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[water dripping]

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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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- Yeah...
- And Brendan himself.

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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?

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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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OK. So Brendan is asserting his innocence.
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- Yes.
- When he talks to you.

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Imagine if you were in Brendan's position,

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a 16-year-old charged
with one of the most serious crimes

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you could possibly be charged with.

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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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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.

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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.

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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.

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At some point, you went out
and started to gather evidence, right?

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- Yes.
- OK.

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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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- Yes, it is.
- April 27th?

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- That's correct.
- All right.

231
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

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