#MakingaMurderer #StevenAvery #KathleenZellner
00:00 - Teresa's Story
Open on Kratz telling the jury Teresa Halbach is telling them a story based on where her DNA was found, followed by footage of Buting confronting State DNA analyst Culhane about her contamination record at the WSCL. Steven is convicted. Brendan is convicted. Barb breaks down, after which reporters elicit a somewhat sympathetic comment from Mike Halbach about Barb's reaction.
03:37 - Demise of the Prize
Obtaining Steven and Brendan's conviction in 2007 was certainly the high point of Kratz's professional (criminal) career. In 2010 the revelation of multiple sexual misconduct allegations against Kratz lead to his sudden resignation (including footage of the moment Kratz's attorney announces the resignation in court). This attorney was also placed in the unenviable position of having to relay a message from Kratz that Calumet County citizens need to "move on." Three years later (2013) Demos and Ricciardi enter post production on MAM. The Halbachs drop their civil lawsuit against Steven Avery and Brendan Dassey, also suggesting it was the right time to "move on." 2014 also was a difficult time for Wisconsin LE, as the DOJ had been exposed for failing to investigate child porn tips and only doing so after offenders had been accused of sexually assaulting children.
07:05 - Kathleen Zellner's Goal
Making a Murderer is released and local media are back on the case. Zellner enters the picture immediately confirming her belief the flawed nature of the forensic evidence is what convinced her Steven is innocent. She also explains why it is important to file civil lawsuit post exoneration, to ensure the system will take steps to correct itself - "That rights are preserved; due process isn't abused; that the wrong people aren't sent to prison." Kratz, Pagel and Hermann are then seen responding to the growing outrage over the documentary. Kratz says he doesn't want to convince everyone all over again; Pagel feels bad for the Halbachs; and Hermann (who hasn't seen the documentary) claims it doesn't share all the facts.
10:39 - I've Gahn DNA Testing
Kathleen Zellner makes it clear she intends to question the DNA evidence presented at trial. The state quickly requests that Norm Gahn, a DNA expert, be reinstated as a special prosecutor in the case in the event DNA testing becomes an issue in the Avery case. Zellner reveals her interest in testing the Manitowoc County Quarry bone fragments (initially 8675 only) and concisely details some significant issues with the remains. Initially Fallon repeatedly represented to Zellner he was inclined to make the bones available for further examination. The same day Zellner reveals the fruits of her investigation into Bobby Dassey & Scott Tadych (September 18, 2017) Fallon agrees to release the RAV and quarry bones (item A & 8675).
12:24 - Denied, Denied, Denied
Less than two weeks later the circuit court denied Zellner's motion for post conviction relief and a new trial thereby nullifying the state's responsibility to provide the RAV and bones for testing (Fallon and Gahn also refused to sign onto Zellner's motion to vacate the denial and allow the agreed upon testing to move forward). Zellner appeals to the Wisconsin Court of Appeals II, and she is Denied. Zellner petitions the Wisconsin Supreme Court for review, and is Denied.
13:35 - Wrong Number
Zellner's motion was likely denied by the circuit court (just in time) to prevent her from accessing the RAV4, but also from discovering the bones she was told she could test had long ago been destroyed.
Eventually it came out that 8675 was no longer in state custody, meaning the state was trying to deceive Zellner and the court about what biological evidence it did or did not have available for testing.
This is particularly troubling considering Steven Avery's history with the Wisconsin criminal justice system - a man previously wrongfully
convicted for 18 years and exonerated ONLY due to testing of what again? Biological material collected during the investigation. A single hair exonerated Steven Avery. So of course this time around the
state decided it was in their best interest to prevent Steven Avery from testing biological material collected during an investigation that resulted in his conviction. This premature and clandestine
destruction of potentially exculpatory biological evidence remains perhaps the most egregious example of misconduct that has been exposed
since the premiere of Making a Murderer in 2015.
Special Thanks:
- N64 Controller
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- New Scott
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- Foul Play
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