If you recall Chip and Cern were sucked in to the Netflix hit documentary Making a Murderer. If you missed those episodes check out the Chip and Cern Show Making a Murderer intro, recap and follow up. Ken Kratz the lead prosecutor for the case is out with a new book that is filling in the details, evidence and facts that the Netflix “docudrama” left out. Chip and Cern hear all the facts and then make their own judgements on the guilt or innocence of Steven Avery and Brendan Dassi.
Kratz new book titled, Avery: The Case Against Steven Avery and What "Making a Murderer" Gets Wrong, aims to clear up some of the mistruths from the Netflix documentary or “docudrama” as Kratz puts it. On the Jim and Sam Show on SiriusXM, Kratz did an interview which Chip and Cern listen to and pulled some notes from.
Chip and Cern have not done this much research on a topic in years.
Ken Kratz was clearly the villain in the Making a Murderer series and had his own demons involving sexting clients, popping pills and other sins.
The way to watch this series or even read this book is with a giant grain of salt.
Here is some evidence that Making a Murderer left out according to Ken Kratz.
There was additional DNA evidence pointing to Avery. According to prosecutor Ken Kratz, that is. Avery's DNA was found under Halbach's trunk (though earlier he said it was found under the hood). It wasn’t blood. It was from his sweaty hands. Do the cops also have a vial of his sweat that they are carrying around? The evidence conclusively shows that Steven Avery’s hand was under the hood when he insists he never touched her car, said Kratz. Teresa's belongings were found on Avery's property. Kratz said her phone and camera were found 20 feet from Avery's door. "This isn’t
contested" he said. "It was all presented as evidence at the jury trial, and the documentary people don’t tell you that." Teresa’s phone, camera and PDA were found 20 ft from Avery’s door, burned in his barrel.
Avery targeted Teresa. On Oct 31 (8:12 am) he called AutoTrader magazine and asked them to send “that same girl who was here last time.” On Oct 10, Teresa had been to the Avery property when Steve answered the door just wearing a towel. She said she would not go back because she was scared of him (obviously). Avery used a fake name and fake # (his sister’s) giving those to the AutoTrader receptionist, to trick Teresa into coming.
Bullet with Ms. Halbach’s DNA on it found in Mr. Avery’s garage was matched to a rifle that hung over Mr. Avery’s bed.
1. Leg irons and handcuffs were found in Avery's residence and in Dassey's
The criminal complaint contended that authorities "located items of restraints within Steven Avery's residence including hand cuffs and leg irons.
2. Avery and his girlfriend had a less than rosy relationship at times The Netflix documentary paints the romance of Jodi and Steven as a positive one. It may have been in some ways, but there were also some problems.
According to the Milwaukee magazine story,"In September 2004, sheriff deputies arrested
Avery for violating a disorderly conduct ordinance after an altercation with (Jodi) Stachowski. The court ordered him to stay away from the woman for 72 hours and pay a fine of $243."
3. The car key unearthed in Avery's residence had DNA from his sweat on it, the prosecutor says
The documentary makes tangential reference about perspiration but not in a way that it's
focused on or made particularly memorable. Rather, the documentary seemed to focus more
on just saying his DNA was on the Halbach car key and focusing on a theory that law
enforcement planted Avery's blood in Halbach's car (which they deny).
From the Milwaukee magazine article, "A state analyst determined blood from the car and
dried perspiration on the car key matched Steven Avery's DNA."Kratz also detailed this
contention in his opening statement in the Dassey trial, according to the transcript, saying
the crime lab analyst recovered a full DNA profile of Avery from the sweat on this key.
(update: the defense claims it was not proven that this was sweat or what is called “touch DNA").
4. Dassey's mother said Dassey helped Avery clean his garage floor
The Milwaukee Magazine article further stated that, "On February 27, Dassey's mother spoke with police investigators. Barbara Janda, 41, mentioned that her son had stained his pants while helping his uncle clean his garage floor around Halloween. "Also, according to the Department of Justice investigator's testimony in Dassey's trial, Dassey's pants had bleach stains that he said were from helping clean the garage, transcripts say.
5. Pornography was recovered in Avery's residence. The Wisconsin State Journal reported on Nov. 12, 2005 that officers recovered "pornographic material, according to the search warrants."
6. The previous animal cruelty case involved a bonfire
This animal abuse incident was mentioned in the documentary but not in great detail. According to an Associated Press story from Nov. 20, 2005, "Steven was convicted in 1981of burglary. He got five years probation, which was revoked in 1982 after he was charged with animal cruelty for pouring gasoline on a cat and throwing it into a bonfire."
7. Avery had drawn a torture chamber while in prison and was violent to other women
According to an Appleton Post Crescent article from March 9, 2006, "While he was in prison, Steven Avery planned the torture and killing of a young woman, new documents released Wednesday indicate. The allegations are included in 22 pages of court documents accompanying additional charges filed by Calumet County Dist. Atty. Ken Kratz. … Kratz also included in Wednesday's filings statements from prisoners who served time with Avery at Green Bay Correctional Institution. They said Avery talked about and showed them diagrams of a torture chamber he planned to build when he was released."
Furthermore, reported the newspaper, "The filings also include statements from a woman, now 41, who said she was raped by Avery, who told her "if she yelled or screamed there was going to be trouble" There also is an affidavit from a girl who said she was raped by Avery.
"The victim's mother indicated that the victim does not want to speak about the sexual assault between her and Steven Avery because Steven Avery told her if she "told anyone about their activities together he would kill her family,"; the filing said. According to the newspaper article, "The affidavit said Avery admitted to his fiancee that he had sexually assaulted the girl"
8. Avery once opened his door "just wearing a towel" when Halbach went to his property previously There's evidence for this one, but it was never allowed in trial. This was one of Kratz’ claims to People Magazine. According to People Magazine, "He cites Halbach's Oct. 10, 2005 visit to the property owned by Avery's family for a photo shoot for AutoTrader magazine:
According to Kratz, Avery allegedly opened his door "just wearing a towel. She was creeped out [by him]. ... She [went to her employer and] said she would not go back because she was scared of him."
9. Avery called Auto Trader to specifically request Halbach the day she died. This is also contained in the same AP story. It said that the same woman, Pliszka, testified –this time before the jury – that Avery called her on Oct. 31, 2005 "to request the photographer who had been out to the property previously."
Angela Schuster, magazine operations supervisor, further testified that Halbach went to the Avery compound six times from June to Halloween to take pictures and also said, “She talked to Halbach by phone around 11 a.m. that day to tell her of the appointment at the Avery property," according to the AP.
10. Avery called Halbach's cell phone three times, twice using the Star-67 feature to hide his identity. According to a newspaper article in the River Falls Journal from Feb. 28, 2007, Luring Cellular company workers Bobbi Dohrwardt and Laura Schadrie testified that “Avery’s cell phone made three calls to Halbach's cell, and he twice used the Star-67 feature that hid his identity." These calls came in about 2:30 p.m. According to an Associated Press article from Feb. 28, 2007, "The third call was placed about two hours later." It lasted 13 seconds," and the phone company worker couldn’t tell. if it was answered or went into voice mail.
11. Avery gave a false name when he called Auto Trader
From the same AP story, "Prosecutors are trying to convince a jury that Avery lured Halbach to the family salvage yard by booking an appointment with the magazine, using the name of his sister Barb Janda, to take a picture of a red minivan that Janda wanted to sell." Of course, this could be explained by the fact that it was his sister's car that Halbach was to photograph.
12. The burnt bone fragments were mixed with steel tire belts
According to the criminal complaint, "Officers also located remnants of steel belts of tires that appear to have been utilized as fire accelerants"
A Nov. 15, 2005 Wisconsin State Journal article reported that, "Investigators also said in the court documents that they found steel belts of about six tires that were used as fire accelerants. They also found a number of 5-gallon buckets that appeared to have been used to distribute burned remains."Kratz told People Magazine the bone fragments “were intertwined with the steel belts."
13. Avery's blood was found in six places in the Halbach vehicle, and DNA from his sweat was found on a hood latch, the prosecutor says
I found this in Kratz'; opening statement in the Dassey trial transcript. He told the jury that the Avery blood was found on the ignition of the vehicle, on a CD case and on seats. He also said that Avery had a cut on his finger. And he stated that the state crime lab analyst had found DNA from Avery's sweat on the hood latch of the Halbach vehicle. He also stated that Dassey had said in his confession that Avery opened the car's hood.
14. Avery's rifle matched the bullet with the Halbach DNA on it
This is also in the opening statement. It says that Dassey said the bullet in the garage came from a specific gun of Avery's that hung on Avery's wall and that forensic testing matched the bullet with the Halbach DNA to this specific gun. This bullet was found months later by a Manitowoc law enforcement officer after others missed it during repeated searches.
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