tv Dateline MSNBC December 3, 2017 1:00am-2:01am PST
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not interviewed for the netflix series, she sat down with us in 2005 for this rare tv interview. for penny, life in manitowoc was sweet, literally. her family owned a popular candy store that has been a local fixture for generations. but on july 29th 1985, that serenity was destroyed. >> if i had an opportunity to take back one day, i wouldn't have to think twice about what day i would take back.
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>> we are at avery's salvage. >> reporter: volunteers searching for teresa found something, and one of them reported in to the calumet county sheriff. >> we have found a rav-4. it is all covered up. >> it's all covered up? >> not all covered, but it's got a lot of stuff on it, branches. desperate to stop his 36 million dollar civil lawsuit. avery said as much in his interviews with reporters. >> reporter: who would wanna set
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. >> in january 2006 lease troo avery and special prosecutor ken crafted began his case. he chronicles it all in his brock, "avery." >> what do you feel people know the least about this is case? >> the book is about the case against stefb are rsh re, that is segment for bort representation of what the role evidence was. >> better, he says, tlats than the way the evidence was prepted in making i murderer. for the first time krafrts lays out his kploet theory of the case with new details he has never shaurd before. for one thung, teltz "dateline"
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he believes steven hifry had set his sights steven har bay bah. >> as we move dloers october 3 kwrks see steven's kmai changing. >> as he got auto trade erds records, he learned theresa had actually made five earlier visits to the avery asal skraj yarkd to take foez photos. >> he starts making calls directlile to theresa howlbach rather than going through atrade wresh. >> he determine on that on the kay before one of those visits even etch of tlez shackles and hald every handcuffs. >> he answers the consider that day wearing a small whoit symptom sf&theresa he wants kreepd ow by that bhaifrp. she tells friends and co-workers hinld that. zploob krafrlts believes avery's french as i sign of sexual obsess it with murder. >> why would dough this?
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wheel ef to the vernal have getting i big this big wind fall. sno. >> that's a great question. i don't know. webb that he isry psychopal. we know that he has -- >> do we know that? >> i -- let's say i allege that. okay? i believe that dope down. >> he skoefrd more in avery's past. 18 zwlaerz before teresa's murder, ravery wrote this letter to his estraepged wife in prop, saying i will kill where you. crafts said he learned something even mother disturbing. is this troo t 2006 police record shows ae teelk girl accused avery of raping her aier after his refres prison. it all came together for crafts wresh believes a i rory had developed a development a vip investment of treatment. >> he has no remonth rs for his behavior. feels incredibly sboilgtsed. >> but aes continued to
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investigate is had the case, accurate says had a problem. you constitutional didn't know how she was killed, exactly where she was killed. was that broerg you? >> yes. but sometimes have you what have you. dfs all coming together in bits and pieces. >> and he and his team kept digging until they got a beg lead. in march 2004 four months after theresa's murder tom fast bender and his partners, mark beeger rg spoke with the san francisco yefrld nephew in a serious of now highry skriet newtsed interviews wrrn. >> sbrufs juror fest question. >> a shy kid. switen provertded. once the details he revealed would stun investigators once he opened up. >> what did he do to her where? >> did he tell you that? >> fast beshd says dasy described a brielgts skien on that that halloween afternoon.
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dasy said they each sexually assaulted theresa in avery's bedroom, and avery shot her in his garage burning her body in the bonfire. >> pitts game claimer. we weren't really wear of did, like theresa was shot in the drawal. where. >> after speaking with dasy, fast blender had his team return on the avery prisoner once more, and they found this in this garage. a let bell lut frend frelg present msh. >> i guess is kwoo say ffrs missed. at this time muts my .22 kill bir possible. lo look like "he's of deet, personal. >> auto three yaes ae dna was ol the one smaened was behind his baed. >> due bloef flew that vees sprasa was spot sho the graunl. they never found a drop where were. >> ow kwie clean up the business of my bud.
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bleach, paint palestinianer blsh he teends up blood. >> frebtsa's friend kim says when shaerd, she was heart broken. >> i rrm crying and just representing sheila -- that's who she was. and naught because she was a very strong person. >> ken crafts charged bren done dasy in assist a co-responsible ors o in their you are. >> aim sbrend spg t toech each of hoeds they'd dean down. >> not so fast. avery was never charged with assaulting his ex-fiance or raping the teen. teen he denies all the allegations.
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no evidence ever cliniced to to theresa. in the twinge of 78z juries in separate dieltz convicted with dasy and avery of murderry traes yoo. they were each sentenced to leaf in prison. >> you probably the most gieng russ quilt to ever set court in this fram. >> it soemz like it had ended, but eight years later making a mudder would put fast bender, krats, and the entire deem in the hot soot. >> coming up -- >> they spent evidence. sure, they did. >> rfs steven avery framed zbloosh was it possible the blood could have been plant snd. >> when dated looechb continues where are # cannot live without it.
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ed. >> in december 2015 netflix released making a murderer, and it ignited a bonfire of squaesq the avery -- now many viewers believe the claims ehry had been making all along, that he was framed by law enforcement. >> who want to set you up in something like this. >> the only thepg -- so they don't have to plant nothing out. zploob did he this plant evidence? sure, they dw. >> avery prs pricked something bad happen to him after he was earlier exonerated. remember he had reasonly filed a
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lawsuit against his sheriff lov's department. >> i told him that wasn't done with him. >> did did you thern they weren't doppler with mihm snoo. >> >> something just told me where he thsh wresht going to city cia him $36 million if they were dpg to be watching him, and look what happens. >> avery settled up settingsing that lawsuit before his trial. the county did not ak floj any wrong doing. he used the money to tire his dwejs attorneys gene and jerry. >> swe toek to beauty in 20167. we had a cuff kwebs nova scotia case because nobody wants to try and use as a err defense that the police literally tried to plant evidence or stram somebody where, it goes against sort. they're the police. >> it's where he with thought the end e evidence wount.
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the. >> frz is the from the st. he was suing was part of the search made for a huge yikt have interest, and for possible miss chief at the cream scene. >> what i can say is from the evidence i have looked at, it i think he was innocent. is innocent. >> preparing for trial b is itting clernd about a vial of ehry's broad reft over from his overturned rape kweksz which00 sitting in the county sivz. >> there was a broks that had been slit open with evidence tape where. >> that's really the big aha moment. >> for many viewers it was the awe mau moment ef i making the murer. >> the attorneys thee recognized that someone could have poked a hole no that skriel and spread avery ae wlood the inside theresa a's v. her they're where i is the key was planted in the residence. >> dlaets that's where he with thought the evidence pointed, reply plus.
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>> by someone zbloosh it wasn't foubtd in ooks senior ooechb earlier it entries to the trailer. we're talk about a trailer. it didn't at up. >> co-lead investigator tom fastburtdy worked along sood it sheev's deputies, and was consequence draded by a tip department twilt of justice. this is the first time he has responded puchlt. snoo go have a ven educate debta against stooichbry sni zbloi didn't know his family. never bev then where zbloosh he wristed the idea. snoo people that were there that i worked with are hard-working. they only wantedco the right thing and to do this investigation the right way. >> is it possible that that blood could krb planted? >> nosh. everything -- all the evidence says no.
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at trial test tested showed no prebs of edta found her blood. >> didn't match no edta in the blood in the vehicle. autofast bepder's arg umt? since that blood didn't kwan the kail chemical, it could have come from the vial, and he announced that a nurse was prepared to testify she had made that hole in the vial as part of her usual routine are when she drew blood from avery. >> the fact that there was a little hole in the top of the vial is income skbloosh and regarding treersa's car key. not found until the 1e67b9 search of avery's drarl where. >> why was that key missed during those other searches? >> well, prime aely because the key was doejt doektd in small books case that was not searched yet. if it was, it was just dooktd looked at. >> not do the thougho search earlier? >> i guess part of it service we didn't watch a a avery.
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with had 1 more residents and four mob rngtss to search. zo still, it wasn't just when the key was found that has aufry supporters skemtd cal. it's two every who found it. these fwo men wlsh lutd nant james lij and sashlgent coburn. it turned out they had just bb deposed in ehry's lawsuit. >> they were deposed that we later found out. >> do you think that minimum ja that maybe they shouldn't have been there at all to avoid this speculation. >> it's ingood to arm chair quarterback and second guess. i think we would have done that with if we had the resources, but you are talking about a small rural county prosecute. not. >> ivan avery said this is at a
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perfect chance for them to have access to my plant. solve that. >> never saw this. >> fast best bender says he blooefds the conspiracy to frame avery would have been virtually kbbl to corey ought. >> i could go on and on about the plan he defends and how absurd it is with the multiple aegsz we had in there. >> i'm your friend right now. >> it was that video of bren candace, which would really pit fast bender at the center of the storm, and it's an sbarlgs to controversial is it might get avery ae nephew out of prison. >> how much of the confession was true? coming up -- >> those officers wanted that information in the worst way. they got government it in the worst way. >> when "date loin" continues.
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to fbi and vice president pence about the presidential tans ig. he has never mepgsed before on that flynn got fired because of lying to the fbi. zbliefrmgt a long congress on defense. national security add vieds orl hfrmt m. mcmast are. >> now back do datedline. >> back back to "dateline. "investigators denied they framed steven avery no the murder of treatsa. after all, his never use brendan confessioned. but did he attorney general the defect is the traut or what he thought they wanted hear? here with more of our story is andrea dam kel bsh. >> all the renewed tangs in the steven avery saga has shetd light on the other defendant in the case, bran dan dasy. the steejer had been kwiktsd of
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rape and murder, but to his family never of it made any sense. brendan, someone capable of rape? ? , no, sir. i don't eep know he think he knew what tafs at the time. >> steven and laura took up dras yu's case for his appeal. they saw a mentally chal ened teen with a low iq. >> how do you sprel spell. >> d had-a-a perform a governor gl-'where. >> what did you think something. >> simple braen is way sim sole. ifs struck business hets on am hoont blsh this is something i could ezash that's the second logical power of litigation where. >> the two attorneys are placed at the school of law outside economy. they've worked to free a number of wrong ofly convicted convicts say what they learned about the days astounded them. >> no one was in bren candacy's corner. necessity need hemd help the
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most. >> give me one more to dwee subscribe. >> unbelievable. >> unconscience. >> len came on board to defend dasy just after that interrogation got ehry's nephew arrested. they discovered that the attorney had made legal mistads that caused him toe rooufd from the case. he has face the online vit dreal from daszy certificate. >> is it read in the kmefrt? >> adisgust approximating how many being, a man with a siberned soul. >> i've seen it. >> in one ebb unstance, he worked to cut a plea deal while dasy was in jail, had arpged for hits client to spooel speak with investigators. he didn't show up. jeerjs a 1-year-old kid with a low iq. it's kaf like feeding someone to the wolves in your way.
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watt apologize? >> it would apologize to him for not being that sbechlt. >> so there were mistakes? >> oh, slur. >> there are peemt who zis agree with that in. >> oh, sure. ♪ >> but as dasy's attorney dweflz further into the stunning statements it is teen made, the they came to believe something more disturbing. that investigators tunnel fastbeshd and mark weeger are the had cowersed emteam to making a small confession.
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>> they are precisely in the areas that -- >> the attorneys say that the investigators manipulated dasy with coaxing zaumt ining statem these from fast bender. >> i'm your friend right now. >> it's all right. >> you are doing the right thing. >> they should never have made those kind of suggestions that neptd they wanted to kwurm him. those kind of tactics when you saw a kid like again brendan are a recipe for false confessions. >> they say the investigators man it las vegas of the team echks lated far beyond simple koegsing. >> the officer needed brendan to provide information only if the real killer would know. they knew what they wanted to him stos. >> they auto kuds the slefrtsz of plapting details about the crime des moines dasse yes's mind in order to get the answers crept. >> rememberstein of ary eights d
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fl a found on the car hood latch. zbleefrts v investigators passioned dasy deeding questions do confirm his lure had locked under the hood of the car. >> what dpo you wonder? >> his attorneys say in that seam interview, they used another crucial sbooelt detail they better thanned will the police. >> no one else had something like that where. >> they had received a report from the wisconsin crime lab indicating for the first time how theresa had died. she had been shot in the head. they were extremely hard that to get brendan toos that. >> we have the evidence, brendan. we just need you to be honest. >> can i cut off your hair? what else was done to her had --
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they punched her blsh. >> what else? if. >> it's okay. >> what else happens to her and her hair? >> extremery, extremely hard to tell us this for for us to believe you. >> what else? had. >> that's all. >> all right. who shot her in the head? >> he did. >> why didn't you tell us that? >> because i couldn't think of it. >>. >> investigators wanted that information in the worse way. by streegd it straight to brendan dacey. >> even though know thaes bad. >> this enthey discovered something at the end of that interview, kplfs a revel igs to them. something jurors and his trial never haeshd. dasy speaking to his mother.
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>> huh? >> not really. >> what do you mean not really? >>. >> at the first moment that brendan gets outside the dplu of sthoez interrogate orz, he says he no, this is not true. they got to my head. >> yard line but dom fastbeshd, the interrogate et everier himself, sees did all very differentry. >> coming up -- >> this was seen by in as awe false confession. >> approximate it was eye real confession. >> brendan was involved. skbro bh "dateline" continues. the reception for this product
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>> this interrogation of brandon dasy now seen by millions. tom fastbender has come under fire in court and on-line. >> this was seen by in as a fashion conconfession. do you see it as that? >> it was a real phone fegs. >> were you ever trying to extwrakt a false contegs? >> fastbender denies his expressions of sympathy for -- >> i legitimately was concerned for him. it wasn't stabled where that wasn't strategy. >> yu dow think people took the other way, the more steb every
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confused at times. >> quite possibly. >> he didn't know what was up and down. i don't know. just watching it. >> i don't know about that. my thought is he had a million things going on in his head at that time. >> fast bender resists charges that he and his partner inappropriately planted ideas in his head. >> what did before endan say? >> he agreed that he would have gone. >> >> you used the word agreed. >> you brought it up first? >> yeah. i believe so. >> that's one of the areas that you came under fire for is that you were planting things in his mind? >> yes, that's what they said. there were instangss we asked him specifically about, and that can happen in an interview. >> can we take that as a reliable answer given how it was spoon fed to him? >> i would argue no, and i would
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say based on the entirety of the interview yes. >> as for that other moment that has angered so many followers of the case. -- >> i'll come out and ask you bho shot her in the head? >> he did. >> any regrets about that bringing it up yourselves about putting thalg in his head? >> there's always things that you can improve on. there were instances because of brendan's pirnlt that we had to talk to him about and ask more specifically certain questions, and approximate that happens. >> whether do you say though those people who have made you part of a big discussion about false confessions and who were yelling at their tv sz because they didn't like the job that you did? >> just that it's easy to arm chair quarterback. it's easy to second guess. and that i, you know -- that's partly why i'm here is explaining that there was nothing neff airus done. >> even fastbender wonder if
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everything he said in the confession was true. >> we didn't try to manipulate brendan. we tried to kwet at the truth. i don't believe that it was a false confession. parts of it that he may have not done. i don't know. i just don't know. >> in august of 2016 a federal judge weighed in with a bombshell in response to a brief sfold filed by dacey's attorneys. the judge ruled that his confession was involuntary wrash with that the judge overturned his conviction and reasonable doubt onned dasy to be released from prison. >> what was that like hearing? >> i knew that he with did everything that on magistrate
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rules that didn't -- which is all right. that's the system. >> are you okay if he walks free? >> i'm not okay if the family is not okay. i believe brendan was involved in this. it was there. he was 1r068d in it. >> the wits wisconsin attorney general also beliefs brendan was involved in theresa's murder. he appealed the judge's order for release asking a full panel of 12 federal judges to review the case. in september of 2017 that request was granted. the full fanl of the seventh sierk yut u.s. court of appeals urged arguments about whether dasy's -- with the ruling now pending, the young man remains behind bars. >> coming up -- >> he told me to watch dateline. >> daetline led to -- >> i said that's the woman that's going to get steven ow prison. >> inside the new fight to free steven avery. when "dateline" continues.
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as brendan dasy awaits his fate, steven of ary and his supporters hope for good news in his case. >> he is very gentle and sle loving. >> sandy is her long-time friend and one-time fiance. convinced of his innocence, she said she searched for years to search for the right attorney to takes on hi case.
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>> he had heard there was going to be a ryan ferguson case on dateline,and so he told me to watch it. just to see the lawyer. >> that told the story of ryan ferguson, a young man sitting in prison for a crime he didn't commit. >> nothing is as riveting as this. when the trial has been lost, everything has been lost. you've got something -- it's like the ultimate challenge, i think. >> i said that's the woman thaes going to get steven out of prison. >> sandy contacted her skpsh she joined the case not long after making a murderer came out. we caught up with lner at the correctional snuts when pay paid a visit to avery. >> do you think you have new evidence that would free steven
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avery? >> we do. >> zell ner invited dateline inside every into this war room all dedicated to the avery case. >> do we know if that was tested? >> snoo she even showed up this before she bought it to get a better understanding of theresa's vehicle. then in august of 2016 to much media fab fare she found a motion in manutuac county court. >>er going to find out one way the other. >> kalt rin is known as an aggressive defense toerng. >> maureen in is the chief legal correspondent for cnbc. >> she's looking for new evidence to entire the entire case is brought underway. >> in her 45 page legal motion she attacks lauchltd, tries for poke holes in little kplgs's case, and raises new questions. >>. >> she notes that theresa's cell
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phone penninged off a krelt phone tower 13 miles later that day, suggesting maybe she has lefrtd there alive. tler other indications, that other empooh, entered the property during the sbergs, raising the prospect of other po essential tpz. >> she's won an early round. in november of 2016 a judge granted her access to some of the evidence so her sferts could perform new forensic tests. including more vabsed citi says on avery eights blood. >> the biggest blockbuster finding woulden evidence to show there the bad from the car wasn't from a fresh wubd from mr. avery, but, rather, from that older blood sample. >> in june 2017 he found a motion requesting a new trial for avery. in a statement she told dateline owner "we will be able to demonstrate exactly how the evidence was planted in the early part of the swrefgs.
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avery, sle insists, was framed for a crime he did not commit where commit. in october a with is wall street sierk grut court denied that request dmsh hadar ruling the judge stated based on the evidence presented avery had faltd to establish grounds for i afew trial. the battle continues just days after the judge's ruling. zellner filed a ruling to have it vacated. as for ken and his new book, zell ner disms. his claims of the treatment of women and interak with treatsa. he said there was no proof mr. aifrry was becoming obsessed with ms. pollbacl and rehashing a story about inadd swris ribl evidence seems poirntless where. >> mr. accurates has no qualm functions which would allow him to diagnose mr. of a re as a psychopath. he have crafts, who prosecuted both steven ehry and brendan dasy says he is undaunted.
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>> are you aprayer of cathleen? >> no. i believe not involved in the case anymore. i shouldn't be afraid of anything. my involvement -- >> she could unravel your work if what she is saying has some weight to it. with you don't think she has a chants. >> he don't. >> she's so confident. where are you so confident? >> we've spent 18 months putting this case together. it was done very policily, very well. >> accurates does have personal regrets. in his book he add mitsd to past prescription drug abuse, and he says he is ashamed that he sent suggest e sexually domestic technicals two year after trial. a scandal which let to his rel ig nation. he says is he moving on with his life and a new girlfriend. >> i'm hoping this book will change the snartive.
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>> >> bleenl ehry continues to fight if and brendan das kbri could be leleased soon. more than a decade behind bars, it's too many for a new trial. with but with all the talk of guilt or innocence, trials or retiles, peterson says that the person being frochbl had is friend, theresa. >>. >> she in is the reason why we're even talking about this, and she just zeshs to be remembered. zblie love hugs. >> for her memories kim says she goes back to that greeny video diary that theresa made. it was played at avery's picture pictures where are. >> i love loelding cameras in my hand. >> it gives me the chills every time i hear it because she talked about everything she loefd. >> is there anything you would say to theresa right now if she could hear you? >> just that you're still in my heart i'll never forget you.
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>> that's all for this edition of i'm craig melvin. >> and i'm natalie morales. >> and this is "dateline. " when buttons are pushed, people get angry. in my brain they're at the top of the stairs and they're struggling. i eventually heard a lot of details i didn't really want to hear. i had nightmares for months. >> a young mother dead at the bottom of the stairs. >> this isn't what it's made out to be.
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