Transcripts For WESH Dateline NBC 20160130 : vimarsana.com

WESH Dateline NBC January 30, 2016

A horrible injustice. Magnitude of the miscarriage of justice. Now hes in prison again for the haunting murder of a young photographer. Did he do it . Tonight, inside the debate datelines followed for a decade. Is the evidence what it seems . Your theory is that the key was planted. Yes. By the police by someone. Nothing about this case suggests that anything of the evidence was planted. Do you think you have new evidence that could free steven air . We do. Rare and revealing interviews. Here from both sides. Now that hes aware that theres new testing, hes thrilled. A savvy, experienced criminal. Steven averys guilty. Im lester holt, and this is dateline. Heres andrea canning. Reporter its this years first bingewatching phenomenon, true crime documentary on netflix. I dont think anybody really thought that it would have this kind of impact. Reporter the 10part series, dense with details, has inspired online sleuths, white house petitions, and its share of controversy. Steven averys guilty and deserves to be right where he is. There is a murderer out there. And hes not that murderer. Reporter it all follows the case of steven avery and his long journey through the criminal justice system. A journey which began more than 30 years ago in manitowoc, wisconsin. Making a murderer has thrust the steven avery case back into the news, putting this small wisconsin town into the center of a media firestorm. But dateline was here 10 years ago, reporting on this story. Now were back, looking at all the stunning twists to the case along with facts, evidence and interviews not included in the documentary. Weve been on the ground, knocking on doors, poring talking to key players in the case. Life is strange sometimes. In this case, its really strange. Reporter the story begins with the woman who was the victim of a crime that set the whole avery story in motion. I remember thinking this is gonna be my last breath. Reporter her name is penny beerntsen, and though she was not interviewed for the netflix series, she sat down with us in 2005 for this rare tv interview. For penny, life in manitowoc was sweet, literally. Her family owned a popular candy store that has been a local fixture for generations. But on july 29th 1985, that serenity was destroyed. If i had an opportunity to take back one day, i wouldnt have to think twice about what the beach with her husband and one of her two children. Her family to go for a jog along the shore. Thats when she noticed a man acting suspiciously. He ran out from behind the bush and was headed towards me, and i immediately knew what he wanted. Reporter she says she panicked and headed for the water, but he caught up with her. I said, ive got two young children, please let me go. Anything i thought he needed to hear and maybe if he heard it he would let me go. Reporter she says he began beating her and demanding sex. And then, eventually, he strangled me until i believe i lost consciousness. Reporter she woke up, and with help from beachgoers, made her way back to her husband and to the hospital. There a Manitowoc County sheriffs deputy asked her to describe her attacker. I remember saying he had a beard and moustache. Reporter penny provided a description and this sketch was she says the sheriff then asked her to look through nine photos assailant. I looked carefully at each photo and i selected Steven Averys photo. Reporter steven avery, then 23, had a passion for cars, and worked at his familys large auto salvage yard. He had a growing family with a wife and five young children. He had brandnew baby boys, his twin boys. Reporter kim ducat is stevens cousin. Kim remembers when authorities came to arrest him, just hours after penny picked out that photo. What did you think, when you heard that . That that is an extremely serious accusation. Right from the start, i thought, oh, my god. They have the wrong guy. Theres no way. Stevie dont do them things. Reporter but penny told us that back then, she felt certain. I think my confidence that i had selected the right person was boosted when i was told that the person they arrested was the suspect that they had in mind. Reporter penny also viewed a live lineup several days later steven avery had all the wrong things going for him. Reporter Michael Griesbach is an author and assistant District Attorney in Manitowoc County. Who was the steven avery that the police knew back in the day . Steven avery was known for quite a while to the police and to the whole community. Reporter and was racking up a criminal record. What did he do . He poured gasoline on a cat and threw the cat in the fire. Pretty, you know, telling things about what was going on in his mind, violent stuff. He also had rammed his pickup truck into the vehicle of a woman who was driving by. And he held her at gunpoint. Reporter avery had been convicted of burglary as well. In pennys case, avery was charged with attempted murder, false imprisonment and sexual assault. I was just absolutely devastated, when that happened. Its like, theres no way stevie did somethin like that. Guilty, insisting he was nowhere near the beach that day. He went on trial in december of 1985. He produces 16 alibi witnesses who confirm that he was in green bay 75 minutes after the assault occurred. Right. So it was a very good alibi as these things go. Reporter but penny testified, and her unwavering identification of avery made a powerful case for the state. Then it was the jurys turn. It seemed like it took forever for the verdict to be read and, when it was read, having this huge sense of relief that steven avery had been convicted for assaulting me, and that a dangerous man was off the streets. Reporter a judge sentenced avery to 32 years in prison. And, steve was turned down on every appeal. A sense that maybe i can start to put this behind me. Reporter but that was not to be. She had no idea what lay ahead for her and for avery. When we come back i said to him, whats this about another suspect . Reporter doubts creep into the case. Is the evidence about to point to someone else . The dna came back to not steven avery, but to a known sex offender. I remember thinking, oh, my god, maybe the wrong persons in custody. Whether youre out on the town. Or in for the night. At t helps keep everyone connected. Right now at at t, buy the Samsung Galaxy s6 and get one free. Buy one get one free. No matter how you hang out, share every minute of it. Right now at at t, buy the Samsung Galaxy s6 and get one free. Indulgence. Well, actually it does. But its just 9. 99 new hot shot whisky chicken applebees grill bar favorites made a little better for you. Featuring new dishes loaded with flavor, and all under 650 calories. Brandon thinks hellmanns is heaven in a jar. 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New this valentine s day at convicted of brutally attacking beach in 1985. He was sentenced to prison for 32 years. But avery kept appealing his conviction. Thats because the City Police Department had another man on their radar back in 1985. A man by the name of gregory allen, who the manitowoc City Police Department, as opposed to the Sheriffs Department, had under surveillance for a series of horrible crimes entries into homes, assaults of young women in the home late at night. Reporter a city detective told the Sheriffs Department they should look at allen, because he also fit the allens photo was never shown to penny. He should have been, right off the bat, a suspect. And his picture, um, should have been included in the original photo array. Thats one of the things that bothers penny to this day. Reporter and in her interview with dateline back in 2005, penny herself revealed something startling penny told us she got a call from someone in the manitowoc City Police Department, not long after the Sheriffs Department had already put avery behind bars. He identified himself, and said, we have another suspect in mind who is not steven avery, but who looks a great deal like steve. And wed like to ask you some questions. Reporter penny says the Manitowoc Police detective never named the suspect, and the call really rattled her. I remember hanging up the phone thinking, oh my god, maybe the wrong persons in custody. Reporter penny said she called the sheriff. This about another suspect . And he said, the manitowoc Police Department doesnt have jurisdiction. We will look into this. Dont talk to them, it will only confuse you. Reporter steven avery sat in prison for the next 16 years. Then in 2001 he got the wisconsin Innocence Project to take on his case. The attorneys there were able to get two hairs found on penny after her attack tested for dna. In september 2003, the results were in. One thing happened after the other reporter griesbach, who was working in the d. A. s office back then, remembers that moment well. I received a telephone call along with another prosecutor in state crime lab. Reporter he recalls the crime lab employee asking him and his colleague if they were sitting down. Because she had some news that might be shocking. Steven avery, but to a fellow who was a known sex offender still serving time in prison for years after the assault of penny beerntsen. Reporter pennys husband and a friend broke the news to her. Identified the wrong person fact that neither one had any color in their face. Reporter turned out the dna belonged to none other than gregory allen. The man the Manitowoc Police told the Sheriffs Office they should have been looking at in the first place. That day was much more difficult than the day of the assault for me. I just couldnt grasp the magnitude of being, you know, an unwitting participant in this huge miscarriage of justice. You raped penny beerntsen. No, i didnt. Reporter allen denied assaulting penny when dateline spoke with him in 2005, and was never charged with the crime, because the statute of limitations had passed. But a judge completely exonerated avery, and freed him after 18 years of darkness and despair he walked out into the light of the media glare oh gosh, oh, steve. Yeah, i could stay out here all day long and nobody tell me what to do. That feels good. What did you say to him . What did he say to you that day . I think i commented on his beard. cause it was so big and long. And i told him to get rid of it. And i told him i loved him. And i was glad that he was home. Reporter home to a new life, as he became the poster child in wisconsin for Wrongful Convictions, testifying at the state capitol. My family stopped calling for a while, it was hard. So then i told the old lady to leave. Reporter penny wanted to make things right with steven avery, and got her chance when the two met face to face in madison. I began by apologizing and saying how inadequate as i knew my words were. And he didnt wait for an answer. He hugged me and then i said so only he could hear, steve, im so sorry. And he said back, its okay, penny, its over. Reporter avery didnt blame penny, but he did blame the manitowoc District Attorney and sheriff, suing them for 36 million for his Wrongful Conviction. That made kim nervous. I did tell him to be careful, you know . Manitowoc wasnt done with him. Why did you think they werent done with him . Just something just told me steve avery 36 million or any kinda money, but they were just going to be watching him. Reporter and soon deputies would be watching, because when a woman went missing in manitowoc, the last person to see her alive appeared to be steven avery. Coming up, a young assignment. Her phone was last used in or Steven Averys salvage yard. Reporter steven avery, on the radar again . What will investigators find this time . This is a big moment. It is the moment. Are you powered by protein . We are. Milk has 8 grams to help give you energy to unleash your potential. Start every day with milk s protein and milk life. Ive smoked a lot and quit a lot, but ended up nowhere. Now i use this. The nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. I want this time to be my last time. If youre looking to save money on your Medicare Part d prescriptions, walgreens says, carpe med diem. Seize the day to get more out of life and Medicare Part d. Just switch to walgreens thatll be the highlight of your day. Now preview the cost of your copay before you fill. You can even get onedollar reporter it was fall, 2005. Steven avery was starting a new Manitowoc County for 36 million photographer. Shed been out taking pictures in manitowoc for auto trader magazine. After two days and no word from her, teresas family launched a search. We just want her to come home. Reporter her parents were desperate for an answer. Please we beg you. We know shes out there. We just want to find her. Reporter ken kratz was the District Attorney of Calumet County back in 2005. He worked with investigators tracking teresas cell phone activity. Did you get a immediate hit on her cell phone . We we got information that suggested her phone was last used in or around the vicinity of Steven Averys salvage yard. Reporter it was a stunning turn of events. Steven avery was back in the he quickly confirmed teresa had been at the yard on october 31st. Shed come by to take pictures of this van that his sister was selling. Teresa even left a voicemail before she stopped by. Hello this is teresa with auto trader magazine. 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 00. Reporter two things kratz noticed even though teresa had been there before to shoot photos, she didnt seem to know where she was going. I dont have your address or anything, so i cant stop by without getting a call back from you. Reporter and avery had placed two calls to her that day but blocked his caller i. D. He told investigators teresa did find her way and left around 2 30 after she took the photos. But investigators couldnt find anyone who had seen her since that visit to averys. For days, Law Enforcement followed lots of leads, but turned up nothing. Then, a big break. We are at averys salvage. Reporter volunteers searching for teresa found something, and one of them reported in to the Calumet County sheriff. We have found a rav4. It is all covered up. Its all covered up . Not all covered, but its got a lot of stuff on it, branches. Reporter it was teresas car, right there in the avery salvage yard. This is a big moment to find the car. It is the moment. It is the moment that turns this case from a missing persons investigation into a criminal investigation. Reporter crime technicians transported teresas car to their lab, where it was scoured for evidence. Male blood is is found in the vehicle. Female blood is found in the vehicle. Its gonna take a couple of days to get a dna profile. Reporter Calumet County authorities took the lead in the case because of the pending lawsuit avery had filed against Manitowoc County. Again. Do you know where shes at . Who . Teresa. Oh, no. And did have you anything to do at all with her disappearing . No, no. And the only time that shes ever been to your house is just to knock on the door. Yeah, thats it. Reporter kratz says, in another interview, avery added this detail. He also says importantly, that he never touches the car, never touches the suv at all. Reporter but the evidence seemed to tell a different story. This blood stain in particular, found on the dashboard of teresas car. The crime lab determined it was averys blood. Interestingly, avery showed deputies a cut on his finger. And detectives zeroed in on Something Else the cars hood latch, where they found averys dna. None of it looked good for avery. But, just as he had before, he insisted they had the wrong guy. All i have to say, i didnt do it. Reporter he spoke out to in a series of rarely seen interviews. Did you have anything to do with teresas disappearance . No, no. I would never do nothing like that. Reporter but investigators didnt believe him and continued to search. Assistant d. A, Mike Griesbach remembers when he heard about the next, gruesome discovery near averys trailer. Its one of those scenes you dont forget in in your mind. A police dog hit on this burn barrel, where human bones and remains were found. Reporter officers also found bones in a second location on the avery property. They were later confirmed to be teresas. At that point, we knew that this was indeed very likely where Teresa Halbach met her last day. Reporter then, after multiple searches in averys trailer, one more big clue. A manitowoc detective said he shook a small cabinet, and this key fell to the floor. And it had averys dna on it. On november 15, two weeks after teresa went missing, d. A. Kratz held a news conference. I intend to file a criminal complaint in Manitowoc County charging steven avery w

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