Transcripts For MSNBCW Dateline 20190707 : vimarsana.com

MSNBCW Dateline July 7, 2019

Killing of a young photographer. But were they really innocent . I didnt do it. Somebodys doing a good job against me. Did you have a vendetta against steven avery . Absolutely not. For the first time on television a lead investigator defends his interrogation which led to the conviction overturned. This was seen by many as a false confession. Al. I feel it was a real confession. We need you to be honest with us. Right from wrong. Those officers wanted that information in the worst way. And they got it in the worst way. The prosecutor fights back with an explosive book. People are going to hear the other side of the story. And a promise from Steven Averys high powered new attorney. Do you think you have new evidence that can free steven avery . We do. Welcome to dateline. Its an extraordinary case that defies easy answers. At the center of it all, steven avery. He and his teenage nephew were convicted in the brutal murder of wisconsin photographer Teresa Halbach. Then allegations of Police Corruption so explosive that investigators had been forced to fight back. Two sides, one truth. Who will you believe . The mystery of what happened here in this sprawling fields of rural wisconsin has cap captivated the country. We find the defendant steven avery guilty. Reporter in 2013, the Netflix Series making a murderer convinced many that the two has been railroaded by Law Enforcement. Its a case dateline has been following for more than a decade. As the lawyers fight for them to be free from prison, we pose the questions that everyone has been asking of the two men who helped to put avery and dassery behind bars. Why would steven avery do this . Thats a good question. Reporter we asked ken katz, who has written a book that revealed his provocative theory that steven avery made himself a murderer. He started planning this event the first day he went to prison. Reporter and we talked with Tom Fassbender, a lead investigator in this case, who has come under fire for this silent interrogation. You have stayed silent through the firestorm. Why are you sitting here today . I finally realized that someone needed to speak out and tell the truth of what happened here. Reporter so, what did happen here . The story begins with the woman at the heart of this case, a 25yearold photographer from wisconsin named Teresa Halbach. She just loved being behind the camera. Kim peterson and teresa became friends in college. They both worked at the same studio in green bay and she said teresa had a special way with the subjects. She could make them smile. I think thats what she loved to do. Reporter the two stayed in touch after they launched their careers. But that would all change suddenly on october 31, 2005. Kim caught a story on the local news. Teresa was missing. Investigators say the photographer was on assignment for auto trader magazine when she disappeared. I just kind of dropped knowing it was somebody i knew. Reporter what do you do at that moment . I felt helpless. Because you want to just deny it. You want to try to get in touch with her. Did you try to call her . I tried to text her. But no response . No response. Reporter Wisconsin Police launched a massive search. Bolstered by volunteers. After two days, a big break. We have found a rav 4. They found teresas vehicle on the avery yard. Reporter Tom Fassbender from the Wisconsin Department of criminal investigation hustled over to the 40 acre stretch of land in manitowoc county. Home of steven avery. Had you heard his name before . Only through the media. Reporter steven avery was a big story. He was convicted of rape but 18 years later, dna evidence exonerated him and he was freed. A freed man welcomed back into society with open arms and looking for justice of his own. Were you aware he had filed a lawsuit against the local Sheriffs Department . Yes, i heard that. Reporter avery was hoping that winning the 36 million lawsuit would help him get back on his face. He had an opportunity to make something of his life. It appeared he was headed in that direction. Reporter now, two years after the convict then this poster boy for Wrongful Convictions was back in the news. Not for a good way. I hope they find her. Reporter when Tom Fassbender came here he learned that hall back had an appointment for october 31th. This is teresa with auto trader magazine. Just giving you a call to let you know that i can come out here today, in the afternoon. It will probably be around 2 00. Reporter steven avery confirmed to investigators that teresa had been on the property that day and left around 2 30 p. M. Avery didnt tell them much more. But for investigators, a dark tale started emerging from the physical evidence, especially when they made a gruesome discovery in the back of teresas suv. We find teresas blood in the vehicle, primarily in the cargo area of the rav4. And in the front, more blood. There was blood on some of the upholstery and a very telling swipe of blood near the ignition switch of the vehicle. Tests showed that blood was Steven Averys, taking him from person of interest to prime suspect. You believe you can explain the blood from steven avery . Well, yes, absolutely. Steven avery had a cut on his right hand, middle finger that was freshly scabbed over. If you took that key and put it in that ignition switch, it lined up perfectly with a contact pattern swipe. How did he explain that cut . Im not sure if i remember that. I think he claimed he cut in the junkyard doing work on vehicles reporter fassbender feared the worst. After four days of searching his team found something disturbing in a fire pit near averys trailer. What appeared to be bone fragments. Human bones. Most interesting because family members told investigators steven avery built a bonfire hours after teresa had been at the yard that day. It was a huge bonfire, flames going as high as you know, the edge of the roof on the garage. Was it all making sense to you . Looking at the whole picture, absolutely. And that picture came in to sharper focus when fassbenders team found another clue, teresas key in averys bedroom. The toyota key with the fob connector to it. This is huge. Reporter especially when the dna was found on it. And the evidence was stacking up against steven avery and fassbender said the rav4 would tell investigators one last thing. We had tested the hood latch and found dna matching steven on the hood latch. Reporter fassbender believed avery had some explaining to do nine days after the disappearance, he and his partner brought avery in for an interview. Dateline filed a freedom of information request to obtain the video. You know the key is there because you put the key there. Thats the only way the key gets there. No. Yes, steve, yes. Avery was defiant and even claimed cops were framing him, planting evidence. The cops have evidence. Fassbender and wiegert werent buying it and placed him under arrest. I didnt do it. Somebodys doing a good job on me. Investigators were convinced they had their man. Still, they didnt know how or why teresa had been killed. Coming up shackles, handcuffs, strange behavior. Teresas creeped out. Could something in his past have led him to murder . When dateline continues. Nexgard chew comes the confidence, youre doing whats right, to protect your dog from fleas and ticks for a full month. Its the 1 vet recommended protection. And its safe for puppies. 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Your sensitivity,o sensodyne rapid relief is a game changer. Its going to let the dentist offer their patient sensitivity relief in 3 days. Say over the course of a weekend youre going to start feeling significant results. In january 2006, steven avery pleaded not guilty of the murder of Teresa Halbach. And special counsel ken kratz began kronling his chase. He chronicled it in avery. What do you feel people know the least about in this case . The book is about steven avery that is setting forth a better representation of what the real evidence was. Better, he says, than the way the evidence was presented in making a murderer. In his back book kratz laid out new details that hes never shared before. For one thing, kratz told dateline he believes steven avery had set his sights on Teresa Halbach in the weeks leading up to her murder. As we move closer to october 31st, we see stevens behavior changing. As kratz got auto traders records, he learned teresa had actually made five earlier visits to the avery salvage yard to make photos. Some at Steven Averys request. He starts making calls directly to Teresa Halbach rather than going through auto trader. And kratz determined on the day before one of these visits, avery purchased these shackles and handcuffs. When teresa arrived he answers the door wearing a small white towel. And teresa, we know is creeped out by that behavior. She tells friends and coworkers about that. Kratz believes averys behavior shows signs of a sexual obsession with teresa that led to murder. Why would steven avery do this when he was on the verge of getting this big windfall, potentially millions of dollars . Thats a great question. You know, i dont know. We know hes a psychopath. We know that he has do we know that . Well, i lets say, i allege that. Okay . I believe that, deep down. Kratz more in averys past he wrote this letter from his s estranged wife in prison i will kill you and told police he physically abused her and kratz discovered even more he raped this girl after his release from prison. It all came together for kratz he believed avery had developed a deep resentment for women had started with his Wrongful Conviction and had only grown over the years he has most remorse for his but kratz had a problem. You still didnt know how she was killed or where she was killed. Was thater bothering you . Sometimes you have what you have. It was all coming together in bits and pieces. He and his team kept digging until they got a big lead. Have a seat. Reporter in march 2006 four months20 after teresas murder, tom and his partner mark spoke withs averys 16yearold neph brendan in a series of now highly scrutinized interviews. What was your First Impression of brendan . He is shy kid. Somewhat introverted. Reporter once he opened up, the detailspe he revealed would stun investigators. What else did he do to her . Raped her. Did he tell you that . Ou fastbender says dassey described a brutal scene. On that holiday afternoon his uncle asked him to come over to his trailer and he said they each sexually assaulted her and then burningsa her body in a bonfire. A gamechanger. He told us stuff that we werent aware oft that teresa was shotn the garage and died there. Reporter after speaking witd dassey, r fastbender had his te return to the avery property once more and they found this in his garage. A bullet fragment. That was missed the first time around . It guess you could say it w missed but youre talking about a bullet frame, a 22 bullet frame and looks like a piece of dirt possible. Reporter it was tested . Yes. Teresas dna was on that bullet and the bullet was shot from stevens rifle the one above his head. Reporter do you believe that teresa was shot in that garage . Yes. Reporter one strange thing. When s they searched the garage forch blood they never found a drop. How could you clean up all of that blood . They did to the best of his ability, i b guess. Bleach. Paint thinner that cleans up blood. Reporter teresas friend kim said when she heard the details about teresas final moments, she was heartbroken. I remember crying and just hoping she was who she was and fought because she was a very strong person. Kratz charged n Brendan Dassey as a coconspirator in her murder. I intend to hold each of these defendants accountable for the rape, the torture, and the murder ofrt teresa hal bach. Reporter not so fast. Dassey recannkanted hess statem and the judge dismissed and didnt allow anyis of averys treatment of women and said they dont prove anything about theresashi murder and avery wa never charged with assaulting his exfiancee or raping the teen. To this day he denies all of those allegations. Those hand shackles and handcuffs never linked them to teresas murder. But juries in separate trials convicted each and each sentenced to life in prison. You are probably the most dangerous one to set foot in there courtroom. Reporter eight years later, making a murder would put fastbenden arnd kratz and their entire team in the hot seat. Coming up. Did they plant evidence . Sure they did. Reporter was steven avery framed . Is it possible that blood could have been planted . When date line continues. Pla . When date line continues. You only talk about your insurancet, when you complain about it. garbled . Its so painful. Good point thats why esurance is making the whole experience surprisingly painless. So, you never have to talk about it. Unless youre their spokesperson. Esurance. Its surprisingly painless. In december 2015, netflix released making a murderer. And it ignited a bond fire of controversy over the convictions of steven avery and Brendan Dassey. Now many viewers believed the claims avery had been making all along that he was framed by Law Enforcement. Who would want to set you up in Something Like this . Only thing i can think of is the county didnt want to pay nothing out. Did they plant evidence . Sure, they did. Kim is averys cousin and said she predicted something bad might happen to him after he was exonerated. Something told me they wouldnt end the any kind of money and just watching him and look what happened. Avery ended up settling that lawsuit for 400,000 before his trial. The county did not acknowledge any wrongdoing. He used the money to hire his defense attorneys. We knew going in, it was going to be a difficult defense. We spoke to butting early in 2016. We had a tough defense in this case because nobody wants to try and use a defense that the police deliberately tried to plant evidence or frame somebody. It goes against society. It does. These people are there to help us. They are the police. Right. But its where we thought the evidence pointed. Reporter averys attorneys thought the search made for a huge conflict of interest and for a possible mischief at the crime scene. What i can say is from the evidence ive looked at, i think he was innocent, is innocent. Reporter preparing for trial, butting learned about a vial of averys blood left over from his overturned rape conviction which had been sitting in the county clerks office. Found there is still a styrofoam box that had been split open with evidence taped. Reporter that was the big ahha moment . It was. Reporter and for many it was the moment in making a murderer. A little tiny hole. The attorneys theorized that somebody poked a hole inside that vial and put his blood at the cream scene. Your theory is the key was planted in the residence . That is where we thought the evidence was pointed. Reporter by police . By someone. It was not found in six or seven earlier entries to a trail and it didnt add. Reporter the colead investigator worked along the local county sheriffs deputies. This was the first time he responded publicly to the accusations against him and his former Law Enforcement colleagues. Did you have any kind of v vendetta against steven avery or his family . Absolutely not. I never knew his family and never been there. Reporter fastbender bristles at the idea the local investigators could have done anything unethical. People that were there, that i work with from the county were hard working. They only wanted to do the right thing and to do this investigation the right way. Reporter is it possible that that blood could have been planted . No. Everything all of the evidence says no. Reporter fastbender notes that a chemical called edta had been used to preserve averys blood in the vial and at trial tests showed no presence of edta in averys blood found in the suv. Didnt match the edtk or the blood in the vehicle. Reporter fastbenders argument . Since the blood found in the vehicle didnt contain the chemical it couldnt have come from the vial and he notes a nurse was prepared to testify she had made that hole in the vial as part of her usual routine when she drew blood from avery. So the fact there is a little hole in the top of the vial is normal. Reporter and regarding teresas car key not found until the seventh search of averys trailer . Why was that key missed during those other searches . Well, primary because where the key was located in a small bookcase that was if it was searche

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