So I Just Watched Making a Murderer…

…and it certainly took me on a roller coaster ride, especially regarding its main subject.

(Trigger warning for those sensitive to violent crime topics: this article will contain mentions of such subjects and some brief references to pedophilia.)

This documentary series, which served as one of the earliest Netflix original programs, generated a storm of controversy when it first premiered in December 2015, thanks to its shocking accusations of police corruption and misconduct in the trial of Steven Avery.

Season 1
Police diagram of the site of Penny Beerntsen’s assault

Before we explore that controversy, a little background: Steven Allan Avery was a resident of Manitowoc County, Wisconsin, who grew up in a family that was widely viewed as the redneck black sheep of the community. Nevertheless, his father owned a successful auto salvage business that kept his family fed.

Avery’s calm rural existence was shattered in July of 1985 when he was sentenced to thirty-two years in prison for the rape and attempted murder of Penny Beerntsen, despite eyewitnesses corroborating his alibi of being in Green Bay at the time. He was released after 18 years when DNA evidence proved that the rape had actually been committed by Gregory Allen, another local man who bore a striking resemblance to Avery and had a history of violence against women. A vengeful Avery decided to sue the Manitowoc County police department for $36 million and was even the primary inspiration for new Wisconsin state legislation to decrease the likelihood of future wrongful convictions.

But, to paraphrase the words of Michael Corleone, just when he thought he was out, they pulled him back in. On Halloween of 2005, a local photographer named Teresa Halbach went missing, and a search party found her Toyota RAV4 in the auto salvage junkyard a few days later. Police searched Avery’s property and claimed to have found Teresa’s bones in the remains of a bonfire Steven had held on Halloween. They later found the key to the RAV4 in Steven’s bedroom, and Steven was arrested and tried for her murder. When his nephew, Brendan Dassey, confessed to helping his uncle kill Teresa and dispose of her corpse, things became even bleaker for Steven. He was sentenced to life without the possibility of parole, while Dassey (only 17 at the time of his sentencing) was ineligible for parole until 2048.

Steven and Brendan’s defense teams pointed to numerous inconsistencies in the prosection’s evidence, including but not limited to:

  • It seemingly took multiple searches of Steven’s property to find enough evidence to incriminate him (I think the key wasn’t discovered until the sixth search, if I’m not mistaken).
  • Steven’s lawyers questioned why Steven didn’t use the compactor in the junkyard to dispose of the RAV4 and how he would be stupid enough to leave Teresa’s bones lying around on his property.
  • The lawyers also questioned how little of Steven’s blood was found inside the RAV4, especially when they found a vial of Steven’s blood collected from his previous conviction that looked like a hypodermic needle had punctured it. This was possibly disproven by the prosecution when analysis proved that there was no EDTA (a preservative added to blood samples to prevent coagulation) in the sample.
  • Brendan Dassey’s confession was also thrown into question, thanks to the coercive tactics his interrogators used and Dassey’s intellectual and developmental disabilities (he scored in the seventies on an IQ test), which the defense argued made him highly impressionable.
Interim and Reactions
Photo of Teresa’s RAV4 as it was found in the Avery Auto Salvage Yard

I’ll admit that I was fully convinced that Steven Avery and Brendan Dassey had been framed by the last few episodes of the first season. However, as I looked at some other articles about the incident, I learned about certain troubling facts of Avery’s past that the miniseries’ directors, Laura Ricciardi and Moira Demos, had conveniently left out.

They did talk about some morally questionable things Steven had done before his 1985 conviction. For example, in January of that year, he ran his first cousin off the road and threatened her with a gun after she accused him of masturbating in her direction. They also brought up an incident from 1982 where Avery and a few friends horrifically murdered a cat by pouring gasoline over it and dropping it on a fire (which the documentary frames as an accident) and his burglary of a bar the year before. Avery dismisses it in the first episode by saying that he “was young and stupid and hanging out with the wrong people.”

Somewhat less defensible is the fact that Steven wrote letters to his first wife threatening to murder her, especially when she told Steven she wanted a divorce. He is also alleged to have told another prisoner that he planned to create a torture chamber with which to spirit away female victims. He even bought handcuffs and leg irons shortly before Teresa’s murder, which he claimed was for his then-girlfriend Jodi Stachowski. And if that wasn’t bad enough, Stachowski (who was featured in the first season) later claimed that Steven threatened to kill her if she said anything that made him look bad and had been physically abusive in the past.

Not even members of his own family were allegedly safe from Avery’s depredations. A female relative claimed that Avery had raped her in 2004 and threatened to kill her family if she told anyone. Also, Brendan Dassey later claimed that Steven had touched him in ways that made him uncomfortable, so there’s that too.

That being said, that still doesn’t mean the prosecution is totally innocent either. There are clearly several holes in their arguments. For instance, Dassey originally claimed that Teresa had been murdered in Avery’s bedroom, despite there being no blood anywhere in the room. Their alternate theory that Teresa was murdered in Avery’s garage is also questioned by his attorneys, who question how Avery could have been thorough enough to scrub all of her DNA from the garage and the junk inside and still not think to dispose of her bones. On top of all that, the Manitowoc County sheriff’s department clearly had a conflict of interest in involving themselves in Avery’s case (so much so that his trial took place in neighboring Calumet County). Yet, they were the ones who searched Avery’s property and found all the evidence the prosecution used.

Season 2

The second season, released in December of 2018, mainly follows Kathleen Zellner, an attorney specializing in wrongful convictions, as she tries to build a case for Avery’s innocence. At the same time, we follow Brendan Dassey’s new attorneys as they battle for appeals all the way to the Seventh Circuit and the Supreme Court.

All the while, Zellner digs up new inconsistencies in the prosecution’s evidence, including but not limited to:

  • The idea that the police did not take Steven’s blood from the vial that his attorneys originally found but from Avery’s bathroom sink after he bled into it from a cut on his middle finger (possibly supported by marks from a crowbar on Avery’s front door).
  • Zellner also managed to gain access to a bullet found in Avery’s garage that allegedly had Teresa’s D.N.A. on it, arguing that if Avery had fired it through Halbach’s skull as the prosecution claimed, there should be bone fragments embedded in it. Instead, forensic investigators only find wood fragments and a waxy substance that Zellner suspects to be Halbach’s lip balm (thus suggesting where Teresa’s D.N.A. came from).
  • Zellner learned of a truck driver who claimed to have seen the RAV4 in a location away from the Avery property before it was discovered in the junkyard. Unfortunately, the first officer he told of this was Andrew Colborn, the officer accused in the first season of being one of the masterminds behind Avery’s framing, and thus nothing came of it.
  • Zellner also interviews Debra Kakatsch, the Manitowoc County coroner at the time, who was not only prevented from investigating the alleged site of Halbach’s murder but was also prevented from testifying at the trial and even quit her job a few months later as she no longer felt safe.
  • The most shocking new evidence that Zellner uncovers is Bobby Dassey’s internet history. Bobby (Brendan’s brother) is revealed to have a morbid interest in violent pornography (some involving children). Zellner even claims that several of the subjects of the images Bobby searched even looked like Teresa Halbach. The same motorist who claims to have seen the RAV4 off the Avery junkyard also texted his friend Scott Tadych (Brendan Dassey’s stepfather) about it, asking to be put in touch with Dassey’s attorneys. Nothing came of it.
My Verdict

There are many reasons to criticize the Manitowoc County police for letting their obvious biases color their view of this case, as I’ve hopefully demonstrated above. However, that doesn’t mean I’m totally convinced that Steven Avery is innocent of Teresa Halbach’s murder, especially in light of his previous history of violence against women. True, it is doubtful that the murder occurred either in Avery’s bedroom or garage. But, even with the alternate scenario that Zellner lays out in the final few episodes, I see no reason why Steven couldn’t still have been involved as well.

Even if it seems like one hell of a coincidence that Avery’s second conviction came right when he was trying to hold the sheriff’s department accountable for its previous foul-up, that doesn’t seem so improbable when you remember that there is a reason American police jokingly refer to prisons as “crime colleges.” Allow me to reiterate this Pyotr Kropotkin quote from my essay on anarchism:

Have not prisons-which kill at will and force of character in men, which enclose within their walls more vices than are met with than in any spot on the globe-always been the universities of crime? Is not the court of the tribunal a school of ferocity?

Pyotr Kropotkin, Anarchism: Its Philosophy and Model

If you combine the horror of American prisons with Avery’s previous violent tendencies, you can probably see why I and many others have a nagging suspicion that Zellner and Steven’s loved ones might be barking up the wrong tree.

However, I am absolutely not convinced that Brendan Dassey had anything to do with the crime. Given his limited intelligence and lack of a criminal record before his fateful interviews, plus the fact that that interview is literally the only evidence connecting him to Halbach’s death, I feel extremely confident in stating my opinion that Dassey is innocent. If you think I’m being overconfident, allow me to point you to another Netflix Original true-crime documentary series called The Confession Tapes, which details the numerous coercive techniques police can use to obtain false confessions. When They See Us, Ava DuVernay’s Netflix Original docudrama about the Central Park Five, also provides a good case study on false confessions.

In the end, despite how emotionally manipulative the series can be in regards to how invested it is in proving Steven Avery’s innocence despite significant possible evidence to the contrary, I am glad I saw it. I do recommend seeing it for yourselves; just maybe educate yourselves on dissenting voices before buying into the series’ narrative of Avery being a perfect angel. And I’m giving this one a 6/10. Thank you, buh-bye!

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