Transcripts For WCAU Dateline NBC 20170218 : vimarsana.com

WCAU Dateline NBC February 18, 2017

On television, a lead investigator defends his interrogation, which led to a conviction overturned. This was seen by many as a false confession. It was a real confession. We just need you to be honest with us. He knew right from wrong. Those officers wanted that information in the worst way, and they got it in the worst way. Reporter the prosecutor fights back with an explosive new book. People are going to hear the other side of the story reporter and a promise from Steven Averys highpowered new attorney. Do you think you have new evidence that can free steven avery . We do. Reporter im lester holt and this is dateline. Heres Andrea Canning with return to Manitowoc County. Reporter the mystery of what happened here in the sprawling fields of rural wisconsin has captivated the country. We the jury find the defendant steven a. Avery guilty. Reporter just over a year ago, the Netflix Series making a murderer convinced many viewers that steven avery and Brendan Dassey, both convicted of murder, had been railroaded by Law Enforcement. Free steven avery reporter its a case dateline has been following for more than a decade. Reporter tonight we bring you the latest in the efforts to free them from prison, and we pose the questions everyones been asking to two men who helped put avery and dassey behind bars. Why would steven avery do this . Thats a great question. Reporter we speak with former prosecutor ken kratz, whos written a new book which reveals his provocative theory. That steven avery made himself a murderer. Steven avery started planning this event the very first day he went to prison reporter and we talk with Tom Fassbender, a lead investigator who has come under fire for this controversial interrogation. Now hes defending himself for the first time on television. Youve really stayed silent through this fire storm. Why are you sitting here today . Finally realized that someone needed to speak out, to bring forward the truth of what happened. So, what did happen here . Reporter our story begins with the woman at the heart of this case, a 25 year old photographer from kaukauna, wisconsin named Teresa Halbach. She just loved being behind the camera. Kim peterson and teresa became fast friends in college, both were photographers working at the same studio in green bay. Kim says teresa had a special way with her subjects. She would get the smile. That was one thing, i think, that she really loved to do, was just make other people smile. Reporter the two stayed in touch after graduation as 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 25yearold photographer was on assignment for auto trader magazine when she disappeared. And my heart just kind of dropped knowing that it was someone i knew. And what do you do at that moment . I felt helpless cause you wanna just deny it. You want to try to get in touch with her. Did you try to call her . I did try to text her, but no response . No response. Reporter Wisconsin Police quickly launched a massive search, bolstered by a team of volunteers. After two days, a big break. They had found teresas vehicle on the avery salvage yard. Reporter Tom Fassbender, then a special agent with the Wisconsin Department of criminal investigation, hustled over to this 40 acre stretch of land in Manitowoc County, home to the salvage yard and auto mechanic steven avery. Had you heard his name before . Only through the media. Reporter steven avery was a big story. Hed been convicted of rape in 1985, but eighteen years later dna evidence exonerated him, and he was freed. A wrongfully convicted man welcomed back into society with open arms. And looking for justice of his own. Were you aware that he had filed a lawsuit against yes. The local Sheriffs Department . Yes, id heard that. Reporter avery hoped winning the 36 million lawsuit could help him get back on his feet. He had an opportunity to make something of his life. And it appeared that he was he was headed toward in that direction. Reporter now, two years after his release from prison, this poster boy for Wrongful Convictions was back in the news and not in a good way. I hope she comes back so she can go back to her family. Reporter when fassbender arrived on site, he learned Teresa Halbach had an appointment at the salvage yard on october 31 to take photos of this van averys sister was selling. Teresa had left a message that morning. Hello this is teresa with auto trader magazine. Im the photographer and just giving you a call to let you know that i could come out there today. Umm in the afternoon, it would probably be around 2 oclock. Reporter steven avery confirmed to investigators that teresa had been on the property that day and left around 2 30 pm. 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. Reporter and in the front, more blood. There was blood on some of the upholstery. And then a very telling swipe of blood, near the ignition switch of the vehicle. Reporter 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. And if you took that key and you put it in that ignition switch, it just lined up perfectly with a contact pattern swipe. How did he explain that cut . Im not sure if i remember that. I think he had claimed that he had cut it in the junkyard doing work on vehicles. Reporter fassbender feared the worst. And after four days of searching, his team found something disturbing in a fire pit near averys trailer. What appeared to be bone fragments. Reporter human bones. Most interesting because family members told investigators that steven avery had 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 . The looking at bone fragments. The whole picture . Absolutely. Reporter and that picture came into sharper focus when fassbenders team found another clue, teresas key, inside averys bedroom. The toyota key with a little fob connector to it. This is huge yes, its huge. Reporter especially when the crime lab later found averys dna on it. It would become a highly controversial clue in this case. The evidence was stacking up against steven avery. And fassbender says that rav 4 would later tell investigators one last thing. We had tested the the hood latch and found dna matching steven on the hood latch. Reporter fassbender believed avery had some explaining to do. So nine days after teresas disappearance, he and his partner mark wiegert brought avery in for an interview. Dateline filed a freedom of information request to obtain the video. The key is in your bedroom. You know the key is there because you put the key there. Thats the only way the key gets there. No. Yes steve. Yes. Reporter avery was defiant, and even claimed cops were framing him, planting evidence. Thats the way it is. The evidence. Cops got the evidence. Reporter fassbender and wiegert werent buying it and placed steven avery under arrest. I didnt do it. Were not mad at you okay. Somebodys doing somebodys doing a good job on me reporter investigators were convinced they had their man. 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Were focusing on fresh. So you dont have to guess. My giant. Reporter in january, 2006, steven avery pleaded not guilty to the murder of Teresa Halbach, and special prosecutor ken kratz began building his case. He chronicles it all in his new book, avery. What do you feel people know the least about in this case . The book is about the case against steven avery that is setting forth, a better representation of what the real evidence was. Reporter better, he says, than the way the evidence was presented in making a murderer for the first time kratz lays out his complete theory of the case with new details hes never shared before. For one thing, kratz tells dateline he believes steven avery had set his sights on Teresa Halbach in the weeks leading up to her murder. As we move closer towards october 31st, we see stevens behavior changing. Reporter as kratz got auto traders records he learned teresa had actually made five earlier visits to the avery salvage yard to take photos, some at Steven Averys request. He starts making calls directly to Teresa Halbach rather than going through auto trader. Reporter and kratz determined that on the day before one of those visits avery purchased these shackles and handcuffs. And when teresa arrived he answers the door that day, only wearing a small white towel. And teresa, we know, is is creeped out by that behavior. She tells friends and and coworkers about that. Reporter 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. I dont know. We know that hes a psychopath. We know that he has do we know that . Well, i i i lets say i allege that. Okay . I i believe that deep down. Reporter kratz discovered more in averys past. 18 years before teresas murder, avery wrote this letter to his estranged wife from prison saying, i will kill you. And a former fiancee told police he had physically abused her. And kratz says he learned something even more disturbing. This 2006 Police Report shows a teenage girl accused avery of raping her a year after his release from prison. It all came together for kratz. He believes avery had developed a deep resentment of women which had started with his Wrongful Conviction, and had only grown over the years. He has no remorse for his behavior, feels incredibly entitled. Reporter but as he continued to investigate the case, kratz had a problem. You still didnt know how she was killed, exactly where she was killed. Was that bothering you . Yes, but sometimes you you know, you have what you have. It was all coming together in in, bits and pieces. Reporter he and his team kept digging until they got a big lead. Why dont you just have a seat, brendan . Reporter in march, 2006, four months after teresas murder, Tom Fassbender and his partner, mark wiegert, spoke with averys 16yearold nephew, Brendan Dassey, in a series of now highly scrutinized interviews. What was your First Impression of Brendan Dassey . A shy kid, somewhat introverted. Reporter but once he opened up, the details he revealed would stun investigators. What else did he do to her . Raped her. Did he tell you that . Reporter fassbender says dassey described a brutal scene. On that halloween afternoon, his uncle asked him to come over to his trailer. Dassey said they each sexually assaulted teresa in averys bedroom, and avery later shot her in his garage, burning her body in the bonfire. Its a gamechanger. He told us stuff that that we werent really aware of like teresa was shot in in the garage and had died there. Reporter and after speaking with dassey, fassbender had his team return to the avery property once more. And they found this in his garage, a bullet fragment. And that was missed the first time around . Well i guess i could say it was missed. But youre talking about bullet fragment,. 22 bullet fragment. Looks like a piece of dirt possibly. It was tested . It was tested. Yes. Teresas dna was on that bullet, and the bullet from shot from stevens rifle or the one above his bed. Do you now believe that teresa was shot in that garage . Yes. Reporter one strange thing, though, when they searched the garage for blood, they never found a drop. How could you clean up all that blood . Oh, he did it to the best of his ability, i guess. Bleach, paint thinner, that cleans up blood. Reporter teresas friend kim says 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. Reporter ken kratz charged 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 of Teresa Halbach. Reporter but, not so fast. Dassey recanted his statements just before averys trial, the judge dismissed the rape charge against him and didnt allow any of those allegations about averys treatment of women, saying they didnt prove anything about teresas murder. And avery was never charged with assaulting his exfiance or with raping the teen. To this day, he denies all the allegations. And those handcuffs and shackles . No evidence ever linked them to teresa. Still, in the spring of 2007, juries in separate trials convicted both dassey and avery of murdering teresa. They were each sentenced to life in prison. You are probably the most dangerous man ever to enter my courtroom. Reporter it seemed like the avery saga had ended. But eight years later, making a murderer would put fassbender, kratz, and their entire team in the hot seat. Sangre . Was steven avery framed. Is it possible the blood could have been planted. A lead investigator answers allegations for the first time. Did you have any vendetta against steven avery. Absolutely not. When the dateline continues. Together, we are perfectly balanced, our senses awake, our hearts racing as one. I know this is sudden, but you know what they say if you love something. Set it free. See you around, giulia choose your favorite pasta,or piadina or sandwich. It all comes with our neverending soup or salad. And all the breadsticks you want. Starting at just 6. 99 get neverending value for lunch, today at olive garden. My hygi. A mouthwash. O try. So i tried crest. It does so much more than give me fresh breath. Crest prohealth mouthwash provides all. Of these benefits to help you get better dental checkups. Go pro with crest mouthwash. Checkup . Nailed it cmohappy birthday i survived a heart attack. Im doing all i can to keep from having another one. And im taking brilinta. For people whove been hospitalized for a heart attack. I take brilinta with a baby aspirin. No more than one hundred milligrams as it affects how well it works. Brilinta helps keep my platelets from sticking together and forming a clot. Brilinta reduced the chance of another heart attack. Or dying from one. It worked better than plavix. Dont stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. Brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. Dont take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. Tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. Talk to your doctor about brilinta. Im doing all i can. That includes brilinta. If you cant afford your medication, astra zeneca may be able to help. Reporter in december 2015, netflix released making a enforcement. Who would wanna set you up in Something Like this . The only thing i can think of is Manitowoc County with the money. So, they didnt have to pay nothing out. Did they plant evidence . Sure they did. Reporter kim ducat is averys cousin. She says she had predicted something bad might happen to him after he was exonerated in that earlier rape case. Remember he had recently filed a lawsuit against his local Sheriffs Department for his Wrongful Conviction. I did tell him manitowoc wasnt done with him. Why did you think they werent done with him . Just something just told me they werent gonna hand that steve avery 36 million or any kinda money, that they were just going to be watching him. and look what happened. Reporter avery ended up settling that lawsuit for 400 thousand dollars before his trial. The county did not acknowledge any wrongdoing. He used the money to hire his Defense Attorneys dean strang and jerry buting. We knew going in it was going to be a difficult defense. Reporter we spoke to buting early last year. We had a very tough defense in this case because nobody wants to try and use as a defense that the police deliberately tried to plant evidence or frame somebody. Thats not it go it goes against society. Its very difficult. Those those are those people are there to help us. Theyre the police. Right. But its where we thought the evidence pointed. Reporter averys attorneys believed the fact that officers from the county he was suing were part of the search made for a huge conflict of interest. And for possible mischief at the crime scene. What i can say is from the evidence ive looked at, i i think he was innocent, is innocent. Reporter preparing for trial, butin

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