ncredible. he became a folk hero because of a horrible injustice. of the miscarriage of

>> now he's in prison again for the haunting murder of a young photographer. tonight, inside the debate "dateline's" followed for a decade. is the evidence what it seems?s that the key was planted. >> yes. >> by the police -- >> by someone.his case suggests that anything of the evidence was planted. >> do you think you have new evidence that could free steven air? >> we do.vealing interviews. here from both sides. >> now that he's aware that there's new testing, he's thrilled. a savvy, experienced criminal. steven avery's guilty. >> i'm lester holt, and this is "dateline."ndrea canning. reporter: it's this year's first "making a murderer," the new

>> i don't think anybody really thought that it would have this kind of impact. >> reporter: the 10-part series, dense with details, has inspired, white house petitions, and its share of controversy. >> steven avery's guilty and where he is. >> there is a murderer out there.d he's not that murderer. >> reporter: it all follows the case of steven avery and his long journey through the criminal justice system.n more than 30 years ago in manitowoc, wisconsin.erer" has thrust the steven avery case back into the news, putting this small wisconsin town into the center of a media firestorm. but "dateline" was here 10 yearsis story. now we're back, looking at all the stunning twists to the case along with facts, evidence and ded in the documentary. we've been on the ground, knocking on doors, poring through court records and talking to key players in the case.ange sometimes.

strange. >> reporter: the story begins who was the victim of a crime that set the whole avery story in motion.ember thinking this is gonna be my last breath. >> reporter: her name is penny h she was not interviewed for the netflix with us in 2005 for this rare tv interview. for penny, life in manitowoc was sweet, literally. dy store that has been a local ons. but on july 29th 1985, that serenity was destroyed.had an opportunity to take back one day, i wouldn't have to think twice about what day i would take back. >> reporter: penny hh with her husband and one of her two children.

that's when she noticed a man acting suspiciously. >> he ran out from behind the bush and was headed towards me, ely knew what he wanted. >> reporter: she says she panicked and headed for the caught up with her. >> i said, "i've got two young me go." anything i thought he needed to hear and maybe if he heard it he >> reporter: she says he began beating her and demanding sex. >> and then, eventually, he strangled me until i believe i lost consciousness. >> reporter: she woke up, and with help from beach-goers, madeo her husband and to the hospital. there a manitowoc county sheriff's deputy asked her to ttacker. >> i remember saying he had a beard and moustache.enny provided a description and this sketch was later released. she says the sheriff then asked nine photos to see if she could id her assailant.

photo and i selected steven avery's photo.ter: steven avery, then 23, had a passion for cars, and worked at his family's large auto salvage yard.ily with a wife and five young children. >> he had brand-new baby boys, his twin boys.r: kim ducat is steven's cousin. kim remembers when authorities came to arrest him, just hours after penny picked out that photo.k, when you heard that? that -- that is an extremely serious accum the start, i thought, "oh, my god. they have the wrong guy. there's no way. stevie don't do them things." >> reporter: but penny told us certain. >> i think my confidence that i had selected the right person was told that the person they arrested was thed in mind. >> reporter: penny also viewed a live lineup several days later and again picked out avery. >> steven avery had all the or him.

is an author and assistant district attorney in manitowoc county.n avery that the police knew back in the day? >> steven avery was known for quite a while to the police and ty. >> reporter: and was racking up a criminal record. >> what did he do? >> he poured gasoline on a cat the fire. pretty, you know, telling things about -- what was going on in his mind, violent stuff.mmed his pickup truck -- into the vehicle of a driving by. and he held her at gunpoint. >> reporter: avery had been convicted of burglary as well.ry was charged with attempted murder, false imprisonment and sexual assault. >> i was just absolutely t happened. did somethin' like that. >> reporter: avery pleaded not was nowhere

he went on trial in december of 1985. 16 alibi witnesses who confirm that he reen bay 75 minutes after the assault occurred. >> right. so it was a very good alibi as these things go. >> reporter: but penny nwavering identification of avery made a powerful case for the state. then it was the jury's turn. >> it seemed like it took ict to be read and, when it was read, having this huge sense of reliefd been convicted for assaulting me, and was off the streets. >> reporter: a judge sentenced n. >> and, steve was turned down on every appeal. i was glad. a sense that maybe i can start e. >> reporter: but that was not to be.

for her and for avery. when we come back --im, "what's this about another suspect?" >> reporter: doubts creep into the case.t to point to someone else? >> the dna came back to not steven avery, but to a known sex offender. >> i remember thinking, "oh, my god, maybe the wrong person's in whether you're out on the town... or in for the night... at&t helps keep everyone connected. right now at at&t,samsung galaxy s6 and get one free. buy one get one free. no matter how you hang out,nute of it. right now at at&t, buy the samsung galaxy s6 and get one free. indulgence... no longer comes at a price. well, actually it does... but it's just $9.99 new hot shot whisky chicken applebee's grill & bar favorites

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reporter: steven avery was

beach in 1985.ed to prison for 32 years. but avery kept appealing his conviction. that's because the city police department had another man on their radar back in 1985.name of gregory allen, who the manitowoc city police department, as opposed to the sheriff's r surveillance for a series of horrible crimes -- entries into oung women in the home late at night. >> reporter: a city detective told the sheriff's department they should look at allen, fit the description penny provided. allen's photo was never shown to penny.ave been, right off the bat, a suspect.

been included in the original photo array.ings that bothers penny to this day. >> reporter: and in her interview with dateline back in 2005, penny herself revealed -- penny told us she got a call from someone in the manitowoc city police department, not longdepartment had already put avery behind bars. >> he identified himself, and said, "we have another suspect teven avery, but who looks a great deal like steve. and we'd like to ask you some questions."enny says the manitowoc police detective never named the suspect, and the call really rattled her.ember hanging up the phone thinking, oh my god, maybe the wrong person's in custody. >> reporter: penny said she riff. >> and i said to him, "what's this about another suspect?"

police department doesn't have we will look into this. don't talk to them, it will only" >> reporter: steven avery sat in prison for the next 16 years. then in 2001 he got the wisconsin innocence project to e attorneys there were able to get two hairs -- found on penny after her attack -- tested for dna. in september 2003, the results were in.appened after the other -- >> reporter: griesbach, who was working in the d.a.'s office back then, remembers that moment d a telephone call along with another prosecutor in the office, from the wisconsin state crime lab. >> reporter: he recalls the crime lab employee asking him and his colleague if they were sitting down. had some news that might be shocking. the dna came back to not steven avery, but to a fellow er still serving time in prison for a crime that he committed ten years after the assault of penny beerntsen.enny's husband and

>> and i knew that i had identified tre they told me, just by the fact that neither one had any color in their face. >> reporter: turned out the dna belonged to none other than the man the manitowoc police told the sheriff's office they should have been looking at in the first place. more difficult than the day of the assault for me. i just couldn't grasp the you know, an unwitting participant in this huge miscarriage of justice. >> you raped penny beerntsen.t. >> reporter: allen denied assaulting penny when "dateline"05, and was never charged with the crime, because the statute of limitations had passed.ly exonerated avery, and freed him from prison. after 18 years of darkness and despair he walked out into the light of the media glare --, steve.

all day long and nobody tell me what to do.d. >> what did you say to him? what did he say to you that day? >> i think i commented on his beard. 'cause it was so big and long.get rid of it. and i told him i loved him. and i was glad that he was home. >> reporter: home to a new life, as he became the poster child inwrongful convictions, testifying at the state capitol. >> my family stopped calling forhard. so then i told the old lady to leave. >> reporter: pennyngs right with steven avery, and got her chance when the two met face to face in madison. >> i began by apologizing and dequate as i knew my words were. i said, "is it alright if i give you a hug?" and he didn't wait for an answer.d me and then i said so

so sorry." and he said back, "it's okay, penny, it's over."very didn't blame penny, but he did blame the manitowoc district attorney and for $36 million for his wrongful conviction. that made kim nervous. >> i did tell him to be careful, you know? manitowoc wasn't done with him.ou think they weren't done with him?something just told me they weren't gonna hand that steve avery $36 millney, but they were just going to be watching him. >> reporter: and soon deputies would be watching, because when a woman went missing in manitowoc, the last person to see her alive appeared to be steven avery. a young photographer vanishes on assignment. used in or around he vicinity of steven avery's salvage yard.

what will investigators find this time? >> this is a big moment.

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reporter: it was fall, 2005. steven avery was starting a new freedom, and suing

er. she'd been out taking pictures in manitowoc for "auto trader" magazine. rd from her, teresa's family launched a search. >> we just want her to come home.er parents were desperate for an answer. >> please we beg you. we know she's out there. we just want to find her. >> reporter: ken kratz was the district attorney of cal 2005. he worked with investigators tracking teresa's cell phone activity. a immediate hit on her cell phone? >> we -- we got information that suggested her phone was last e vicinity of steven avery's salvage yard. >> reporter: it was a stunning turn of events.very was back in the crosshairs of law enforcement. he quickly confirmed teresa had been at the yard on october

of this van that his sister was selling. teresa even left a voicemail before she stopped by. this is teresa with "auto trader" magazine. i'm the photographer and just giving you a call to let you know that i could come out there today. umm, in the afternoon, it would :00. >> reporter: two things kratz noticed -- even though teresa had been there before to shoot eem to know where she was going. >> i don't have your address or anything, so i can't stop by without getting a call back from you.nd avery had placed two calls to her that day but blocked his caller i.d. he told investigators teresa didt around 2:30 after she took the photos. but investigators couldn't find anyone who had seen her since that visit to avery's.enforcement followed lots of leads, but turned up nothing. then, a big break. police got a call. salvage. >> reporter: volunteers

something, and one of them calumet county sheriff. >> we have found a rav-4. it is all covered up. >> it's all covered up?ed, but it's got a lot of stuff on it, branches. >> reporter: it was teresa's car, right there in the avery salvage yard.ig moment to find the car. >> it is the moment. it is the moment that turns thisperson's investigation into a criminal investigation. transported teresa's car to their lab, where it was scoured ence. >> male blood is -- is found in the vehicle. female blood is found in the vehicle. f days to get a dna profile. county authorities took the lead in the case because of the pending lawsuit avery had filed against manitowoc county. detectives questioned avery again. >> do >> who? >> teresa.

>> and did have you anything to isappearing? >> no, no. >> and the only time that she's ever been to your house is just to knock on the door. >> reporter: kratz says, in another interview, avery added this detail. >> he also says importantly, that never touches the suv at all. >> reporter: but the evidence seemed to tell a different story.in in particular, found on the dashboard of teresa's car. the crime lab determined it was avery's blood. interestingly, avery showed n his finger. and detectives zeroed in on something else: the car's hood latch, where they found avery's dna.od for avery. but, just as he had before, he insisted they had the wrong guy. >> all i have to say, i didn't do it.ter: he spoke out to nbc's green bay affiliate wgba in a series of rarely seen interviews. >> did you have anything to do e?

i would never do nothing like that. >> reporter: but investigators didn't believe him and continued to search. mike griesbach remembers when he heard about the next, gruesome discovery near avery's trailer. scenes you don't forget in -- in your mind. a police dog hit on this burn bones and remains were found. >> reporter: officers also found bones in a second location on the avery property. they were later confirmed to be teresa's.nt, we knew that this was indeed very likely where teresa halbach met her last day.hen, after multiple searches in avery's trailer, one more big clue. a manitowoc detective said he shook a small cabinet, and this r. it was the key to teresa's car,

teresa went missing, d.a. kratz held a news conference. file a criminal complaint in manitowoc county charging steven avery with first degree intentional homicide. >> reporter: steven avery's two om suddenly screeched to a halt. the poster child for wrongful convictions was behind bars once again.epared to make their case, kratz's team was stuck.n't know exactly how and where teresa died. then, early march, 2006, four months after teresa's death, press conference. he said steven avery's nephew had confessed that he and avery together. kratz went into graphic detail, which we won't repeat here. >> there is a substantial amountidence that now makes sense.

that now fits a lot of pieces together. reporter: the prosecutor charged the nephew, 16-year-old brendan dassey, as a co-conspirator in teresa's murder. , kratz began constructing a narrative. and investigators returned to the avery property once more and found this in his garage, a h teresa's dna on it. >> it matched the rifle that wasbed. >> reporter: with that, kratz had a final piece of the puzzle. steven avery's trial began in february, 2007.evidence points to one person. >> reporter: d.a. kratz didn't call brendan dassey to the ied on the physical evidence to say what he believed happened -- steven avery lured teresa out tosing his calls to her. kratz said that when she got there, avery shot her in his garage. the back

body. >> the physical evidence, the dna evidence, the eyewitness fic evidence, common sense all point to one person. >> reporter: but avery's defense pointed in a completely different direction. >> what would a case look like if somebody was being framed?.like this case.ng up, the key. >> you're r theory is that the key was planted? >> yes. >> the bones.lear evidence that the bones had been moved. >> the blood. >> reporter: buting it started to look really, really suspicious. >> was any of this evidence what it seemed?

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you may be seated. >> reporter: steven avery was standing trial for the murder of teresa halbach in 2007. for his defense, he hired two ofttorneys in

buting. >> the vast majority of their cumstantial. >> in court, the attorneys set out to prove a simple defense -- steven avery was framed for the by the manitowoc county sheriff's department -- desperate to stop his 36 million dollar civil lawsuit.much in his interviews with reporters. >> reporter: who would wanna set you up in >> the only thing i can think of is manitowoc county with the money. so, they didn't have to pay nothin' out.ting trial avery settled his 36 million dollar lawsuit for 400 thousand dollars. the county did not acknowledge any wrongdoing. money for his defense. during the trial, defense attorney buting told the jury that the state's evidence was ly have been planted, beginning with that car key. >> your theory is that the key

>> buting pointed out that the detective who found that key een there at all because of the lawsuit. and he only found the key after the trailer had been searched multiple times.found in, you know, six or seven earlier entries to this trailer. and we're talking about a trailer it didn't add up. >> reporter: do you think there's any chance that that keystuck behind that -- >> no. >> reporter: little side table? >> no. it's just a two-shelf end table, and you can see all the way to the back. there's no place it could be hidden. >> what's more at trial, ld the jury that avery's dna was found on the key, but -- they didn't find her dna, even though this is supposedly a key that she would use every day. >> and remember that bullet fragment with teresa's dna foundhe defense called it the 'magic bullet,' arguing that it, too, was found

>> one, it had never been ek's worth of searches of the garage back in november. two, it was the only piece of resa halbach's dna on it. >> in fact, avery's lawyers thought the physical evidence g him to the murder was all suspect, including teresa's bones found outside his trailer.vidence, uted evidence, that the s had been moved. >> reporter: why are you so sure that the bones were moved? >> because there were her bones found in two different locations.d that the moved bones showed avery couldn't have killed teresa. >> because nobody would take a body, burn it somewhere, and then come and dump the bones right outside your own garage.t all. >> and that evidence from the hood latch? >> reporter: how do you explain steven avery's dna being found on the hood latch of the car? >> that really was sort of a red

large quantity. it was consistent with what you might find from a transferred type of dna.n evidence tech at the scene may have gotten avery's dna on a glove and then transferred it to the latch by accident.ar is that there were no fingerprints of mr. avery anywhere on the hood latch or on the hood area where the latch is or anywhere on the rav4, inside or out. >> but the stain of avery's blood found in teresa's car was what really became a focus for the attorneys. that's because b sample of avery's blood had been taken during his wrongful conviction years before and it still sat in the rk's office. >> when we went to the clerk's office and saw that there was oam box that is --

tape, we got a court order to-- to then bring in the prosecutor and have them open it in front of everybody. >> it was captured on video and made part of the court record. >> reporter: what did you think when you saw that tape had been cut? >> i thought it was suspicious.d something he thought seemed very strange about the blood vial. hole in the top it started to look really, really suspicious.the attorneys thought they had a compelling argument -- their theory someone had taken blood from that storednted it in teresa's car to frame steven avery for murder. blood has a hole. >> but the prosecution said not so fast.d out the blood in the vial has a preservative in it. when the fbi tested the blood from the car, it didn't find that preservative present.rgued there

planted. >> this vial planting defense even from a common sense standpoint is absolutely ludicrous. at trial the defense gave the tom line -- the bits of evidence kratz presented didn't support the brutal murder scene he had described and could have easily been planted. >> reporter: do you believe thatmmitted this crime? >> from the evidence i've looked at i think he is innocent. guilty beyond a reasonable doubt under the evidence that was presented. >> we the jury find the defendant steven avery guilty.dn't believe it. after six weeks of trial, they found steven avery guilty of murdering teresa halbach. avery was now heading back to prison this time, for life --arting rebuke from the judge -- >> you are probably the most dangerous individual ever to set- >> reporter: did you feel like way? >> you always do. it-- when you lose, you're guessing yourself. >> a month later, avery's nephew brendan dassey was also

role, and sentenced to life in prison.even avery seemed to have ended -- but two filmmakers would come to ignite the case in a whole new way.g up -- had that blood been tampered >> you could definitely see there was blood around in >> or could there be a a hole in the whole theory? >> reporter: there's a hole at the top.le be there? >> when daylight "dateline" continues. "dateline" continues. ed lyrica. for some patients, lyrica significantly relieves fibromyalgia pain . with less pain, i feel better. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right awayese, new or worsening depression or unusual changes in mood or

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defendant steven a. avery guilty. >> reporter: nine years ago, tenced to life in prison. but in all that time two filmmakers, laura ricciardi and moira demos, were shooting and editing the hundreds of hours of became "making a murderer." >> are you surprised at how it's just completely exploded? >> i am. i mean, i've gotten from literally all over the world. >> reporter: the ten-part series examines the trials of steven aking viewers behind the scenes as jerry buting and dean strang make their defense case. >> all right, so that's it, that's the evidence. now what? we argue it. >> i was hesitant at first. but i realized that it, you know, this would be an opportunity to see what it's case from the defense side. >> reporter: former prosecutor ken kratz did not participate in

courtroom, he's now playing defense in another court, public opinion.te the defense's theory that steven avery was the victim of a frame-up by the manitowoc countyrtment. >> with any one of these facts, you can come up with a what-if scenario. but at some point this apses under its own weight. >> reporter: a lot of attention right now focuses on that vial od at the center of the defense's frame-up theory. in court the defense couldn't prove it was used to plant the blood stain in teresa's car.ng a murderer" has re-ignited the debate. >> the seal was clearly broken. >> that's really the big "aha" moment.s. >> and get this right in the center of the top of the tube is a little tiny hole. just about the size of a perdermic needle. >> reporter: kratz says that

explained. >> every one of these exactly the same. they're all gonna have that.or, oh my goodness, look it was tampered with. >> ken kratz said that there should be a hole in the stopper going into the vial. that's how the blood gets into the vial. depends, some of them don't do it that way. and when they do, they're o that there wouldn't be this kind of hole, visible in this particular stopper. >> reporter: and buting says on closer examination, he noticed something else about that blood vial.idn't make the documentary. but you could definitely see that, oh, right up to the edge, nd in between the stopper and the

there's blood around -- >> that the stopper, the rubber stopper had to have been removed from the tube after the blood was put in there, in some way or another for there to be blood ween it. >> reporter: we spoke with dennis ernst, who is one of the nation's leading experts in on. he had no role in the avery trial. >> around here the defense attorney pointed out that some blood had gathered between the glass and the stopper. is that something you should see or is it something maybe sinister? >> n that stopper is not a complete tight fit down at the lower ends of it so it's typical and commonng around the stopper around the inside of the tube. top. should that hole be there? >> well, it, it had better be there. a telltale puncture mark in the tubes that are properly filled so the eans absolutely nothing. >> reporter: we also went to the

and saw something interesting.s show a prison nurse was prepared to testify that she made the hole when drawing the blood from avery in 1996. but buting says something more suspicious than the hole was -- >> the fact that the evidence l the stopper and the tube itself was missing. and that there was no explanation for.ast week we spoke with the current manitowoc county sheriff robert hermann. >> what would you say to -- to people who just feel that your was corrupt, that steven avery was framed? >> well, i first of all - i know it's not true.ce in the deputies that were out there. to say that, you would have to have a lot more people onboard nce was planted, or steven avery was >> is there a possible scenario where steven avery is truly guilty, as he was found to be, but that someone played a little loose with the evidence? e, like a defense lawyer. anything is possible, an

through -- the back door over there.ly possible -- it's highly unlikely. nothing about this case, suggests that any of this evidence was planted. a murderer" may have renewed that debate, but there's a brand new chapter opening up in this case, and that blood vial could hold the key.ame cleared >> announcer: a new attorney for steven avery. >> you think you have new can free steven avery? >> we do. >> new hope for his nephew. >> everyone who saw that film is left with one indelible impression: this kid got screwed. >> announcer: and, new candor from the prosecutor.as a jerk! timelessness. because i want every woman to feel like a star. every kiss begins with kay.

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reporter: "making a e publicity surrounding it have made steven avery one of the most america. in recent letters to wisconsin media, avery has insisted, "the real killer is still out there." today brought demonstrations on se in manitowoc.ut all the attention that this is getting right now? >> he's very excited. he's been saying it for 11 years now that he's innocent.t people are finally listening. >> reporter: "making a murderer" is making another prisoner famous, too. dassey? brendan told investigators that he had helped his uncle steven kill teresa.

brendan's story is now outho have seen the confession tapes. >> tell us, and what else did you do? come on. something with the head. attorneys, steven drizin and laura nirider, say brendan was just 16 years , has a low iq, and was coaxed into making a false confession after investigators he crime. >> we have the evidence brendan. we just need you to -- to be . >> that he cut off her hair. >> what else was done to her head?er. >> what else? what did he make you do, brendan? it's okay.ke you do?

her head? it's extremely, extremely s this, for us to believe you. come on, brendan, what else? >> that's all i can remember. >> all right, i'm just gonna come out and ask you. who shot her in the head? >> he did.why didn't you tell us that? >> 'cause i couldn't think of it. >> reporter: at the end of the d talking to his mom. >> they got to my head. >> huh? what do you mean by that?r" has been such a revelation for brendan's case because for the first time in ten years, he's finally getting his story listened to. >> reporter: and his attorneys say that story brendan told match the evidence. for example, he described a bloody stabbing scene in avery's trailer, yet investigators never ood there. >> the film restored his presumption of innocence.at film is

screwed, and he deserves a new trial." >> reporter: his attorneys have t to review his case. >> do you think brendan dassey might actually get a new trial? >> i don't think so.en kratz prosecuted both cases and still believes brendan is guilty, that his confession fit the evidence. but he does have one regret, onference press he gave. >> there is a substantial amount of physical evidence.t all over again, i would not have given that press conference. i would have simply released the complaint.etracked friday his other regrets are personal. "making a murderer" highlights a scandal he faced after the avery verdict. kratz resigned in 2010 as d.a. after he admitted to sexually harassing a victim in a domestic violence case he was trying. i covered the stke my own quick appearance in "making a murderer." >> reported the harassment to the police who -- >> reporter: kratz says he's a

>> i look back to the bravado eally that i experienced and expressed. and it is surprising to me, you know. >> reporter: kratz, now a defense attorney, still stands by his prosecutions of both >> steven avery's guilty and deserves to be right where he is.ter: this woman disagrees. avery's new attorney, kathleen zellner, is nationally known for winning wrongful conviction cases. i caught up with her this afternoon as she was about to n. it's her first interview since taking on the case. >> million dollar question. steven avery? >> we do, yeah. >> is there anything you can tell us about that? >> well, i can tell you, e 2007, advances in forensic testing. so, that's one of the things we're doing. >> are you going to retest the >> we will do everything necessary that's forensically available.y bought a rav 4. the same --

>> model as teresa's, why? >> well, because i want to understand the hood latch, , where the blood was supposedly found in the car. i want to examine what was not tested in the car that should have been tested. any alternate suspects? >> yes we do. we do. other people we're looking at. that's always done in a case like this.en doing? >> steven is doing much better. steven, now that he's aware that there's new testing that can be done, he's thrilled.very possible test done that could be done, that would prove their guilt or innocence. that's when you know they're innocent. >> reporter: michael griesbach has written a book about the "the innocent killer." he says that with all the attention this story has received, one voice has been missing.k she's been forgotten in all of this?

a person lost her life, and somehow, we have to try to keep sight of that.searches through the evidence in this case, we came across one more piece of tape. a grainy video diary teresa made --ayed it at avery's sentencing to remind people of a life lost. >> i just want to know that whenever i do die, i just want people i love to know that ever i die, that i was happy. for this edition of "dateline." we'll see you again sunday at 7:00, 6:00 central. i'm lester holt. for all of us at nbc news, good ni @ @ police on the trail of a @serial rapist on a college @campus.