IT is the television series that has gripped the world — the real-life
story of a hillbilly outcast who many suspect was framed for murder by
police.
Steven Avery had been preparing to sue local officials after being wrongfully
jailed for rape when the same sheriff’s department arrested him over the
killing of a young woman.
He was found guilty and jailed for life, but now the painstaking investigation
in Netflix series Making a Murderer has shown apparently jaw-dropping flaws
in the case and in the US justice system.
Filmmakers Moira Demos and Laura Ricciardi spent more than ten years piecing
together the twists and turns of the story for the ten-part series on the
streaming service.
Such is its power, more than 330,000 people have now signed a petition calling
on President Obama to free Avery, who is still in jail for the murder of
25-year-old photographer Teresa Halbach.
At the centre of their programme is one crucial question: Did the police
frame Avery as payback for his lawsuit? Or did 18 years in prison for a rape
he did not commit turn him into a man capable of murder?
The odds were stacked against Avery, now 53, from the beginning.
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In Manitowoc County, Wisconsin, the Avery family, who ran a scrapyard, were
seen as trouble-making hicks.
From a young age Avery had brushes with the law. including a spell in prison
for burglary, an incident in which he ran his cousin of the road and a
charge of animal cruelty after he set a cat on fire.
He was lower class and of below-average intelligence and apparently did not
own any underwear.
In short, he was a social outcast and an easy scapegoat.
In 1985, Avery was arrested for the rape of Penny Beerntsen, 36, who was
attacked as she jogged along a beach.
Despite more than 16 alibi witnesses, and a raft of evidence suggesting he
could not have been the perpetrator, Avery was found guilty and sentenced to
32 years in jail.
In 2003, after he had already served 18 years of his sentence, DNA evidence
proved the real attacker was a serial rapist, Gregory Allen.
When Avery was released from prison, he said: “I don’t blame the victim,
what happened to her was horrible. It’s the cops that set me up.”
Determined to be compensated for the miscarriage of justice, Avery filed a
lawsuit against the local authorities and the prosecutor who had put him in
jail, seeking £24.6million damages.
What happened next was the first of many dark twists revealed by the ten-hour
series, whose episodes were all released in one go,
Two years after his release, with his civil case still unresolved, Avery was
arrested for Halbach’s murder.
Again, he was found guilty and this time, jailed for life.
The evidence was compelling. On the day Teresa disappeared, she was at the
Avery scrapyard to take pictures of a car for a magazine.
Avery was one of the last to see her alive, her car was still at the yard and
the key to it was found in the bedroom of his trailer.
His blood was found in her car and a bullet casing with his DNA on was found
in his garage.
Then came a confession by Brendan Dassey, Avery’s 16-year-old nephew, who said
he raped Teresa on his uncle’s orders then watched him shoot her dead in the
garage.
Dassey was also sentenced to life for the crime — but his confession is far
from reliable.
He has learning difficulties and a lower-than-average IQ, but was repeatedly
questioned alone for hours. The defence suggested he was coerced into making
his confession, which he later retracted.
Avery’s defence team also found an 11-year-old vial of Avery’s blood that
had apparently been tampered with, suggesting that police had the chance to
plant it at the scene.
The key to Halbach’s car, which was presented as vital evidence by
prosecutors, was missed in several of the initial searches of Avery’s
property — then found in plain sight. Could it have been planted too?
And if the victim was killed in Avery’s bedroom or garage, as prosecutors
alleged, then why was none of her blood, hair, sweat or skin found at either
location?
Fragments of her bones were, however, found at another location miles away
from Avery’s land. It seems that a shadowy line-up of police and officials
could have conspired to frame Avery and save the county paying out for his
original wrongful conviction.
Police officers James Lenk and Andrew Colborn were involved in both the 1985
rape investigation and the 2005 murder case and had a motive to cover up
their negligence.
Former Manitowoc County sheriff Ken Petersen, who incorrectly arrested Avery
for the 1985 rape, told reporters it would have been “easier to kill” Avery
than to frame him.
Ken Kratz, the special prosecutor in the murder trial, refused to talk to the
filmmakers. But he has since accused them of “presenting misinformation” and
intentionally withholding facts which would convince viewers Avery was
guilty.
This is the same man who was forced to resign in 2010 after being caught
sexually harassing domestic abuse victims.
Convincing as the series is, it won’t be enough on its own to get Avery out of
jail. The governor of Wisconsin, Scott Walker, has already ruled out a
pardon despite mounting public pressure. President Obama cannot intervene
because the conviction was handed down in a state rather than a federal
court.
Hacking group Anonymous claims it is going to release vital documents that
could be the fresh evidence Avery needs for a retrial.
Meanwhile, the filmmakers themselves insist they never set out to prove
Avery’s innocence. Instead, they say they wanted to paint a picture of the
US legal system and show its flaws.
Laura Ricciardi says: “The takeaway is that the American criminal justice
system is in peril. We, as American people, should have concerns about that
system.
“Why aren’t there more safeguards to protect against someone who had been
wrongly convicted?”
The ‘sexy’ lawyers
STEVEN AVERY’S defence lawyers have found themselves to be unlikely sex
symbols thanks to the series.
Dean Strang and Jerome Buting have inspired numerous declarations of love on
Twitter. One woman wrote: “Dean Strang . . . more like Dream Strang
#strangcrush.”
When asked about the attention, Strang said: “My wife finds this very, very
hard to believe.
Why law is on trial
July 9, 1962: Steven Avery is born in Manitowoc County, Wisconsin. His
extended family live on the scrapyard they run and are seen as redneck
outcasts by the wider community.
July 29, 1985: Penny Beerntsen attacked while jogging along Lake
Michigan shoreline by man in a leather jacket and armed with knife.
December 14, 1985: Jury finds Avery guilty of rape and attempted
murder, despite 16 alibi witnesses. Sentenced to 32 years in prison.
September 11, 2003: Avery freed from prison after 18 years. DNA
evidence proves his innocence and the guilt of serial rapist Gregory Allen.
October 12, 2004: After a Department of Justice investigation clears
local sheriff’s office of criminal wrongdoing, Avery files a civil lawsuit
seeking $36million in damages from Manitowoc County, the former sheriff Tom
Kocourek and the prosecutor Denis Vogel.
October 31, 2005: Freelance photographer Teresa Halbach vanishes on the
same day she has an appointment to photograph cars at the Avery scrapyard. A
massive police search is launched.
November 15, 2005: Avery charged with Teresa’s murder after bone
fragments and her car are found on his property. He maintains his innocence.
March 3, 2006: Sixteen-year-old Brendan Dassey, Avery’s nephew, is
arrested and confesses to police that he was his uncle’s co-conspirator.
December 20, 2006: Avery’s defence attorneys find an 11-year-old vial
of Steven Avery’s blood at the court office that has been tampered with.
They believe it could be evidence Avery was framed.
March 18, 2007: After three days of deliberation, jury finds Avery
guilty. He is sentenced to life. Dassey also convicted.
December 18, 2015: Netflix releases ten-part documentary Making a
Murderer.
Celebs gripped by TV show
CELEBRITIES have been among hordes of agog viewers tweeting about the series.
Here are just a few.
Comedian Ricky Gervais:
Never mind an Emmy or an Oscar. @MakingAMurderer deserves a Nobel Prize. The
greatest documentary I’ve ever seen.
Actor Alec Baldwin:
If your appetite for justice and fascinating documentary is unabated during
the holidays: @MakingAMurderer @netflix.
Fifty Shades Of Grey author EL James:
They got to my head #MakingAMurderer watching the interrogation of the
16-year-old boy is making my blood boil.
Actress Kristen Bell:
The only thing making me sicker than this flu is watching #MakingAMurderer.