERESA HALBACH`S BROTHER: The pain we feel will never go away, but our memories of Teresa will always last with us and that`s what
we`re going to take with us the rest of our lives.
TERESA HALBACH, VICTIM: I love making people laugh. I love laughing. I love my sisters, my mom, my whole family of course. I don`t hate anyone. I
love a lot of people. I feel loved.
(END VIDEO CLIP)
[21:00:00] (COMMERCIAL BREAK)
END
