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tv   Dateline NBC  NBC  January 29, 2016 10:00pm-11:00pm EST

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a horrible injustice. magnitude of the miscarriage of justice. >> now he's in prison again for the haunting murder of a young photographer. did he do it? tonight, inside the debate "dateline's" followed for a decade. is the evidence what it seems? >> your theory is that the key was planted. >> yes. >> by the police -- >> by someone. >> nothing about this case suggests that anything of the evidence was planted. >> do you think you have new evidence that could free steven air? >> we do. >> rare and revealing 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.
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"dateline." here's andrea canning. reporter: it's this year's first binge-watching phenomenon, "making a murderer," the new true crime documentary on netflix. >> 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 online sleuths, white house petitions, and its share of controversy. >> steven avery's guilty and deserves to be right where he is. >> there is a murderer out there. and he's not that murderer. >> reporter: it all follows the case of steven avery and his long journey through the criminal justice system. a journey which began more than 30 years ago in manitowoc, wisconsin. "making a murderer" 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 years ago, reporting on this story.
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the stunning twists to the case along with facts, evidence and interviews not included in the documentary. we've been on the ground, knocking on doors, poring through court records and talking to key players in the case. >> life is strange sometimes. in this case, it's really strange. >> reporter: the story begins with the woman who was the victim of a crime that set the whole avery story in motion. >> i remember thinking this is gonna be my last breath. >> reporter: her name is penny beerntsen, and though she was 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
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>> if i had an opportunity to take back one day, i wouldn't have to think twice about what day i would take back. >> reporter: penny had gone to the beach with her husband and one of her two children. a dedicated runner, penny left her family to go for a jog along the shore. that's when she noticed a man acting suspiciously. >> he ran out from behind the bush and was headed towards me, and i immediately knew what he wanted. >> reporter: she says she panicked and headed for the water, but he caught up with her. >> i said, "i've got two young children, please let me go." anything i thought he needed to hear and maybe if he heard it he would let me go. >> 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, made her way back to her husband and to the hospital. there a manitowoc county sheriff's deputy asked her to describe her attacker.
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beard and moustache. >> reporter: penny provided a description and this sketch was later released. she says the sheriff then asked her to look through nine photos to see if she could id her assailant. >> i looked carefully at each photo and i selected steven avery's photo. >> reporter: steven avery, then 23, had a passion for cars, and worked at his family's large auto salvage yard. he had a growing family with a wife and five young children. >> he had brand-new baby boys, his twin boys. >> reporter: kim ducat is steven's cousin. kim remembers when authorities came to arrest him, just hours after penny picked out that photo. >> what did you think, when you heard that? that -- that is an extremely serious accusation. >> right from 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 that back then, she felt certain. >> i think my confidence that i had selected the right person
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the person they arrested was the suspect that they had in mind. >> reporter: penny also viewed a live lineup several days later and again picked out avery. >> steven avery had all the wrong things going for him. >> reporter: michael griesbach is an author and assistant district attorney in manitowoc county. >> who was the steven avery that the police knew back in the day? >> steven avery was known for quite a while to the police and to the whole community. >> reporter: and was racking up a criminal record. >> what did he do? >> he poured gasoline on a cat and threw the cat in the fire. pretty, you know, telling things about -- what was going on in his mind, violent stuff. he also had rammed his pickup truck -- into the vehicle of a woman who was driving by. and he held her at gunpoint. >> reporter: avery had been convicted of burglary as well. in penny's case, avery was charged with attempted murder, false imprisonment and sexual
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>> i was just absolutely devastated, when that happened. it's like, there's no way stevie did somethin' like that. >> reporter: avery pleaded not guilty, insisting he was nowhere near the beach that day. he went on trial in december of 1985. >> he produces 16 alibi witnesses who confirm that he was in green bay 75 minutes after the assault occurred. >> right. so it was a very good alibi as these things go. >> reporter: but penny testified, and her unwavering identification of avery made a powerful case for the state. then it was the jury's turn. >> it seemed like it took forever for the verdict to be read and, when it was read, having this huge sense of relief that steven avery had been convicted for assaulting me, and that a dangerous man was off the
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>> reporter: a judge sentenced avery to 32 years in prison. >> and, steve was turned down on every appeal. i was glad. a sense that maybe i can start to put this behind me. >> reporter: but that was not to be. she had no idea what lay ahead for her and for avery. when we come back -- >> i said to him, "what's this about another suspect?" >> reporter: doubts creep into the case. is the evidence about 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 custody." whether you're out on the town... or in for the night... at&t helps keep everyone connected. right now at at&t, buy the samsung galaxy s6 and get one free. buy one get one free. no matter how you hang out, share every minute of it. right now at at&t,
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reporter: steven avery was convicted of brutally attacking beach in 1985. he was sentenced 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. >> a man by the name of gregory allen, who the manitowoc city police department, as opposed to the sheriff's department, had under surveillance for a series of horrible crimes -- entries into homes, assaults of young women in the home late at night.
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told the sheriff's department they should look at allen, because he also fit the description penny provided. allen's photo was never shown to penny. >> he should have been, right off the bat, a suspect. and his picture, um, should have been included in the original photo array. that's one of the things that bothers penny to this day. >> reporter: and in her interview with dateline back in 2005, penny herself revealed something startling -- penny told us she got a call from someone in the manitowoc city police department, not long after the sheriff's department had already put avery behind bars. >> he identified himself, and said, "we have another suspect in mind who is not steven avery, but who looks a great deal like steve. and we'd like to ask you some questions." >> reporter: penny says the manitowoc police detective never named the suspect, and the call really rattled her.
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phone thinking, oh my god, maybe the wrong person's in custody. >> reporter: penny said she called the sheriff. >> and i said to him, "what's this about another suspect?" and he said, "the manitowoc police department doesn't have jurisdiction. we will look into this. don't talk to them, it will only confuse you." >> reporter: steven avery sat in prison for the next 16 years. then in 2001 he got the wisconsin innocence project to take on his case. the attorneys there were able to get two hairs -- found on penny after her attack -- tested for dna. in september 2003, the results were in. >> one thing happened after the other -- >> reporter: griesbach, who was working in the d.a.'s office back then, remembers that moment well. >> i received a telephone call along with another prosecutor in state crime lab. >> reporter: he recalls the crime lab employee asking him and his colleague if they were sitting down. >> because she had some news
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the dna came back to not steven avery, but to a fellow who was a known sex offender still serving time in prison for a crime that he committed ten years after the assault of penny beerntsen. >> reporter: penny's husband and a friend broke the news to her. >> and i knew that i had identified the wrong person before 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 gregory allen. the man the manitowoc police told the sheriff's office they should have been looking at in the first place. >> that day was much more difficult than the day of the assault for me. i just couldn't grasp the magnitude of being, you know, an unwitting participant in this huge miscarriage of justice. >> you raped penny beerntsen. >> no, i didn't. >> reporter: allen denied assaulting penny when "dateline" spoke with him in 2005, and was
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because the statute of limitations had passed. but a judge completely exonerated avery, and freed him from prison. after 18 years of darkness and despair he walked out into the light of the media glare -- >> oh gosh, oh, steve. >> yeah, i could stay out here all day long and nobody tell me what to do. that feels good. >> 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. and i told him to 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 in wisconsin for wrongful convictions, testifying at the state capitol. >> my family stopped calling for a while, it was hard. so then i told the old lady to leave. >> reporter: penny wanted to make things right with steven avery, and got her chance when the two met face to face in
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>> i began by apologizing and saying how inadequate 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. he hugged me and then i said so only he could hear, "steve, i'm so sorry." and he said back, "it's okay, penny, it's over." >> reporter: avery didn't blame penny, but he did blame the manitowoc district attorney and sheriff, suing them 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. >> why did you think they weren't done with him? >> just something just told me they weren't gonna hand that steve avery $36 million or any kinda money, but they were just going to be watching him. >> reporter: and soon deputies would be watching, because when
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see her alive appeared to be steven avery. coming up, a young photographer vanishes on assignment. >> her phone was last used in or around he vicinity of steven avery's salvage yard. >> reporter: steven avery, on the radar again? what will investigators find this time? >> this is a big moment. >> it is the moment.
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reporter: it was fall, 2005.
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manitowoc county for $36 million photographer. she'd been out taking pictures in manitowoc for "auto trader" magazine. after two days and no word from her, teresa's family launched a search. >> we just want her to come home. >> reporter: her 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 calumet county back in 2005. he worked with investigators tracking teresa's cell phone activity. >> did you get a immediate hit on her cell phone? >> we -- we got information that suggested her phone was last used in or around the vicinity of steven avery's salvage yard.
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turn of events. steven avery was back in the crosshairs of law enforcement. he quickly confirmed teresa had been at the yard on october 31st. she'd come by to take pictures of this van that his sister was selling. teresa even left a voicemail before she stopped by. >> hello 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 probably be around 2:00. >> reporter: two things kratz noticed -- even though teresa had been there before to shoot photos, she didn't seem 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. >> reporter: and avery had placed two calls to her that day but blocked his caller i.d. he told investigators teresa did find her way and left around 2:30 after she took the photos. but investigators couldn't find anyone who had seen her since
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for days, law enforcement followed lots of leads, but turned up nothing. then, a big break. police got a call. >> 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. >> reporter: it was teresa's car, right there in the avery salvage yard. >> this is a big moment to find the car. >> it is the moment. it is the moment that turns this case from a missing person's investigation into a criminal investigation. >> reporter: crime technicians transported teresa's car to their lab, where it was scoured for evidence. >> male blood is -- is found in the vehicle. female blood is found in the
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it's gonna take a couple of days to get a dna profile. >> reporter: calumet county authorities took the lead in the case because of the pending lawsuit avery had filed against manitowoc county. detectives questioned avery again. >> do you know where she's at? >> who? >> teresa. >> oh, no. >> and did have you anything to do at all with her disappearing? >> no, no. >> and the only time that she's ever been to your house is just to knock on the door. >> yeah, that's it. >> reporter: kratz says, in another interview, avery added this detail. >> he also says importantly, that he never touches the car, never touches the suv at all. >> reporter: but the evidence seemed to tell a different story. this blood stain in particular, found on the dashboard of teresa's car. the crime lab determined it was avery's blood. interestingly, avery showed deputies a cut on his finger. and detectives zeroed in on something else: the car's hood latch, where they found avery's dna. none of it looked good for avery.
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insisted they had the wrong guy. >> all i have to say, i didn't do it. >> reporter: he spoke out to nbc's green bay affiliate wgba in a series of rarely seen interviews. >> did you have anything to do with teresa's disappearance? >> no, no. i would never do nothing like that. >> reporter: but investigators didn't believe him and continued to search. assistant d.a, mike griesbach remembers when he heard about the next, gruesome discovery near avery's trailer. >> it's one of those scenes you don't forget in -- in your mind. a police dog hit on this burn barrel, where human 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. >> at that point, we knew that this was indeed very likely where teresa halbach met her last day. >> reporter: then, after multiple searches in avery's trailer, one more big clue.
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shook a small cabinet, and this key fell to the floor. it was the key to teresa's car, and it had avery's dna on it. on november 15, two weeks after teresa went missing, d.a. kratz held a news conference. >> i intend to file a criminal charging steven avery with first degree intentional homicide. >> reporter: steven avery's two years of freedom suddenly screeched to a halt. the poster child for wrongful convictions was behind bars once again. but as they prepared to make their case, kratz's team was stuck. they still didn't know exactly how and where teresa died. then, early march, 2006, four months after teresa's death, ken kratz called another big press conference. he said steven avery's nephew
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killed teresa together. kratz went into graphic detail, which we won't repeat here. >> there is a substantial amount of physical evidence that now makes sense. all right? 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. with dassey's statements, kratz began constructing a narrative. and investigators returned to the avery property once more and found this in his garage, a bullet fragment, with teresa's dna on it. >> it matched the rifle that was over steven avery's bed. >> reporter: with that, kratz had a final piece of the puzzle. steven avery's trial began in february, 2007. >> all of the evidence points to one person. >> reporter: d.a. kratz didn't call brendan dassey to the
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physical evidence to say what he believed happened -- steven avery lured teresa out to his property, disguising his calls to her. kratz said that when she got there, avery shot her in his garage. he then shoved her into the back of her car and later burned her body. >> the physical evidence, the dna evidence, the eyewitness testimony, the scientific evidence, common sense all point to one person. >> reporter: but avery's defense attorneys said that evidence pointed in a completely different direction. >> what would a case look like if somebody was being framed?. it would look a lot like this case. coming up, the key. >> you'rer theory is that the key was planted? >> yes. >> the bones. >> there was clear evidence that the bones had been moved. >> the blood. >> reporter: buting it started to look really, really suspicious.
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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 of the most respected attorneys in wisconsin, dean strang and jerry buting. >> the vast majority of their evidence was all circumstantial. >> in court, the attorneys set out to prove a simple defense -- steven avery was framed for the murder of teresa halbach by the manitowoc county sheriff's department -- desperate to stop his 36 million dollar civil lawsuit. avery said as much in his interviews with reporters. >> reporter: who would wanna set you up in something like this? >> the only thing i can think of is manitowoc county with the money. so, they didn't have to pay nothin' out. >> while he was awaiting trial avery settled his 36 million dollar lawsuit for 400 thousand dollars. the county did not acknowledge any wrongdoing. avery used the money for his defense.
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that the state's evidence was weak, and could easily have been planted, beginning with that car key. >> your theory is that the key was planted in the residence? >> that is where we thought the evidence pointed, yes. >> buting pointed out that the detective who found that key shouldn't have been there at all because of the lawsuit. and he only found the key after the trailer had been searched multiple times. >> it was not 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 key could've been stuck behind that -- >> no. >> reporter: little side table? >> no. none. 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, prosecutors told the jury that
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key, but -- >> the odd thing was 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 found in avery's garage? the defense called it the 'magic bullet,' arguing that it, too, was found under strange circumstances. >> one, it had never been discovered in a week's worth of searches of the garage back in november. two, it was the only piece of evidence that had teresa halbach's dna on it. >> in fact, avery's lawyers thought the physical evidence the state had linking him to the murder was all suspect, including teresa's bones found outside his trailer. >> there was clear evidence, undisputed evidence, that the bones had been moved. >> reporter: why are you so sure that the bones were moved? >> because there were her bones found in two different locations. >> the defense argued that the moved bones showed avery
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body, burn it somewhere, and then come and dump the bones right outside your own garage. that made no sense at 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 herring. the dna that was found was not a large quantity. it was consistent with what you might find from a transferred type of dna. >> buting believes an evidence tech at the scene may have gotten avery's dna on a glove and then transferred it to the latch by accident. >> what is clear 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 buting learned that a sample of avery's blood had been taken during his wrongful conviction years before and it still sat in the manitowoc county clerk's office.
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office and saw that there was still a styrofoam box that is -- had been slit open with evidence 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. >> and buting noticed something he thought seemed very strange about the blood vial. >> we saw -- a hole in the top it started to look really, really suspicious. >> with that, the attorneys thought they had a compelling argument -- their theory someone had taken blood from that stored sample and planted it in teresa's car to frame steven
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>> the vial of blood has a hole. >> but the prosecution said not so fast. in court they pointed 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. so the prosecution argued there was no way it could have been planted. >> this vial planting defense even from a common sense standpoint is absolutely ludicrous. at trial the defense gave the jury their bottom 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 that there's no way he committed this crime? >> from the evidence i've looked at i think he is innocent. i think he certainly was not guilty beyond a reasonable doubt under the evidence that was presented. >> we the jury find the defendant steven avery guilty. >> but the jurors didn'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 -- with that, a parting rebuke from the judge -- >> you are probably the most
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foot in this -- >> reporter: did you feel like you had let steven down in any way? >> you always do. it-- when you lose, you're always second-guessing yourself. >> a month later, avery's nephew brendan dassey was also convicted of murder for his role, and sentenced to life in prison. the saga of steven avery seemed to have ended -- but two filmmakers would come to ignite the case in a whole new way. >> coming 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. should that hole be there? >> when daylight "dateline" continues."dateline" continues. he also prescribed lyrica.
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we the jury find the defendant steven a. avery guilty. >> reporter: nine years ago, steven avery was sentenced 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 footage, which became "making a murderer." >> are you surprised at how it's just completely exploded? >> i am. i mean, i've gotten emails and contacts from literally all over the world. >> reporter: the ten-part series examines the trials of steven avery- taking 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? well now we argue it.
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but i realized that it, you know, this would be an opportunity to see what it's like to, to put on a case from the defense side. >> reporter: former prosecutor ken kratz did not participate in the netflix series. and while he did win in the courtroom, he's now playing defense in another court, public opinion. he continues to refute the defense's theory that steven avery was the victim of a frame-up by the manitowoc county sheriff's department. >> with any one of these facts, you can come up with a what-if scenario. but at some point this conspiracy theory collapses under its own weight. >> reporter: a lot of attention right now focuses on that vial of avery's blood at the center theory. in court the defense couldn't prove it was used to plant the blood stain in teresa's car. but a scene in "making a murderer" has re-ignited the debate. >> the seal was clearly broken. >> that's really the big "aha"
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>> yeah, it was. >> and get this right in the center of the top of the tube is a little tiny hole. just about the size of a hyperdermic needle. >> reporter: kratz says that hole in the vial is easily explained. >> every one of these vacu-sealed tubes is exactly the same. they're all gonna have that. nothing magic 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. >> well, actually it depends, some of them don't do it that way. and when they do, they're self-sealing so that there wouldn't be this kind of hole, like, like was visible in this particular stopper. >> reporter: and buting says on closer examination, he noticed something else about that blood
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>> this part didn't make the documentary. but you could definitely see that, oh, right up to the edge, there was blood around in between the stopper and the glass. >> so what does that tell you if 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 trapped in between it. >> reporter: we spoke with dennis ernst, who is one of the nation's leading experts in blood collection. 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? >> no, not sinister at all. that stopper is not a complete tight fit down at the lower ends of it so it's typical and common to see blood gathering around the stopper around the inside of the tube. >> and there's a hole at the top. should that hole be there? >> well, it, it had better be
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there's always a telltale puncture mark in the tubes that are properly filled so the presence of a hole means absolutely nothing. >> reporter: we also went to the manitowoc county clerk's office and saw something interesting. court documents 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 tape that normally would seal the stopper and the tube itself was missing. and that there was no explanation for. >> reporter: last week we spoke with the current manitowoc county sheriff robert hermann. >> what would you say to -- to people who just feel that your sheriff's department was corrupt, that steven avery was framed? >> well, i first of all - i know it's not true. i have 100% confidence in the deputies that were out there. to say that, you would have to have a lot more people onboard to -- say that evidence was
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framed. >> 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? >> you ask questions like, like a defense lawyer. anything is possible, an elephant could come walking through -- the back door over there. it's certainly possible -- it's highly unlikely. nothing about this case, suggests that any of this evidence was planted. >> reporter: "making 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. >> i wanna see his name cleared >> announcer: a new attorney for steven avery. >> you think you have new evidence that 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
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reporter: "making a murderer" and the publicity surrounding it have made steven avery one of the most famous prisoners in america. in recent letters to wisconsin media, avery has insisted, "the real killer is still out there." today brought demonstrations on both sides of the case in manitowoc. how does he feel about 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.
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finally listening. >> reporter: "making a murderer" is making another prisoner famous, too. remeer brendan dassey? brendan told investigators that he had helped his uncle steven kill teresa. but he immediately recanted the statement. brendan's story is now outraging many viewers who have seen the confession tapes. >> tell us, and what else did you do? come on. something with the head. >> reporter: his new attorneys, steven drizin and laura nirider, say brendan was just 16 years old then, has a low iq, and was coaxed into making a false confession after investigators fed him details of the crime. >> we have the evidence brendan. we just need you to -- to be honest with us. >> that he cut off her hair. >> what else was done to her head? >> that he punched her. >> what else?
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brendan? it's okay. what did he make you do? >> cut her. >> what else happens to her in her head? it's extremely, extremely important you tell us 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. >> then why didn't you tell us that? >> 'cause i couldn't think of it. >> reporter: at the end of the tape, he can be heard talking to his mom. >> they got to my head. >> huh? what do you mean by that? >> "making a murderer" 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 investigators simply doesn't match the evidence. for example, he described a bloody stabbing scene in avery's trailer, yet investigators never
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there. >> the film restored his presumption of innocence. everybody who saw that film is left with one indelible impression, "this kid got screwed, and he deserves a new trial." >> reporter: his attorneys have asked a federal court to review his case. >> do you think brendan dassey might actually get a new trial? >> i don't think so. >> reporter: ken kratz prosecuted both cases and still believes brendan is guilty, that his confession fit the evidence. but he does have one regret, that graphic conference press he gave. >> there is a substantial amount of physical evidence. having to do it all over again, i would not have given that press conference. i would have simply released the complaint. >> reporter: retracked friday his other regrets are personal. "making a murderer" highlights a
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kratz resigned in 2010 as calumet county d.a. after he admitted to sexually harassing a domestic violence case he was trying. i covered the story back then and make my own quick appearance in "making a murderer." >> reported the harassment to the police who -- >> reporter: kratz says he's a changed man. >> i look back to the bravado and the narcissism really that i experienced and expressed. and it is surprising to me, you know. i was a jerk. >> reporter: kratz, now a defense attorney, still stands by his prosecutions of both brendan dassey and steven avery. >> steven avery's guilty and deserves to be right where he is. >> reporter: 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 visit avery in prison. it's her first interview since taking on the case. >> million dollar question. do you think you have new evidence that could free steven avery?
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>> is there anything you can tell us about that? >> well, i can tell you, generally, that since 2007, there have been significant advances in forensic testing. so, that's one of the things we're doing. >> are you going to retest the blood? >> we will do everything necessary that's forensically available. >> you actually bought a rav 4. the same -- >> i did. >> model as teresa's, why? >> well, because i want to understand the hood latch, battery cables, 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. >> do you have any alternate suspects? >> yes we do. we do. >> clearly there are other people we're looking at. that's always done in a case like this. >> how is steven doing? >> steven is doing much better. steven, now that he's aware that there's new testing that can be done, he's thrilled. when someone wants every 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
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avery case, "the innocent killer." he says that with all the attention this story has received, one voice has been missing. >> do you think she's been forgotten in all of this? >> i think she has been forgotten in all of this. a person lost her life, and somehow, we have to try to keep sight of that. >> reporter: in our searches through the evidence in this case, we came across one more piece of tape. a grainy video diary teresa made -- prosecutors played 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 whenever i die, that i was happy. >> that's all 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 night.tonight: clear with a much
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begins to build in. lows in the upper teens to mid 20s. saturday: with high pressure to our south, winds begin to shift out of the south warming us up into the low to mid 50s. look for lots of sunshine with a few high clouds. saturday night: mostly clear communication is the best thing so i also check their phone to make sure they're doing the right thing" now at eleven ... students and parents in the alleghany highlands get a lesson on the dangers of social media. what our local law enforcement want you to know. plus ... presidential hopefuls
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hawkeye state hard. how last
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