Professional Documents
Culture Documents
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[dripping continues]
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[Kratz] We had a pretty good idea
going into this prosecution
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the kind of individual that Mr. Avery was.
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I think that what Mr. Avery did
to Teresa Halbach
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should, uh, speak volumes as to
the kind of person that Mr. Avery is.
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That's why I'm very happy
that the citizens of Manitowoc County
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won't need to worry about Mr. Avery
being on their streets anymore.
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[water dripping]
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- [theme music plays]
- [geese honking]
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Sync and corrections by explosiveskull
www.addic7ed.com
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[Kinzel] In the Penny Beerntsen case,
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Steven Avery went to prison
for something he didn't do,
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and everybody was convinced
that he did it.
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And lo and behold, hey,
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here's, uh, evidence beyond doubt
that he did not do it.
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But in the Halbach case,
investigative techniques
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and interrogation techniques are much
better today than they were then.
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Around here, the feeling is Steven Avery
got what he deserved
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and he is where he belongs.
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Back behind bars for the rest of his life.
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[Allan] They ruined us.
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They ruined our business.
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I always thought Avery was a good name.
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They knocked the name
right down to nothing.
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[Dolores] This one's worse
than the first one.
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There's no family here no more.
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I don't talk to hardly nobody anymore.
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I don't think we're going to, really.
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To get over this.
Unless he can get out.
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[Steven on phone]<i> I didn't think I was</i>
<i>ever gonna get arrested again in my life.</i>
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<i>And just, boom.</i>
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<i>It took a lot... to keep my sanity.</i>
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<i>I gotta prove my innocence again,
just like my first case.</i>
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<i>Once I prove my innocence, that clears me
and Brendan and my whole family.</i>
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[man] Any metal?
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[metal detector beeping]
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[indistinct chatter]
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[Steven on phone]<i> When you appeal it,</i>
<i>when you ain't got no money,</i>
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<i>then they give you appellate attorneys.</i>
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<i>The appellate attorneys,</i>
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<i>they gotta find a loophole
that what they did, it's not legal.</i>
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We are here on the defendant's
post-conviction motion.
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I will note for the record
the defendant is...
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What I'd like... He always got...
He's got the same judge, yeah?
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That scares me.
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All we can do is hope for the best,
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but I got a hunch, anything,
it'll have to go to appeals court.
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That's my...
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I hope I'm wrong.
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Ma's got a lot of hope
for a new trial.
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The courtroom today
was full of family and friends
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from both the Halbachs
and the Averys.
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Today's hearing is essentially
to ask the judge
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who presided over the trial
to change his mind.
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Judge Willis expects to issue
a written decision by December 1st.
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And Avery's nephew, Brendan Dassey,
has also filed some post-trial motions.
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He'll have hearings similar
to his uncle's beginning January 15th.
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[woman] They always have everything ready
for me when I come.
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It's such a small prison, you know,
the parking lot's really small.
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They see my car drive up
and they got everything out for me.
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Everything all set up.
My badge out there.
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Everything all ready.
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Have to laugh. [chuckles] It's...
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It's not good to be known
that well in a prison.
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I started writing to Steven
after watching the trial,
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thinking that they couldn't possibly
convict this man.
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And then when the verdict came back,
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I just wanted to let him know
that I supported him,
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and I truly did not believe
that he did it.
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[Steven on phone]<i> I talked</i>
<i>to her a few times over the phone...</i>
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<i>and then she wanted to come
to Boscobel to see me,</i>
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<i>so I put her on the visiting list.</i>
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I went down there with the thought
that I could be a blessing to him
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and it turned out
that he was a blessing to me.
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He helped me through a lot
with my husband's illness.
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My husband had dementia
along with Parkinson's.
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And Steven helped me through it.
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And he always tells me
it worked both ways.
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We encouraged each other.
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[Steven on phone]
<i>It was just a friendship at that time.</i>
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<i>But Sandy, she was there for me
and she believed in me.</i>
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<i>So I fell in love with all of that,
and I fell in love with her.</i>
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[Sandy] Several months after
my husband passed away,
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my friends told me that there
was more going on between Steven and me
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than what I wanted to admit.
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And I remember when I went to see Steven,
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I said, "I've been told
that there's more to our relationship."
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And he says to me, "You mean,
you haven't felt it all this time?"
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Those were his exact words,
and I said, "No." [laughs]
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[Steven on phone]
<i>She likes everything I like.</i>
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<i>Sandy's mostly the important person
in my life</i>
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<i>and you might figure, my future.</i>
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In '85, they only took my brother away...
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for something he didn't do.
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And they knew it.
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And now...
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they took my brother away and my son.
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If Steven would've did it,
I think he would've confessed by now.
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If he did it.
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And he hasn't confessed.
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And that's what he did with the first one
when they sent him away for 18 years.
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I believe he's still innocent.
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And I know my son is innocent.
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[female reporter]
Brendan Dassey is now 19 years old
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and spending the last part
of his teenage years
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at Columbia Correctional Facility
in Portage.
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Dassey's new attorneys say
he should have a new trial.
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The jury did not hear a lot of evidence
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which would've explained to them
why Brendan confessed to a crime
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that he did not commit.
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[Drizin] I had heard about this case
from the get-go.
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When Steven Avery was arrested
and charged with Teresa Halbach's murder,
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that was big news in the innocence world.
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When Brendan was arrested,
that was immediately on my radar screen
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because it was one of the first
video-recorded interrogations
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in the State of Wisconsin,
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and I had been involved in the litigation
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that led the Supreme Court
to require videotaping.
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[man] Steve Drizin has made his life work
studying false confessions...
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so I was very pleased
that somebody with the resources,
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the experience and the credibility,
especially on confession issues,
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took over the case.
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That was huge.
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It was at that point I was willing
to step in, um, just to watch them work.
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See them do what they do
and to be a part of that.
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What we argue
in our post-conviction motion
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is that Brendan's pre-trial attorney,
Len Kachinsky,
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violated his duty of loyalty to Brendan.
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Every attorney in this country
owes a duty of loyalty to their clients.
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That's part of the constitutional
right to counsel.
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And what happened in this case
is that Attorney Kachinsky
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took steps to essentially coerce Brendan
into pleading guilty.
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And we argued that Attorney Kachinsky's
behavior is absolutely intolerable,
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that no court in Wisconsin
should sanction that kind of conduct
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and that Brendan should get a new trial.
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You were appointed,
was it on March 7th or March 8th?
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- [Kachinsky] March 7th.
- March 7th. OK.
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Did you talk to Brendan on that day,
on March 7th?
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- I don't believe I did.
- OK.
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However, you did talk to the press,
is that right?
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Yes, shortly after the appointment,
the calls started rolling into the office.
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Sure.
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I want to draw your attention
to a news report from Channel 26
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that says, "We have a 16-year-old who,
while morally and legally responsible,
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was heavily influenced by someone
that can only be described
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as something close to evil incarnate."
Right?
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That's what it says I said,
but that wasn't me. [laughs]
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OK. Um...
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Is there anything about this statement
that bothers you?
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To say that we have a 16-year-old
who's morally and legally responsible,
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that would in effect admit guilt
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and that is something
you should definitely not say.
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[Drizin] Just for the record, Your Honor,
Mr. Kachinsky testified
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that he did not make those comments
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and this exhibit is being introduced
as impeachment evidence
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to demonstrate that in fact
Mr. Kachinsky made those comments.
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The court will receive it.
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[male reporter] Attorney Len Kachinsky
immediately lashed out at Steven Avery.
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[Kachinsky] We have a 16-year-old who,
while morally and legally responsible,
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was heavily influenced by someone
that can only be described
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as something close to evil incarnate.
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[Dvorak] And, uh, the next day,
you make the statement
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that "if the confession is valid
and admissible as evidence,
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it would almost certainly
result in a conviction."
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- Right?
- Correct.
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OK. You still hadn't reviewed
Brendan's statement, right?
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- No. That's correct.
- That first statement?
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- Correct.
- All right. March 10th appears to be
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the first time you went to see him,
is that...?
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- That sounds correct.
- OK.
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And when you got out from that meeting,
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the press was there
waiting for you, right?
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- They were there waiting when I got there.
- OK.
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- [laughs] Yes, they were.
- All right.
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I want you to refer to an interview
with you from NBC 26.
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It says that,
"Kachinsky says at this point
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he hasn't ruled out negotiating
a plea deal in the case." Right?
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- That's correct.
- OK.
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And how did that advance Brendan's case?
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Because I knew that Brendan's family
was watching these newscasts
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and so in effect it was a message
to try to get them accustomed to the idea
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that Brendan might take a legal option
that they don't like,
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so part of the intended audience
was Brendan Dassey's family.
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00:16:46,342 --> 00:16:47,876
- Yeah...
- And Brendan himself.
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00:16:47,943 --> 00:16:52,642
About his only contact with the outside
world was, uh, visits with his parents
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- and, uh, television.
- Yeah. Now...
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Brendan's best interest was to demonstrate
that he had his own moral compass.
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And he wasn't necessarily the pawn
of the Avery family,
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that he could make his own moral decisions
as to what was right or wrong
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under all the circumstances,
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and part of that would be to admit
being involved, you know,
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in the death of Teresa Halbach.
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During that meeting with Brendan
on that day,
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uh, he told you he didn't do this.
Correct?
196
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I believe he did.
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And he told you that what he said
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and what was in the complaint
about what he said was not true. Correct?
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- I believe he said that.
- OK.
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And he also told you at that time
that he wanted to take a polygraph test
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- to prove that, correct?
- Oh, correct. Yes.
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00:17:46,475 --> 00:17:52,409
OK. So Brendan is asserting his innocence.
203
00:17:52,475 --> 00:17:54,876
- Yes.
- When he talks to you.
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Imagine if you were in Brendan's position,
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00:17:56,409 --> 00:17:58,676
a 16-year-old charged
with one of the most serious crimes
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00:17:58,742 --> 00:18:00,509
you could possibly be charged with.
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00:18:00,576 --> 00:18:03,509
You're intellectually limited, you may not
understand what's happening to you.
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You may not even understand the difference
between your attorney and the police.
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00:18:07,943 --> 00:18:11,943
And imagine that the one person
who is supposed to defend you
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against the entire State of Wisconsin
believes that you're guilty
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despite the fact that you're telling him
that you're innocent.
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[Judge Fox]
Are you set to proceed, Mr. Dvorak?
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- We are, Judge.
- Go ahead.
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I would call Michael O'Kelly, please.
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[Judge Fox] Mr. O'Kelly, come on up here,
take the oath, and then be seated.
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Yes, Your Honor.
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[Drizin] Michael O'Kelly
was an investigator
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that was hired by Len Kachinsky
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to give Brendan a polygraph exam.
220
00:18:57,642 --> 00:19:01,776
But Mr. O'Kelly's role grew and grew
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in ways that, to me, highlight
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how Mr. Kachinsky was not interested
in what Brendan had to say.
223
00:19:13,043 --> 00:19:17,108
He was only interested
in getting Brendan to plead guilty
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so Brendan could be an asset
for the prosecution against his uncle.
225
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At some point, you went out
and started to gather evidence, right?
226
00:19:29,142 --> 00:19:31,043
- Yes.
- OK.
227
00:19:31,108 --> 00:19:33,876
Let's go to exhibit number 64.
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And is that an email
that you sent to Len Kachinsky?
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00:19:38,409 --> 00:19:41,275
- Yes, it is.
- April 27th?
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00:19:41,342 --> 00:19:43,009
- That's correct.
- All right.
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00:19:43,075 --> 00:19:46,043
Go to the paragraph where it says,
"I am not concerned."
232
00:19:46,108 --> 00:19:48,976
[O'Kelly] "I am not concerned
with finding connecting evidence
233
00:19:49,043 --> 00:19:51,542
placing Brendan inside the crime scene,
234
00:19:51,609 --> 00:19:54,609
as Brendan will be State's
primary witness.
235
00:19:54,676 --> 00:19:57,876
This will only serve
to bolster the prosecution.
236
00:19:57,943 --> 00:20:00,876
Brendan's truthful testimony
may be the breakthrough
237
00:20:00,943 --> 00:20:04,576
that will put their case
more firmly on all fours."
238
00:20:05,375 --> 00:20:08,409
So your goal is not only
to get Brendan to confess,
239
00:20:08,475 --> 00:20:13,242
but to also go out and gather evidence
to help the State in its prosecution.
240
00:20:13,309 --> 00:20:14,509
- Correct?
- That is correct.
241
00:20:14,576 --> 00:20:18,208
Even if that evidence
tends to inculpate Brendan.
242
00:20:18,275 --> 00:20:20,576
- I... Yes, that's correct.
- OK.
243
00:20:20,642 --> 00:20:26,175
Now you're working for Mr. Kachinsky
at this time, right?
244
00:20:26,242 --> 00:20:27,676
Yes, I am.
245
00:20:27,742 --> 00:20:31,009
And you're also working
for Brendan Dassey at this time, correct?
246
00:20:31,075 --> 00:20:33,075
- Brendan is my client. Yes.
- OK.
247
00:20:33,142 --> 00:20:36,742
And what you're talking about here
is securing evidence
248
00:20:36,809 --> 00:20:40,108
that would be useful to the prosecution
in prosecuting Steven Avery,
249
00:20:40,175 --> 00:20:43,142
and you make reference
to Brendan's testimony.
250
00:20:43,208 --> 00:20:44,509
That's correct.
251
00:20:44,576 --> 00:20:48,509
This kind of cooperation
between a defense investigator
252
00:20:48,576 --> 00:20:51,709
and the prosecution is unheard of.
253
00:20:53,542 --> 00:20:55,409
- [Fassbender]You all set?
- [O'Kelly] Yep. Thanks very much.
254
00:20:55,475 --> 00:20:58,842
So in a sense, they were working
for the prosecution.
255
00:20:58,909 --> 00:21:03,242
They were working for the police
and working for Mr. Kratz
256
00:21:03,309 --> 00:21:05,943
to build their case against Steven Avery
257
00:21:06,009 --> 00:21:10,776
while at the same time
damaging Brendan's chances.
258
00:21:13,943 --> 00:21:19,842
And it all came to a head
on Friday night, May 12th.
259
00:21:19,909 --> 00:21:25,375
Len and O'Kelly decide
that they want to visit Brendan
260
00:21:25,442 --> 00:21:29,275
as soon as the court rules
on his motion to suppress.
261
00:21:30,009 --> 00:21:32,075
If Brendan loses his motion to suppress,
262
00:21:32,142 --> 00:21:36,309
the confession is coming into evidence
and the case against Brendan
263
00:21:36,375 --> 00:21:39,375
is gonna be much harder to beat.
264
00:21:39,442 --> 00:21:43,876
In the scope of the case,
that's one of the most important decisions
265
00:21:43,943 --> 00:21:49,976
and they knew that Brendan
would be at his lowest point
266
00:21:50,043 --> 00:21:53,043
when he learned that
that confession was coming in.
267
00:22:08,609 --> 00:22:09,876
[Dvorak] All right. Stop there.
268
00:22:09,943 --> 00:22:14,309
This is a picture of a ribbon
hanging on a tree.
269
00:22:14,375 --> 00:22:18,275
Oh, sure, yes. Um... [sniffles]
270
00:22:24,275 --> 00:22:27,043
[sniffles]
271
00:22:27,108 --> 00:22:30,009
[voice breaking] I believe
it's Teresa's church in the background.
272
00:22:30,075 --> 00:22:34,609
- OK. And that has...
- God, I apologize. [sniffles]
273
00:22:34,676 --> 00:22:35,909
[Dvorak] OK. All right.
274
00:22:35,976 --> 00:22:40,442
Now you laid those things out prior
to Brendan coming into the room, right?
275
00:22:40,509 --> 00:22:41,509
- Oh, yes.
- All right.
276
00:22:41,576 --> 00:22:46,809
And this is part of your plan
to get a statement from Brendan, correct?
277
00:22:46,876 --> 00:22:49,342
- To get an admission? Yes.
- All right.
278
00:22:49,409 --> 00:22:53,709
I want to refer you to your email
to Mr. Kachinsky on May 9th.
279
00:22:53,776 --> 00:22:57,676
Would you read from the third paragraph?
280
00:22:58,509 --> 00:23:00,208
"Brendan needs to be alone.
281
00:23:00,275 --> 00:23:03,943
When he sees me this Friday,
I will be a source of relief.
282
00:23:04,009 --> 00:23:07,475
He needs to trust me in the direction
that I steer him into.
283
00:23:07,542 --> 00:23:10,208
We need to separate him from fantasy
284
00:23:10,275 --> 00:23:13,542
and bring him to see reality
from our perspective."
285
00:23:13,609 --> 00:23:18,208
Was all of this done pursuant
to instructions from Mr. Kachinsky?
286
00:23:18,275 --> 00:23:19,509
Oh, sure, yes.
287
00:23:20,642 --> 00:23:25,009
[Dvorak] From the first shot
where you see this table
288
00:23:25,075 --> 00:23:29,208
where he had this picture
of Teresa Halbach...
289
00:23:30,075 --> 00:23:36,776
and the church and the ribbon,
what a production. My God.
290
00:23:36,842 --> 00:23:42,108
The extent and the level
to which he went to...
291
00:23:43,075 --> 00:23:44,943
coerce this confession.
292
00:23:46,043 --> 00:23:47,475
It was just amazing.
293
00:23:47,542 --> 00:23:49,676
You know, it's everything
that you talk about.
294
00:23:49,742 --> 00:23:54,108
All the methods to get
an unreliable confession.
295
00:23:54,175 --> 00:23:56,108
It's clearly where his heart was.
296
00:23:56,709 --> 00:24:00,842
[Dvorak] Tell me how you start that email
to Mr. Kachinsky on May 9th.
297
00:24:01,642 --> 00:24:04,275
[O'Kelly]
"I am learning the Avery family history
298
00:24:04,342 --> 00:24:07,009
and about each member
of the Avery family.
299
00:24:07,075 --> 00:24:08,876
These are criminals.
300
00:24:08,943 --> 00:24:12,075
There are members engaged
in sexual activities
301
00:24:12,142 --> 00:24:15,009
with nieces, nephews, cousins, in-laws.
302
00:24:15,809 --> 00:24:20,742
Customers or their relatives unwittingly
become victims of their sexual fantasies.
303
00:24:20,809 --> 00:24:24,475
This is truly where the devil
resides in comfort." [sniffles]
304
00:24:27,709 --> 00:24:30,809
[sobbing] I just keep thinking
about that blue ribbon. I'm sorry.
305
00:24:33,275 --> 00:24:37,108
"I can find no good in any member.
[sniffles]
306
00:24:37,175 --> 00:24:39,009
These people are pure evil.
307
00:24:41,309 --> 00:24:45,475
A friend of mine suggested,
'This is a one-branch family tree.
308
00:24:45,542 --> 00:24:50,342
Cut this tree down.
We need to end the gene pool here.'"
309
00:24:55,576 --> 00:25:00,242
We saw things that I think have never
been seen before in a court of law.
310
00:25:00,309 --> 00:25:06,242
I can't think of another case where
a defense attorney and his investigator,
311
00:25:06,309 --> 00:25:13,309
um, plotted to pressure their client
to plead guilty to a case that he was...
312
00:25:13,375 --> 00:25:15,642
in which he was expressing his innocence.
313
00:25:15,709 --> 00:25:17,909
[woman] That tape
was somewhat disturbing, I think.
314
00:25:17,976 --> 00:25:23,175
It was extraordinarily disturbing and
Michael O'Kelly is a seasoned investigator
315
00:25:23,242 --> 00:25:26,609
and I believe what he did
to Brendan Dassey traumatized him.
316
00:25:30,309 --> 00:25:31,976
So the first question
you have to ask yourself is
317
00:25:32,043 --> 00:25:34,075
do you want to spend
the rest of your life in prison?
318
00:25:36,943 --> 00:25:38,943
So is that a yes or a no?
319
00:25:41,475 --> 00:25:43,709
- I can't hear you.
- No.
320
00:25:43,776 --> 00:25:44,842
All right.
321
00:25:44,909 --> 00:25:47,009
Do you want to get out
and have a family someday?
322
00:25:49,876 --> 00:25:51,409
Well, that means
you have to cooperate with me
323
00:25:51,475 --> 00:25:53,075
and help me work with you.
324
00:25:55,075 --> 00:25:59,309
O'Kelly is using these tools
to break Brendan down,
325
00:25:59,375 --> 00:26:02,709
to get him to confess again.
326
00:26:02,776 --> 00:26:04,809
And he finally succeeds.
327
00:26:04,876 --> 00:26:09,342
Draw a picture of the bed
and how she was tied down.
328
00:26:10,242 --> 00:26:12,242
But draw it big-sized so we can see it.
329
00:26:12,309 --> 00:26:18,175
And the first thing he does is he picks up
the phone and he calls Len Kachinsky.
330
00:26:19,342 --> 00:26:20,676
[O'Kelly] Hi, Len?
331
00:26:21,776 --> 00:26:23,309
Hi, Len, this is Mike O'Kelly.
332
00:26:23,375 --> 00:26:25,242
I'm with Brendan right now.
333
00:26:26,576 --> 00:26:30,475
Oh, quite well. Quite well. Very well.
He's given a detailed statement.
334
00:26:30,542 --> 00:26:37,175
And then they arrange for Brendan to be
interrogated again the next day on tape
335
00:26:37,242 --> 00:26:42,375
by the very same police officers
who manipulated him before, um...
336
00:26:42,442 --> 00:26:46,509
without Len Kachinsky being present.
337
00:26:47,342 --> 00:26:51,409
I was told by your attorney
that you wanted to talk to us...
338
00:26:51,475 --> 00:26:57,009
[Drizin] So on May 13th,
these investigators,
339
00:26:57,075 --> 00:26:59,609
they think they're gonna get gold.
340
00:26:59,676 --> 00:27:02,442
They think they're gonna get
a confession from Brendan
341
00:27:02,509 --> 00:27:05,142
that is gonna be a game changer.
342
00:27:05,208 --> 00:27:07,409
It's gonna have even more details,
343
00:27:07,475 --> 00:27:10,142
it's gonna lead them
to new information
344
00:27:10,208 --> 00:27:13,776
and that Brendan is now
gonna be their star witness.
345
00:27:14,842 --> 00:27:18,976
But what do they get instead?
They get crap.
346
00:27:20,175 --> 00:27:23,842
At what point did you put her cell phone
and camera and purse and stuff
347
00:27:23,909 --> 00:27:25,442
in the burn barrel?
348
00:27:28,375 --> 00:27:31,442
- I didn't.
- OK, who did?
349
00:27:32,676 --> 00:27:35,342
- Probably Steven.
- No, not "probably." Who did?
350
00:27:35,409 --> 00:27:38,009
If you know, you need to tell me.
351
00:27:38,075 --> 00:27:39,842
You were over there.
352
00:27:39,909 --> 00:27:42,642
- Steven did.
- Did you see him do it?
353
00:27:42,709 --> 00:27:44,976
- Yeah.
- No, honestly, yes or no,
354
00:27:45,043 --> 00:27:46,709
did you see him do it?
355
00:27:46,776 --> 00:27:48,409
Don't lie about it. If you did, good.
356
00:27:48,475 --> 00:27:51,609
If you didn't, good.
Did you see him do that?
357
00:27:53,043 --> 00:27:54,342
No.
358
00:27:55,475 --> 00:27:57,976
This is somebody who obviously
doesn't know what to say.
359
00:27:58,043 --> 00:28:01,776
And is obviously saying
whatever he thinks the officers
360
00:28:01,842 --> 00:28:04,009
and his defense attorneys want him to say.
361
00:28:04,075 --> 00:28:09,509
And the resulting story is widely
different than what he said on March 1st.
362
00:28:09,576 --> 00:28:12,943
What's happening is he's just generating
more and more conflicting statements
363
00:28:13,009 --> 00:28:15,342
and essentially muddying up
the State's case.
364
00:28:15,409 --> 00:28:21,108
So they come up with a plan
and the plan is to persuade Brendan
365
00:28:21,175 --> 00:28:24,375
to call his mother later that evening
366
00:28:24,442 --> 00:28:28,842
and to talk to her
about his role in the offense.
367
00:28:28,909 --> 00:28:31,142
When are you gonna
tell your mom about this?
368
00:28:35,442 --> 00:28:37,175
Probably the next time I see her.
369
00:28:37,242 --> 00:28:40,576
'Cause you've lied to her so far, right?
370
00:28:41,909 --> 00:28:44,242
Don't you think you should
call her and tell her?
371
00:28:45,075 --> 00:28:47,542
- Yeah.
- When you gonna do that?
372
00:28:49,208 --> 00:28:50,609
Probably tonight.
373
00:28:52,642 --> 00:28:56,075
Don't you think she'd like to hear it
coming from you rather than from me?
374
00:28:56,142 --> 00:28:58,009
- So you gonna do that?
- Yeah.
375
00:28:58,075 --> 00:29:01,375
- When you gonna do that?
- Tonight.
376
00:29:01,442 --> 00:29:04,876
Probably be a good idea,
before we tell her.
377
00:29:04,943 --> 00:29:08,342
[man] At the time that you had suggested
to Brendan that he call his mother,
378
00:29:08,409 --> 00:29:11,909
you knew that calls
from the jail were recorded, didn't you?
379
00:29:11,976 --> 00:29:13,409
- Yes.
- OK.
380
00:29:13,475 --> 00:29:19,043
And you wanted Brendan to call his mother
and to repeat what he had told you.
381
00:29:19,108 --> 00:29:22,943
- Is that right?
- Yes, for several different reasons.
382
00:29:23,009 --> 00:29:25,976
One of those reasons was that you knew
that if he did that,
383
00:29:26,043 --> 00:29:29,142
that conversation could be introduced
against him in court. Is that right?
384
00:29:29,208 --> 00:29:30,776
No, it was not our thought
at that time.
385
00:29:30,842 --> 00:29:33,709
Our thought was
we were dealing with Barb constantly.
386
00:29:33,776 --> 00:29:36,742
She would be on our side,
she'd be with us to help us
387
00:29:36,809 --> 00:29:39,309
and then she would be mad at us,
things like that.
388
00:29:39,375 --> 00:29:42,108
Um, we wanted Barb's cooperation.
389
00:29:42,175 --> 00:29:45,175
That was the purpose of that.
390
00:29:45,242 --> 00:29:48,342
Did you suggest to Brendan that perhaps,
if that was your objective,
391
00:29:48,409 --> 00:29:52,342
that he might ask his mother to come
to the jail to speak to her about that?
392
00:29:52,409 --> 00:29:53,709
- Did I ask Brendan to do that?
- Yeah.
393
00:29:53,776 --> 00:29:56,642
- No.
- Basically, what you said here was that
394
00:29:56,709 --> 00:30:00,309
unless he called her that night
that you would tell her.
395
00:30:00,375 --> 00:30:01,642
- Isn't that right?
- That's true. Yes.
396
00:30:01,709 --> 00:30:03,075
And so Brendan complied.
397
00:30:03,142 --> 00:30:08,043
He went back to his cell and he called his
mother on the recorded prison telephones.
398
00:30:08,108 --> 00:30:14,609
And he said to her,
"Mom, Michael O'Kelly
399
00:30:14,676 --> 00:30:18,442
and Mark Wiegert think I'm lying.
400
00:30:18,509 --> 00:30:23,442
They told me if I say I did this,
I won't be doing life in prison.
401
00:30:23,509 --> 00:30:26,442
And I might even get out
to have a family."
402
00:30:26,509 --> 00:30:28,742
Those are things
that didn't come from the police,
403
00:30:28,809 --> 00:30:32,142
those are things that
Michael O'Kelly told him.
404
00:30:32,208 --> 00:30:34,509
So Brendan is explaining to his mother,
405
00:30:34,576 --> 00:30:37,776
"My defense team is telling me
I need to say I did this."
406
00:30:37,842 --> 00:30:39,475
And that's what he tells his mother.
407
00:30:39,542 --> 00:30:42,009
He says, "Mom, I did some of it."
408
00:30:42,075 --> 00:30:45,609
And she says, "Brendan, how could you
possibly have done some of this?
409
00:30:45,676 --> 00:30:50,009
I saw you at home at 5:00 p.m.
on October 31st.
410
00:30:50,075 --> 00:30:52,509
You weren't over at Steven's.
You were at home."
411
00:30:52,576 --> 00:30:57,609
And he says, "Oh, well, I went back
to Steven's after I saw you."
412
00:30:57,676 --> 00:31:02,776
That's important because the State used
that May 13th recorded telephone call
413
00:31:02,842 --> 00:31:05,175
against Brendan at trial.
414
00:31:05,242 --> 00:31:09,475
And it would've never come about,
never come about,
415
00:31:09,542 --> 00:31:12,909
absent the actions of attorney Kachinsky.
416
00:31:12,976 --> 00:31:15,609
They weren't supposed
to use those statements.
417
00:31:15,676 --> 00:31:20,075
There was a gentleman's agreement
that this was a lost weekend
418
00:31:20,142 --> 00:31:26,909
because Len Kachinsky allowed Brendan
to be interrogated without counsel.
419
00:31:27,576 --> 00:31:30,009
But they used them. They got greedy.
420
00:31:30,075 --> 00:31:36,108
And they used them in a way that was
very powerful and persuasive to the jury
421
00:31:36,175 --> 00:31:39,142
and almost ensured that Brendan
would be convicted.
422
00:31:40,208 --> 00:31:45,742
And when he got back at 5:00...
he could've told his mother.
423
00:31:49,009 --> 00:31:50,409
As we know in the call,
424
00:31:50,475 --> 00:31:55,242
and as she rightly noted, "I would've put
you in the car and we would've left."
425
00:31:55,309 --> 00:31:56,776
But he goes back.
426
00:31:56,842 --> 00:32:02,175
We know he goes back because he tells
his mother in those phone conversations
427
00:32:02,242 --> 00:32:07,409
ten weeks later on May 13th and May 15th
that he went back, that he was there.
428
00:32:07,475 --> 00:32:10,409
[Drizin] They set Brendan up.
429
00:32:11,375 --> 00:32:12,976
Who's there for Brendan?
430
00:32:13,776 --> 00:32:15,943
He's all alone.
431
00:32:16,009 --> 00:32:20,909
And that's the main reason
why he deserves a new trial
432
00:32:20,976 --> 00:32:24,542
is because the actions
that his own attorney
433
00:32:24,609 --> 00:32:28,809
and his investigator took
434
00:32:28,876 --> 00:32:35,609
so damaged his chances
of ever winning this case,
435
00:32:35,676 --> 00:32:38,342
that he needs a do-over.
436
00:32:46,009 --> 00:32:48,809
[Steven on phone]<i> Judge Willis,</i>
<i>he wasn't on my side at all.</i>
437
00:32:56,742 --> 00:32:59,842
<i>I knew I wasn't gonna
get no play from him.</i>
438
00:33:01,208 --> 00:33:03,075
<i>He thought I was guilty anyway.</i>
439
00:33:07,309 --> 00:33:09,509
<i>I'm just waiting for the next step,
you know?</i>
440
00:34:12,909 --> 00:34:16,342
The governor of Wisconsin has called
for the resignation of a state prosecutor
441
00:34:16,409 --> 00:34:17,776
after the prosecutor admitted to sending
442
00:34:17,842 --> 00:34:21,009
more than 30 sexually suggestive
text messages
443
00:34:21,075 --> 00:34:23,709
to a domestic abuse victim
whose case he was handling.
444
00:34:23,776 --> 00:34:26,576
[female reporter] The scandal
remained quiet until last week
445
00:34:26,642 --> 00:34:30,043
when the Associated Press
revealed the text messages.
446
00:34:30,108 --> 00:34:35,043
"I'm the attorney," he wrote.
"I have the $350,000 house.
447
00:34:35,108 --> 00:34:37,043
I have the six-figure career.
448
00:34:37,108 --> 00:34:41,842
You may be the tall, young, hot nymph,
but I am the prize.
449
00:34:41,909 --> 00:34:44,542
Are you the kind of girl
that likes secret contact
450
00:34:44,609 --> 00:34:49,475
with an older married elected DA,
the riskier the better?"
451
00:34:49,542 --> 00:34:54,676
[Steven on phone]<i> When I heard about</i>
<i>Ken Kratz and his sexting, I thought,</i>
452
00:34:54,742 --> 00:34:58,442
<i>"Well, Ken Kratz, that's his ethics."</i>
453
00:34:58,509 --> 00:35:03,542
I intend to continue to serve
as the Calumet County District Attorney...
454
00:35:03,609 --> 00:35:06,375
Stephanie Van Groll reported
the harassment to the police,
455
00:35:06,442 --> 00:35:10,075
who turned the case over
to the Wisconsin Department of Justice.
456
00:35:10,142 --> 00:35:13,009
They chose to take
very little action against him.
457
00:35:13,075 --> 00:35:15,776
New details tonight
about a text messaging scandal.
458
00:35:15,842 --> 00:35:17,642
[male reporter] Now we are learning
that Kratz took steps
459
00:35:17,709 --> 00:35:19,709
to try to keep that case
from going public.
460
00:35:48,976 --> 00:35:51,142
[Steven on phone]<i> I guess</i>
<i>the Justice Department knew</i>
461
00:35:51,208 --> 00:35:54,909
<i>about a year before they put it out.</i>
462
00:35:55,876 --> 00:35:58,108
<i>They stick up for their own people.</i>
463
00:35:59,709 --> 00:36:02,142
[female reporter] Governor, why did it
take a year for this to be made public?
464
00:36:02,208 --> 00:36:04,208
[male reporter] At least five women
have come forward.
465
00:36:04,275 --> 00:36:08,742
The office of lawyer responsibility
closed it out without doing anything.
466
00:36:08,809 --> 00:36:11,375
What is going on in the Wisconsin
Department of Justice?
467
00:36:16,976 --> 00:36:20,909
[Kratz] I had gone from being one
of the most respected DAs in the state
468
00:36:20,976 --> 00:36:25,609
to vilified and hated
and altogether forgotten.
469
00:36:37,976 --> 00:36:42,142
[bell tolling]
470
00:37:00,043 --> 00:37:02,776
There's a huge disconnect there.
471
00:37:02,842 --> 00:37:06,309
I mean, the judge did remove Kachinsky
472
00:37:06,375 --> 00:37:09,876
because he had allowed Brendan
473
00:37:09,943 --> 00:37:13,576
to talk to the police
without him being there.
474
00:37:14,342 --> 00:37:19,909
But if he did that, he should also
have suppressed the statement
475
00:37:19,976 --> 00:37:22,576
that was used to impeach Brendan.
476
00:37:22,642 --> 00:37:28,242
To recognize on the one hand
that a lawyer is ineffective
477
00:37:28,309 --> 00:37:32,175
and then allow the fruits
of that ineffectiveness
478
00:37:32,242 --> 00:37:37,976
to be used to the admission of another
confession, I mean, it's a problem.
479
00:37:38,043 --> 00:37:40,009
It's a serious problem.
480
00:38:14,009 --> 00:38:16,475
Brendan tells me they treat him OK.
481
00:38:20,676 --> 00:38:23,542
I mean, he plays games
with the other inmates.
482
00:38:25,876 --> 00:38:27,676
And he does his schooling.
483
00:38:29,442 --> 00:38:32,075
He's trying for his high school diploma.
484
00:38:35,043 --> 00:38:38,409
I seen him yesterday. It was nice.
485
00:38:38,475 --> 00:38:42,043
We played 61 games of Uno. [laughs]
486
00:38:45,876 --> 00:38:47,809
I think he misses everybody.
487
00:38:48,709 --> 00:38:51,242
Talks about babysitting.
488
00:38:51,309 --> 00:38:53,075
That he misses doing that.
489
00:38:55,075 --> 00:38:57,208
Talks about playing his Nintendo.
490
00:38:59,142 --> 00:39:03,475
They should be outta there.
They don't belong in the prison.
491
00:39:03,542 --> 00:39:07,576
Put the ones in there that done something,
not the innocent ones.
492
00:39:11,309 --> 00:39:15,009
Them cops should sit there for a while.
Like about 50 years.
493
00:39:16,642 --> 00:39:19,609
And see how they feel
and how their family feels.
494
00:39:22,475 --> 00:39:24,075
We still love 'em.
495
00:39:27,275 --> 00:39:28,475
Yep.
496
00:39:29,375 --> 00:39:30,776
Always.
497
00:39:40,742 --> 00:39:44,409
[Steven on phone]<i> I always feel</i>
<i>like they kicked me in the gut again.</i>
498
00:39:45,909 --> 00:39:50,876
<i>You only got maybe a second there
to realize you lost again,</i>
499
00:39:50,943 --> 00:39:52,709
<i>then you got another step
and the Supreme Court,</i>
500
00:39:52,776 --> 00:39:55,342
<i>and you get your high hopes up.</i>
501
00:40:01,676 --> 00:40:03,876
<i>They should've did something.</i>
502
00:40:03,943 --> 00:40:07,742
<i>They should hear it
because the case don't make no sense.</i>
503
00:40:09,043 --> 00:40:11,742
<i>You always get let down
by the court system.</i>
504
00:40:21,876 --> 00:40:25,309
[Sandy] Of all the years that I've known
him, this is the roughest I've seen him.
505
00:40:26,475 --> 00:40:32,442
He just seems hopeless
and depressed, I say.
506
00:40:33,309 --> 00:40:35,208
I don't think he can cope anymore.
507
00:40:39,108 --> 00:40:42,309
Boscobel is a prison for violent criminals
508
00:40:42,375 --> 00:40:45,409
and Steven has never
been violent in prison.
509
00:40:46,108 --> 00:40:50,009
So the least they could do is move him.
510
00:40:51,409 --> 00:40:53,542
Getting out of where he is,
511
00:40:53,609 --> 00:40:56,676
I think that's what he wants right now.
512
00:40:56,742 --> 00:40:58,642
And of course eventually out the door.
513
00:41:18,976 --> 00:41:21,342
[Glynn] Is there anybody
sitting at this table
514
00:41:21,409 --> 00:41:26,175
that thinks that regardless of what
procedural chances he still has...
515
00:41:26,242 --> 00:41:32,309
- he has any substantive chances?
- Certainly, if we could do a test today
516
00:41:32,375 --> 00:41:35,876
that was scientifically acceptable
and valid,
517
00:41:35,943 --> 00:41:41,108
that actually proved there was EDTA
in those blood stains,
518
00:41:41,175 --> 00:41:43,676
- that would be newly-discovered evidence.
- Right.
519
00:41:43,742 --> 00:41:45,943
That might be the ticket to a new trial.
520
00:41:46,009 --> 00:41:50,043
[Henak] It's interesting,
the parallels with Steve's first case.
521
00:41:50,108 --> 00:41:52,776
- Right.
- What ultimately freed him
522
00:41:52,842 --> 00:41:54,809
was newly-discovered evidence
523
00:41:54,876 --> 00:42:00,475
where the technology advanced
to the stage where you could test the DNA.
524
00:42:00,542 --> 00:42:05,509
And in this case, we're looking for
technology to do the same kind of thing.
525
00:42:05,576 --> 00:42:08,776
To show that, uh,
the evidence at the original trial
526
00:42:08,842 --> 00:42:12,342
really did not mean what the State
was arguing it meant
527
00:42:12,409 --> 00:42:14,609
and what the jury believed that it meant.
528
00:42:14,676 --> 00:42:17,108
Or some other newly-discovered evidence.
529
00:42:17,175 --> 00:42:19,242
Other people who know something.
530
00:42:19,309 --> 00:42:25,108
I'm still hopeful that someone with that
kind of knowledge is gonna come forward.
531
00:42:25,175 --> 00:42:31,409
I've still got my suspicions about...
whether something improper occurred
532
00:42:31,475 --> 00:42:33,342
during the deliberations.
533
00:42:34,108 --> 00:42:36,976
I gotta tell you. I mean,
if I'm gonna be perfectly candid,
534
00:42:37,043 --> 00:42:40,043
there's a big part of me
that really hopes Steven Avery
535
00:42:40,108 --> 00:42:41,876
is guilty of this crime.
536
00:42:41,943 --> 00:42:47,175
Because the thought of him
being innocent of this crime, um,
537
00:42:47,242 --> 00:42:49,776
and sitting in prison again...
538
00:42:51,075 --> 00:42:53,609
for something he didn't do,
and now for the rest of his life
539
00:42:53,676 --> 00:42:58,642
without a prayer of parole, um...
I can't take that.
540
00:43:00,242 --> 00:43:04,375
And Brendan Dassey, um...
541
00:43:04,442 --> 00:43:07,809
they had a demonstrably untrue confession
542
00:43:07,876 --> 00:43:12,409
from a seriously compromised kid.
543
00:43:13,676 --> 00:43:15,776
Um...
544
00:43:18,742 --> 00:43:20,609
Scares the hell outta me.
545
00:43:38,943 --> 00:43:44,475
I don't know what the other jurors
are feeling, but... you know...
546
00:43:45,442 --> 00:43:48,275
I know what I'm feeling is hard.
547
00:43:48,342 --> 00:43:50,442
It is difficult for me.
548
00:43:50,509 --> 00:43:55,542
Even though I didn't make
the final decision on the verdict
549
00:43:55,609 --> 00:43:59,509
because I wasn't there,
it's still difficult for me.
550
00:44:03,909 --> 00:44:06,442
I constantly think about the trial.
551
00:44:08,943 --> 00:44:11,242
You know, I feel bad that...
552
00:44:11,309 --> 00:44:15,108
I mean, I feel terrible that, you know...
553
00:44:16,576 --> 00:44:21,108
Teresa is gone, you know,
a life was taken.
554
00:44:21,943 --> 00:44:24,909
But I also on the other hand
feel bad because...
555
00:44:27,309 --> 00:44:31,442
Steve and Brendan's life
was taken from them, basically.
556
00:44:36,108 --> 00:44:39,242
People tell me to just forget about it.
It's over with.
557
00:44:39,309 --> 00:44:42,275
But in my mind
it's not over with because...
558
00:44:45,676 --> 00:44:48,609
I don't know, I think that...
559
00:44:50,542 --> 00:44:55,676
deep in my heart, with all the evidence
and all the things I know, that, um...
560
00:44:56,876 --> 00:45:00,475
whoever did this to Teresa
is still out there.
561
00:45:25,309 --> 00:45:28,642
[Dolores] I always think
about Steven's feelings, how he's hurt.
562
00:45:35,242 --> 00:45:37,275
But I'm out in the open.
563
00:45:37,342 --> 00:45:41,075
It's a little easier to go through that
than when you're in a cage.
564
00:45:42,709 --> 00:45:44,542
That's all he's got to think about.
565
00:45:49,709 --> 00:45:51,409
I'm sticking by Steven.
566
00:45:53,275 --> 00:45:55,075
And I'm sticking by Brendan.
567
00:45:59,342 --> 00:46:03,208
I picked this house out for Steven
when he gets out.
568
00:46:03,275 --> 00:46:05,175
So he's got somewhere to live.
569
00:46:06,375 --> 00:46:09,676
Looks like a pretty nice house.
It's got fruit trees in there.
570
00:46:09,742 --> 00:46:12,576
[laughs]
571
00:46:14,776 --> 00:46:17,742
Half of his life is gone
when he spent half of it in the...
572
00:46:17,809 --> 00:46:20,809
in the prisons for something
he don't even do.
573
00:46:38,108 --> 00:46:39,776
[Steven on phone]
<i>I asked for all the files.</i>
574
00:46:40,776 --> 00:46:42,776
<i>I'm trying to fight for a new trial.</i>
575
00:46:42,842 --> 00:46:48,208
<i>But this time, I'm doing it
because this is my life, my freedom.</i>
576
00:46:49,409 --> 00:46:54,609
<i>Now I'm trying to look up cases
and the law in the law library.</i>
577
00:46:55,609 --> 00:46:59,576
He has to go in
without a real good education,
578
00:46:59,642 --> 00:47:04,375
go into a law library and try
to go through all the books he can
579
00:47:04,442 --> 00:47:08,409
to find any examples
of what he might use in his case.
580
00:47:08,475 --> 00:47:12,909
These are all of the transcripts
and case files of Steven's.
581
00:47:12,976 --> 00:47:14,309
Twenty-four boxes-full.
582
00:47:14,375 --> 00:47:19,642
Steve's mom brought them from the prison
and he got copies of everything
583
00:47:19,709 --> 00:47:22,009
to go through his case bit by bit.
584
00:47:22,075 --> 00:47:24,809
[Steven on phone]<i> I had, you know,</i>
<i>a couple of boxes in my cell,</i>
585
00:47:24,876 --> 00:47:28,142
<i>then the other ones were stored
in a... in a room.</i>
586
00:47:28,208 --> 00:47:31,909
<i>So when I got done with some boxes,
then I could put 'em back</i>
587
00:47:31,976 --> 00:47:33,842
<i>and get some more boxes.</i>
588
00:47:35,309 --> 00:47:38,475
<i>That's why it's so hard to work
on a big case like this.</i>
589
00:47:38,542 --> 00:47:41,142
<i>You can't have it all when you need it.</i>
590
00:47:42,542 --> 00:47:46,342
<i>Sometimes in the middle of the night I'd
think of something and I had to go search.</i>
591
00:47:49,842 --> 00:47:54,943
<i>Sometimes you go... you want to say, nuts.</i>
[laughs]
592
00:47:56,442 --> 00:47:58,709
<i>But something just bugs you
and you gotta do it.</i>
593
00:47:58,776 --> 00:48:00,309
<i>You gotta get up and do it.</i>
594
00:48:03,909 --> 00:48:09,043
<i>I wrote the Innocence Project... if the
Innocence Project would help me again.</i>
595
00:48:09,776 --> 00:48:11,909
<i>I wrote 'em a few times...</i>
596
00:48:14,175 --> 00:48:16,475
<i>but they won't take my case.</i>
597
00:48:18,609 --> 00:48:20,108
<i>Then there's that blood,</i>
598
00:48:20,175 --> 00:48:22,809
<i>if I could prove
that it came from the courthouse.</i>
599
00:48:22,876 --> 00:48:25,842
<i>I wrote to get a good lab to do it.</i>
600
00:48:31,776 --> 00:48:35,576
<i>I filed my 974.06.</i>
601
00:48:37,142 --> 00:48:41,342
<i>Now I'm trying to get the judge
to give me a lawyer...</i>
602
00:48:42,409 --> 00:48:44,175
<i>so I don't screw up.</i>
603
00:48:45,475 --> 00:48:48,442
<i>I'm still learning,
so I don't know everything.</i>
604
00:48:50,043 --> 00:48:53,509
I gotta give him a lot of credit
for what he's doing
605
00:48:53,576 --> 00:48:57,275
and hope and pray that it works out.
606
00:48:57,976 --> 00:49:00,742
[Steven on phone]<i> You might</i>
<i>as well figure I'm doing it all.</i>
607
00:49:33,842 --> 00:49:36,208
Kohlrabi. Huh?
608
00:49:36,275 --> 00:49:38,208
Them are good raw.
609
00:49:38,275 --> 00:49:41,275
Slice 'em thin, put a little salt on.
610
00:49:45,475 --> 00:49:49,075
Radishes. Onions. Lettuce.
There's lettuce over here.
611
00:49:49,142 --> 00:49:50,642
I know you like lettuce.
612
00:50:02,576 --> 00:50:04,175
Bugs and all.
613
00:50:05,742 --> 00:50:09,909
Tomatoes. Peppers. Carrots.
614
00:50:11,043 --> 00:50:13,509
Asparagus. Cucumber.
615
00:50:15,275 --> 00:50:16,475
Cabbage.
616
00:50:31,475 --> 00:50:35,375
[Steven on phone]
<i>My dream right now is get out...</i>
617
00:50:36,475 --> 00:50:40,409
<i>buy me a lot of land
and live up in the woods.</i>
618
00:50:41,642 --> 00:50:43,976
<i>Make me a big pond so I can fish.</i>
619
00:50:49,075 --> 00:50:52,676
<i>Do my garden, and have my animals.</i>
620
00:50:52,742 --> 00:50:56,309
<i>So I don't have to go into town
and buy food.</i>
621
00:50:56,375 --> 00:50:58,009
<i>I'll have it all right there.</i>
622
00:50:59,576 --> 00:51:02,576
<i>I guess Sandy wants to get married
so I'll get married.</i>
623
00:51:07,842 --> 00:51:10,375
<i>And I'll have my wife,
and then my ma and my dad.</i>
624
00:51:11,375 --> 00:51:13,043
<i>I'm gonna take care of them.</i>
625
00:51:15,809 --> 00:51:17,809
<i>I really don't need nothing else.</i>
626
00:51:35,475 --> 00:51:36,943
[news theme music plays]
627
00:51:37,009 --> 00:51:39,142
Today a decision from
the State Supreme Court
628
00:51:39,208 --> 00:51:41,976
on one of Wisconsin's notorious murders.
629
00:51:42,043 --> 00:51:45,642
Yeah, it won't hear a Manitowoc man's
arguments for a new trial.
630
00:51:45,709 --> 00:51:48,242
Brendan Dassey was sentenced
to life in prison
631
00:51:48,309 --> 00:51:51,342
for the 2005 slaying of Teresa Halbach.
632
00:51:51,409 --> 00:51:55,976
The killing drew extraordinary attention
because Dassey's uncle, Steven Avery,
633
00:51:56,043 --> 00:52:00,442
also was convicted in the crime.
The Supreme Court won't hear the case
634
00:52:00,509 --> 00:52:03,475
after the appeals court
upheld the verdict.
635
00:52:08,676 --> 00:52:11,175
[Dvorak] It's the function
of post-conviction courts
636
00:52:11,242 --> 00:52:13,043
and appellate courts
637
00:52:13,108 --> 00:52:17,309
to make sure that the system works
the way it's supposed to.
638
00:52:20,342 --> 00:52:22,909
That where failures start to happen...
639
00:52:23,742 --> 00:52:25,342
that they do something about it.
640
00:52:28,642 --> 00:52:33,943
I've always believed it would be very
difficult for Brendan to get relief
641
00:52:34,009 --> 00:52:36,842
in the Wisconsin State Court system.
642
00:52:36,909 --> 00:52:40,842
This case was just too much of a heater.
643
00:52:42,542 --> 00:52:46,876
So we recently filed
a federal habeas petition
644
00:52:46,943 --> 00:52:50,542
to try to get his conviction vacated.
645
00:52:50,609 --> 00:52:55,676
Everybody has the right under
the US Constitution to a loyal attorney.
646
00:52:55,742 --> 00:52:58,108
Everybody has a right
under the US Constitution
647
00:52:58,175 --> 00:53:00,909
to not have a coerced confession
used against you.
648
00:53:04,009 --> 00:53:06,642
Because these are rights
under the federal constitution,
649
00:53:06,709 --> 00:53:09,275
we're asking for federal review
of these claims.
650
00:53:11,576 --> 00:53:16,509
[Drizin] We are hopeful that we'll have
a better shot in a federal court.
651
00:53:16,576 --> 00:53:18,409
The fight goes on.
652
00:53:33,876 --> 00:53:38,576
[Brendan] "Dear people in the world,
my name is Brendan Dassey.
653
00:53:38,642 --> 00:53:41,175
I am writing to let you know
that I am innocent
654
00:53:41,242 --> 00:53:43,976
of the rape and murder of Teresa Halbach.
655
00:53:45,409 --> 00:53:50,142
I was interrogated by the police
when I was 16 years old.
656
00:53:50,208 --> 00:53:55,309
The investigators kept telling me
over and over they knew I was involved.
657
00:53:55,375 --> 00:53:59,609
They also told me
if I just said I was involved,
658
00:53:59,676 --> 00:54:03,142
they would help me
and that I wouldn't get in trouble.
659
00:54:03,909 --> 00:54:05,375
I trusted them.
660
00:54:06,976 --> 00:54:11,442
I told them a lot of things
that weren't true that day.
661
00:54:11,509 --> 00:54:14,842
I thought I would
go back to school afterwards.
662
00:54:14,909 --> 00:54:16,742
But they arrested me.
663
00:54:17,576 --> 00:54:20,108
I haven't been free since that day.
664
00:54:22,009 --> 00:54:27,876
I've missed out on high school, graduation
and a chance to get a girlfriend or a job.
665
00:54:28,676 --> 00:54:32,409
My brothers have gotten married
and had children.
666
00:54:32,475 --> 00:54:36,075
I wish I could have a family someday, too.
667
00:54:39,108 --> 00:54:43,275
I am innocent of the rape and murder
of Teresa Halbach.
668
00:54:43,342 --> 00:54:45,043
Please help me if you can.
669
00:54:46,242 --> 00:54:48,309
Sincerely, Brendan Dassey."
670
00:54:56,043 --> 00:55:00,709
[Sandy] Steven didn't call on Wednesday
night when he was supposed to.
671
00:55:00,776 --> 00:55:03,742
And then on Thursday
I heard the operator say,
672
00:55:03,809 --> 00:55:07,242
"A call from Waupun
Correctional Institution."
673
00:55:07,309 --> 00:55:10,509
And my thought was,
"I don't know anyone in Waupun.
674
00:55:10,576 --> 00:55:13,309
Who's calling me from Waupun Prison?"
675
00:55:13,375 --> 00:55:16,876
And then it clicked just like that,
that they moved him. [laughs]
676
00:55:21,809 --> 00:55:25,442
He wanted us to wait,
his mother and father and myself,
677
00:55:25,509 --> 00:55:28,175
wait a couple weeks
before we came and visited
678
00:55:28,242 --> 00:55:31,676
because he wanted to get acclimated
a little bit to the institution
679
00:55:31,742 --> 00:55:34,509
and know what the schedule was
and stuff like that.
680
00:55:34,576 --> 00:55:38,043
And so we have waited and now it's time.
[chuckles]
681
00:55:39,509 --> 00:55:43,842
This will be the first contact visit
that I have ever had with him.
682
00:55:44,742 --> 00:55:47,375
Ever since I've known him, seven years,
683
00:55:47,442 --> 00:55:51,842
I have never been able to touch him...
684
00:55:52,776 --> 00:55:54,776
hug him, hold his hand.
685
00:55:55,776 --> 00:56:00,375
It's just exciting to know that his
parents will be able to hug their son.
686
00:56:00,442 --> 00:56:02,242
The fact that he's actually at the table
687
00:56:02,309 --> 00:56:04,943
and can talk with us
instead of behind glass...
688
00:56:08,542 --> 00:56:12,943
Dry mouth. I think I'm nervous. [laughs]
689
00:56:13,009 --> 00:56:17,108
Little bit anxious.
This... ahh... feelings.
690
00:56:26,242 --> 00:56:29,375
OK. In... Oh, no, I see it already.
691
00:56:30,509 --> 00:56:32,809
That didn't take even 45 minutes.
692
00:56:35,909 --> 00:56:37,776
So where do we park?
693
00:56:42,275 --> 00:56:45,642
- What a goddamn place.
- [Dolores] Yeah.
694
00:56:46,676 --> 00:56:49,776
- This is terrible.
- OK, turn this way and turn around.
695
00:56:49,842 --> 00:56:52,876
I can't turn down here, can I? No.
696
00:56:52,943 --> 00:56:55,509
We did it before! [laughs]
697
00:56:55,576 --> 00:56:58,742
- Well, I ain't gonna do it again.
- [laughing] Why not?
698
00:57:00,208 --> 00:57:02,075
OK, now you can park there.
699
00:57:08,409 --> 00:57:10,009
That's close enough.
700
00:57:11,642 --> 00:57:14,009
What have you got in here,
the kitchen sink?
701
00:57:14,075 --> 00:57:15,208
Something like that.
702
00:57:19,909 --> 00:57:21,742
Take your driver's license.
703
00:57:21,809 --> 00:57:25,742
Wait a minute. I got the wrong card.
I had my Sears card.
704
00:57:25,809 --> 00:57:27,275
That wouldn't have worked too good,
would it?
705
00:57:27,342 --> 00:57:29,842
[Sandy] No, that wouldn't work.
I don't think that would work.
706
00:57:54,509 --> 00:57:56,809
[Sandy] When we left now,
I just hung onto him.
707
00:57:56,876 --> 00:57:59,208
And I just... It was so good.
708
00:57:59,275 --> 00:58:00,976
Just to be able to do that.
709
00:58:02,108 --> 00:58:05,742
We asked him about a job here.
You know, this is a working prison.
710
00:58:05,809 --> 00:58:09,108
His response was,
"I've got too many things to do."
711
00:58:09,175 --> 00:58:13,442
He's gotta spend all his time in
the law library and working on his case.
712
00:58:13,509 --> 00:58:19,208
He just can't let it go until
something big happens, something is done.
713
00:58:31,475 --> 00:58:37,442
I hope the day comes where he's freed,
his name is finally cleared
714
00:58:37,509 --> 00:58:39,442
and his parents are still there.
715
00:58:39,509 --> 00:58:44,275
You know, it's so important to his mom
and dad that he gets out before they go.
716
00:58:51,475 --> 00:58:54,776
[Henak] Until it happens
to you or to your son or daughter
717
00:58:54,842 --> 00:58:56,009
or someone else that you love,
718
00:58:56,075 --> 00:59:00,676
it's easy to ignore all of the...
the problems in the system.
719
00:59:00,742 --> 00:59:04,142
But I can guarantee you that
once it happens to somebody you love
720
00:59:04,208 --> 00:59:07,976
or to yourself, uh, it'll be very clear.
721
00:59:15,375 --> 00:59:18,709
Everybody seems still...
722
00:59:18,776 --> 00:59:25,375
to be playing this the normal,
conventional, conservative way,
723
00:59:25,442 --> 00:59:29,809
uh, which is that if the system
has the right lawyers
724
00:59:29,876 --> 00:59:32,509
and if the lawyers do the right job,
725
00:59:32,576 --> 00:59:36,776
then justice will be obtained
for Steven Avery. And...
726
00:59:37,375 --> 00:59:42,509
I mean, at what point do people
start questioning that whole framework?
727
00:59:44,576 --> 00:59:49,275
[Buting] I would hope that the people
who watched the trial
728
00:59:49,342 --> 00:59:56,075
and saw really what kind of evidence
the State did and didn't have,
729
00:59:56,142 --> 01:00:01,409
I would hope that those people
don't give up on Steven Avery. Um...
730
01:00:02,342 --> 01:00:06,576
Because this may take a while
to right this wrong.
731
01:00:06,642 --> 01:00:10,142
It took 18 years the last time.
732
01:00:10,208 --> 01:00:12,776
I certainly hope it doesn't take
another 18 years.
733
01:00:41,208 --> 01:00:45,375
[Steven on phone]<i> They think I'll stop</i>
<i>working on it and it'll be forgotten.</i>
734
01:00:47,709 --> 01:00:49,075
<i>That's what they think.</i>
735
01:00:51,976 --> 01:00:55,475
<i>But I want the truth. I want my life.</i>
736
01:00:56,475 --> 01:00:58,375
<i>But they keep on taking it.</i>
737
01:01:03,075 --> 01:01:04,842
<i>So I'm gonna keep on working.</i>
738
01:01:06,809 --> 01:01:08,909
<i>Even if it's wrong.</i> [laughs]
739
01:01:10,809 --> 01:01:12,342
<i>I ain't gonna give up.</i>
740
01:01:14,909 --> 01:01:18,842
<i>When you know you're innocent,
you will keep on going.</i>
741
01:01:20,676 --> 01:01:24,976
<i>The truth always comes out...
sooner or later.</i>
742
01:01:30,709 --> 01:01:33,709
[theme music plays]
743
01:01:33,743 --> 01:01:38,743
Sync and corrections by explosiveskull
www.addic7ed.com