1 00:00:05,360 --> 00:00:08,840 Speaker 1: Climb Stories with Nancy Grace on Serious x M Triumph 2 00:00:08,920 --> 00:00:12,800 Speaker 1: Channel one thirty two. Hundreds of thousands of people are 3 00:00:12,840 --> 00:00:15,680 Speaker 1: calling for the pardon of a convicted killer after the 4 00:00:15,720 --> 00:00:18,880 Speaker 1: Netflix series Making a Murderer exposed possible flaws in the 5 00:00:18,880 --> 00:00:22,320 Speaker 1: case that put him behind bars. We have you. Making 6 00:00:22,320 --> 00:00:25,040 Speaker 1: a Murderer tells the story of Stephen Aver. He's the 7 00:00:25,040 --> 00:00:28,080 Speaker 1: Wisconsin man who served eighteen years in prison for rape 8 00:00:28,120 --> 00:00:31,240 Speaker 1: before being exonerated in two thousand and three. We the 9 00:00:31,320 --> 00:00:34,519 Speaker 1: jury find the defendant guilty of only to find himself 10 00:00:34,560 --> 00:00:39,800 Speaker 1: in prison again on a murder conviction in two thousand seven. 11 00:00:40,280 --> 00:00:44,160 Speaker 1: Many viewers concluded Avery was framed by authorities who lied 12 00:00:44,240 --> 00:00:47,320 Speaker 1: and planted evidence. Stephen Avery is right where he needs 13 00:00:47,320 --> 00:00:51,440 Speaker 1: to be, in prison. I think he was innocent. Is innocent? 14 00:00:52,360 --> 00:00:56,240 Speaker 1: It turned into a documentary. I guess you should call 15 00:00:56,280 --> 00:01:00,400 Speaker 1: it a documentary Netflix, Making a Murderer. But what is 16 00:01:00,440 --> 00:01:07,160 Speaker 1: the real story behind the brutal sex assault and murder 17 00:01:07,200 --> 00:01:11,920 Speaker 1: of a twenty five year old photographer Teresa Hallback the 18 00:01:12,160 --> 00:01:17,000 Speaker 1: very latest in the saga of Stephen Avery and his nephew, 19 00:01:17,080 --> 00:01:21,000 Speaker 1: Brendan Dascy, who now both insists their innocent. But I 20 00:01:21,120 --> 00:01:26,160 Speaker 1: know different. I know, a different story because I was 21 00:01:26,280 --> 00:01:31,960 Speaker 1: lied straight to my face. Right now a legal motion 22 00:01:32,560 --> 00:01:37,720 Speaker 1: in court as the courts bring down the hammer. I mean, 23 00:01:37,720 --> 00:01:40,880 Speaker 1: you see, Grace, this is crime stories. Thank you for 24 00:01:40,920 --> 00:01:46,080 Speaker 1: being with us the truth about what happened to Teresa Hallback. 25 00:01:47,000 --> 00:01:50,240 Speaker 1: I want to go right now to Detective Tom Fastbender, 26 00:01:50,800 --> 00:01:55,120 Speaker 1: who worked on the case actually took one of Brandon 27 00:01:55,200 --> 00:02:01,440 Speaker 1: Dacy's many, many confessions. Also with me is Brenda who 28 00:02:01,640 --> 00:02:07,080 Speaker 1: is a Dassy case expert working with Fastbender and John 29 00:02:07,160 --> 00:02:13,919 Speaker 1: Lee reporter returned from the Post Crescent and Appleton, Wisconsin. 30 00:02:14,560 --> 00:02:17,680 Speaker 1: Detective Tom Fastbinder, thank you so much for being with us. 31 00:02:17,880 --> 00:02:24,640 Speaker 1: The reality is that Brendan Dascy gave multiple confessions. He 32 00:02:24,680 --> 00:02:27,320 Speaker 1: confessed to his mother on the phone, he confessed to 33 00:02:27,440 --> 00:02:31,720 Speaker 1: his cousin Keela, he confessed to police, he confessed on 34 00:02:31,840 --> 00:02:35,919 Speaker 1: a video tape confession by his own defense attorney. But 35 00:02:36,080 --> 00:02:40,680 Speaker 1: let's take it from the beginning. Tom, tell me about 36 00:02:40,720 --> 00:02:44,880 Speaker 1: the case for those of for those listeners just joining us, 37 00:02:44,960 --> 00:02:48,120 Speaker 1: How did it all start? Nancy, thanks for having me 38 00:02:48,200 --> 00:02:53,320 Speaker 1: on um. The case started basically with a missing person, 39 00:02:53,680 --> 00:02:57,840 Speaker 1: tre Sall Black being missing, and from there it went 40 00:02:57,919 --> 00:03:01,280 Speaker 1: into Louie homicide investigation, and her vehicle was found on 41 00:03:01,320 --> 00:03:05,639 Speaker 1: Stephen Avery's or the Avery Salvage yard where Stephen Avery lived, 42 00:03:06,400 --> 00:03:10,320 Speaker 1: and from there the evidence kept mounting, uh pointing directly 43 00:03:10,360 --> 00:03:14,760 Speaker 1: at Stephen Avery, and Uh the even speaks for herself. 44 00:03:14,760 --> 00:03:18,240 Speaker 1: He was ultimately convicted of the of the murder of 45 00:03:18,440 --> 00:03:23,200 Speaker 1: Teresa Halbach and his nephew, who he invited to help 46 00:03:24,360 --> 00:03:28,760 Speaker 1: with the abduction, sex assaulted murder. I was also convicted 47 00:03:29,080 --> 00:03:33,080 Speaker 1: based on Brendan Dacy statements that she that he made 48 00:03:33,120 --> 00:03:35,760 Speaker 1: the multiple statements you already referred to. This is what 49 00:03:35,840 --> 00:03:41,040 Speaker 1: we know. Terisa Hallback was an amateur photographer. Then she 50 00:03:41,240 --> 00:03:47,280 Speaker 1: started taking photos for the local auto triter. You know, 51 00:03:47,320 --> 00:03:49,680 Speaker 1: you've seen those magazines at the grocery store when you 52 00:03:49,680 --> 00:03:55,160 Speaker 1: walk in of all of the cars for sale, used cars. 53 00:03:55,160 --> 00:04:00,560 Speaker 1: She had gone to Stephen Amory the sub of making 54 00:04:00,560 --> 00:04:05,520 Speaker 1: a Murderer on Netflix before, to take pictures at his 55 00:04:05,600 --> 00:04:10,160 Speaker 1: auto salvage lot, and she hated it. She said he 56 00:04:10,200 --> 00:04:14,400 Speaker 1: was super creepy and didn't want to go back. Well, 57 00:04:14,440 --> 00:04:19,200 Speaker 1: to keep her job and keep going as a professional photographer, 58 00:04:19,880 --> 00:04:28,600 Speaker 1: she goes back. She's never seen alive again. Parts of 59 00:04:28,640 --> 00:04:35,000 Speaker 1: her bones and teeth were found in a quote fire 60 00:04:35,080 --> 00:04:40,880 Speaker 1: pit and Stephen Avery's back lot, just outside his office 61 00:04:41,040 --> 00:04:46,200 Speaker 1: of his auto salvage lot. Her car had been dragged 62 00:04:46,279 --> 00:04:51,159 Speaker 1: to the back of his lot and concealed with plywood 63 00:04:51,240 --> 00:04:58,160 Speaker 1: and tree limbs. Stephen Avery's DNA was on Teresa Hallback's car, 64 00:04:58,279 --> 00:05:04,840 Speaker 1: including on the ignition a bullet fragment covered and Teresa 65 00:05:04,920 --> 00:05:11,000 Speaker 1: Hallback's DNA was found in Stephen Avery's garage, but at 66 00:05:11,000 --> 00:05:14,679 Speaker 1: the time police did not know what had become of Teresa. 67 00:05:15,200 --> 00:05:19,000 Speaker 1: I started covering this case when Teresa was just a 68 00:05:19,000 --> 00:05:24,680 Speaker 1: missing person. Take a listen to its Stephen Avery, the target, 69 00:05:25,240 --> 00:05:33,200 Speaker 1: the star of Netflix, making a murderer, said to me, Steve, 70 00:05:33,320 --> 00:05:37,680 Speaker 1: and I understand that Teresa came to your auto salvage 71 00:05:38,200 --> 00:05:42,360 Speaker 1: lot to take photos for the auto Trader. Correct, she 72 00:05:42,839 --> 00:05:46,240 Speaker 1: came down by me. Okay? And Stephen, is my understanding 73 00:05:46,279 --> 00:05:50,039 Speaker 1: that also you stay that you saw her car leave? Yes, 74 00:05:50,080 --> 00:05:53,839 Speaker 1: I did, about what time between she was there between 75 00:05:53,880 --> 00:05:57,360 Speaker 1: two and two thirty, two thirty in the afternoon. Okay, Stephen, 76 00:05:57,800 --> 00:06:00,440 Speaker 1: how is it that her car could get it all 77 00:06:00,480 --> 00:06:05,200 Speaker 1: the way back in this pit area where there is uh, well, 78 00:06:05,360 --> 00:06:09,000 Speaker 1: I believe we're showing it right now. I mean, wouldn't 79 00:06:09,040 --> 00:06:12,719 Speaker 1: you have to pass back by the office again, Well 80 00:06:12,720 --> 00:06:17,039 Speaker 1: on the on the outskirts up the office ottwise backed 81 00:06:17,080 --> 00:06:20,320 Speaker 1: by me or back by Rdan's pitt in the corner. 82 00:06:20,360 --> 00:06:24,000 Speaker 1: It's all open. It's all open, so you can drive 83 00:06:24,040 --> 00:06:29,760 Speaker 1: in there, Mr Avery, did you see anyone else come in, 84 00:06:29,800 --> 00:06:33,520 Speaker 1: anyone unusual that didn't belong there? Well, during the night, 85 00:06:33,640 --> 00:06:36,400 Speaker 1: me and my brother had to go to to pick 86 00:06:36,480 --> 00:06:39,080 Speaker 1: up some more with the flat bed, and I've seen 87 00:06:39,120 --> 00:06:42,880 Speaker 1: tail lights backed by me. I wasn't supposed to be, 88 00:06:43,360 --> 00:06:46,680 Speaker 1: but we turned around and we went back there. Truck 89 00:06:46,720 --> 00:06:48,680 Speaker 1: your parked on the side, and I took the plot 90 00:06:48,720 --> 00:06:51,320 Speaker 1: flight all the flat bed and I looked around by 91 00:06:51,320 --> 00:06:54,880 Speaker 1: me and behind me, but I didn't see that. That 92 00:06:55,040 --> 00:06:59,760 Speaker 1: is from CNN's h l N program that I has 93 00:06:59,839 --> 00:07:03,520 Speaker 1: to for many many years. So he lied out right, 94 00:07:03,640 --> 00:07:07,760 Speaker 1: Tom Fastbender. I mean, the reality of what happened to 95 00:07:08,080 --> 00:07:11,000 Speaker 1: Teresa Holbike is that she went to go take the pictures. 96 00:07:12,560 --> 00:07:17,200 Speaker 1: He overcame her. He tied her up and chained her 97 00:07:17,200 --> 00:07:23,560 Speaker 1: to a bed, cut off her hair, stripped her, raped her, 98 00:07:24,600 --> 00:07:27,640 Speaker 1: brought over his nephew told him to quote have sex 99 00:07:27,720 --> 00:07:31,800 Speaker 1: with her. Brendan Dacy also raped her as she begged 100 00:07:31,840 --> 00:07:36,960 Speaker 1: him not to. Then they stabbed her as she screamed 101 00:07:37,000 --> 00:07:42,400 Speaker 1: and cried and begged him not to. Dascy also stabbed her. 102 00:07:42,640 --> 00:07:48,440 Speaker 1: Then to make sure she was dead, they shot her, 103 00:07:50,640 --> 00:07:54,600 Speaker 1: then burned her body, using her clothes to wipe up 104 00:07:54,680 --> 00:07:59,160 Speaker 1: her own blood through her clothes on top of her 105 00:07:59,240 --> 00:08:02,280 Speaker 1: naked body on a fire pit out in the backyard 106 00:08:02,280 --> 00:08:05,920 Speaker 1: of the auto salvage lot, and then pile things like 107 00:08:06,080 --> 00:08:09,960 Speaker 1: tires and whatever was around on top of that to 108 00:08:10,040 --> 00:08:14,440 Speaker 1: make sure her body burned in the fire. In the 109 00:08:14,520 --> 00:08:19,120 Speaker 1: days that followed, police found bits of her bones, teeth, 110 00:08:20,000 --> 00:08:23,040 Speaker 1: and the studs of the back of her Daisy Fuentes 111 00:08:23,240 --> 00:08:30,000 Speaker 1: Jeans Venue var Geese, former prosecutor and criminal defense attorney. 112 00:08:30,200 --> 00:08:34,199 Speaker 1: You handle appeals and post conviction motions, explain to me 113 00:08:35,400 --> 00:08:40,719 Speaker 1: why he believes he should have a new trial. I'm 114 00:08:40,760 --> 00:08:45,800 Speaker 1: talking about the nephew, Brendan Dacy, who the Seventh Circuit 115 00:08:45,880 --> 00:08:49,480 Speaker 1: Court of Appeals just rejected. First of all, Nancy, the 116 00:08:49,760 --> 00:08:54,000 Speaker 1: evidence is not overwhelming against Day. There is no DNA 117 00:08:54,120 --> 00:08:56,800 Speaker 1: licking him that shows that he was involved in any rate. 118 00:08:57,559 --> 00:09:00,560 Speaker 1: There is the issue of the confessions here, and with 119 00:09:00,600 --> 00:09:04,080 Speaker 1: all due respect to the detective. The confession stinks. There 120 00:09:04,160 --> 00:09:06,880 Speaker 1: was a lot of evidence that was fed to him 121 00:09:07,160 --> 00:09:10,000 Speaker 1: to a kid who's sixteen years old, who has a 122 00:09:10,200 --> 00:09:12,840 Speaker 1: very low i Q. Now hold on, wait a minute, Venu, 123 00:09:13,120 --> 00:09:17,280 Speaker 1: wait a minute. Are you talking about the confession that 124 00:09:17,679 --> 00:09:23,120 Speaker 1: never came into court taken by his own defense attorney who, 125 00:09:23,160 --> 00:09:25,480 Speaker 1: when he saw the case said we got to get 126 00:09:25,480 --> 00:09:29,959 Speaker 1: you a deal, Dassie, And he took a video interview 127 00:09:30,440 --> 00:09:35,280 Speaker 1: with leading questions and egging him on to give an 128 00:09:35,280 --> 00:09:39,240 Speaker 1: answer to use to give the prosecutors to show that 129 00:09:39,320 --> 00:09:42,559 Speaker 1: Brendan Dacy would be a great witness for the state 130 00:09:42,720 --> 00:09:47,480 Speaker 1: against Stephen Avery. Then when Kachinsky leaves the case, that 131 00:09:47,679 --> 00:09:49,360 Speaker 1: is what happened, and that never came in front of 132 00:09:49,360 --> 00:09:51,640 Speaker 1: the jury. That's not what I'm talking about any I'm 133 00:09:51,640 --> 00:09:54,040 Speaker 1: talking about what came in front of the jury. You 134 00:09:54,120 --> 00:09:57,959 Speaker 1: have gaps, You have all these leading questions for somebody's 135 00:09:57,960 --> 00:10:01,320 Speaker 1: frett kids. Think about it. Imagine if you're kid didn't 136 00:10:01,320 --> 00:10:05,160 Speaker 1: have the same capacity as somebody else, and he's being 137 00:10:05,240 --> 00:10:09,000 Speaker 1: fed answers, and every time that he and he's being 138 00:10:09,000 --> 00:10:12,520 Speaker 1: told look, things will be okay. And at one point 139 00:10:12,520 --> 00:10:15,079 Speaker 1: he's like, can I get back to school? And so 140 00:10:15,679 --> 00:10:18,120 Speaker 1: the you know, the Supreme Court of the United States 141 00:10:18,200 --> 00:10:22,160 Speaker 1: found that executions of juveniles are was pooled and unusual 142 00:10:22,200 --> 00:10:25,040 Speaker 1: punishment and outlaw. That's not even an issue. He's not 143 00:10:25,080 --> 00:10:27,320 Speaker 1: even facing the death penalty. No, he's not. He's not. 144 00:10:27,360 --> 00:10:29,560 Speaker 1: What I'm saying here though, So are you bringing it 145 00:10:29,640 --> 00:10:34,440 Speaker 1: off Supreme courtious? Father, that should find that interrogations of 146 00:10:34,480 --> 00:10:39,160 Speaker 1: screws juveniles, particularly those were a low mental capacity, is 147 00:10:39,160 --> 00:10:42,840 Speaker 1: cruel and unusual. I mean, this is a kid who's well, okay, 148 00:10:42,960 --> 00:10:45,600 Speaker 1: So if you have a low i Q and you're 149 00:10:45,679 --> 00:10:49,760 Speaker 1: sixtain and you rape a woman tied up in shain 150 00:10:49,920 --> 00:10:52,480 Speaker 1: to a band and then stab her dad, we don't 151 00:10:52,480 --> 00:10:55,160 Speaker 1: want to take your confession because, just so you know, 152 00:10:56,240 --> 00:11:00,440 Speaker 1: the mother came with him. Then the mother gave permission 153 00:11:00,800 --> 00:11:03,200 Speaker 1: for police to speak to him. The first few times 154 00:11:03,480 --> 00:11:05,440 Speaker 1: that they spoke to him, they thought he was just 155 00:11:05,480 --> 00:11:08,920 Speaker 1: a witness that knew something. Then he implicated himself. He 156 00:11:09,040 --> 00:11:13,679 Speaker 1: confessed on a recorded phone conversation to his mother. He 157 00:11:13,760 --> 00:11:19,480 Speaker 1: confessed to a cousin Kella. And very very important is 158 00:11:19,520 --> 00:11:25,560 Speaker 1: that his confessions match the physical evidence. So unless he's 159 00:11:25,600 --> 00:11:31,000 Speaker 1: a clairvoyant, he would not know those details. Detective Tom Fassbender, 160 00:11:31,240 --> 00:11:34,920 Speaker 1: I'd like to hear your response to Venue var Geese. 161 00:11:36,000 --> 00:11:38,640 Speaker 1: Thank you, Nancy. UH do you have you in question 162 00:11:38,720 --> 00:11:42,400 Speaker 1: that he is referring to is exactly that started I 163 00:11:42,480 --> 00:11:47,280 Speaker 1: as an interview until Brendan Dassy essentially blew us away 164 00:11:47,480 --> 00:11:50,640 Speaker 1: with some admissions that he made the beginning with the 165 00:11:51,000 --> 00:11:54,319 Speaker 1: fact that he said he raped Teresa Halbach at the 166 00:11:54,400 --> 00:11:58,720 Speaker 1: urging of Stephen Avery less than fifty minutes into the interview, 167 00:11:59,679 --> 00:12:04,400 Speaker 1: and I stress the Foft interview no yelling, no deprivation 168 00:12:04,520 --> 00:12:10,280 Speaker 1: of basic necessities, and he mentions that information was sid 169 00:12:10,320 --> 00:12:13,680 Speaker 1: to him. There were times when uh information was fed 170 00:12:13,720 --> 00:12:15,840 Speaker 1: to him and there were some leading questions. But I 171 00:12:15,840 --> 00:12:18,040 Speaker 1: can go through that interview and showed just as many 172 00:12:18,120 --> 00:12:22,520 Speaker 1: instances of him providing information to us that we had 173 00:12:22,559 --> 00:12:26,120 Speaker 1: no idea he was going to provide, essentially, like I said, 174 00:12:26,120 --> 00:12:30,880 Speaker 1: blowing us away, And also many instances where he resisted 175 00:12:30,960 --> 00:12:35,400 Speaker 1: any type of suggestion and denied involvements such as him 176 00:12:35,480 --> 00:12:38,600 Speaker 1: actually shooting trees that he vehemently denied that and did 177 00:12:38,640 --> 00:12:42,400 Speaker 1: not change his mind. UH, and in many other instances 178 00:12:42,440 --> 00:12:46,320 Speaker 1: and including the control question, that that he denied any 179 00:12:46,360 --> 00:12:52,400 Speaker 1: knowledge of um so I reality is tom the reality 180 00:12:52,440 --> 00:12:55,360 Speaker 1: as if he had stuck with Kaczynski, who was trying 181 00:12:55,400 --> 00:12:57,640 Speaker 1: to kind of deal for him, he had probably be 182 00:12:57,920 --> 00:13:02,200 Speaker 1: up for parole right now. Uh. I don't know that 183 00:13:02,200 --> 00:13:04,880 Speaker 1: he would get it the first time around, but he 184 00:13:04,920 --> 00:13:09,840 Speaker 1: would probably already be up for parole right now. But 185 00:13:09,960 --> 00:13:15,600 Speaker 1: instead he launched a defense that he gave a false 186 00:13:16,120 --> 00:13:21,320 Speaker 1: confession and that he really got the idea for everything 187 00:13:21,360 --> 00:13:27,000 Speaker 1: he was saying because he read the book Kissed the Girls. Yeah. 188 00:13:27,040 --> 00:13:30,640 Speaker 1: I mean, if you're that low of an iron Q 189 00:13:30,880 --> 00:13:33,160 Speaker 1: that he's claiming, I don't know how you could get 190 00:13:33,440 --> 00:13:36,440 Speaker 1: through kiss the Girls. Wasn't that turned into a movie 191 00:13:36,920 --> 00:13:41,280 Speaker 1: with Ashley Judd and Morgan Freeman. I mean he said 192 00:13:41,559 --> 00:13:46,480 Speaker 1: he on his own read the book Kissed the Girls, 193 00:13:47,000 --> 00:13:54,119 Speaker 1: and then created and masterminded the defense and masterminded his statement, 194 00:13:54,480 --> 00:13:58,680 Speaker 1: his so called confession, and that the confession was false. 195 00:13:59,400 --> 00:14:03,720 Speaker 1: That is what he told the jury. His new defense 196 00:14:03,720 --> 00:14:07,800 Speaker 1: attorney put him up on the stand and told the 197 00:14:07,920 --> 00:14:12,719 Speaker 1: jury that he was not involved, that they made him 198 00:14:12,720 --> 00:14:15,440 Speaker 1: get of a confession, although nobody yelled at him, beat him, 199 00:14:15,520 --> 00:14:17,880 Speaker 1: deprived him of food or water. His mommy was outside 200 00:14:17,920 --> 00:14:21,360 Speaker 1: the door, and one of them, Uh, that that was 201 00:14:21,400 --> 00:14:24,840 Speaker 1: all a big lie, and that really the truth is 202 00:14:24,960 --> 00:14:28,760 Speaker 1: this is what he said on the stand, that he 203 00:14:28,920 --> 00:14:32,480 Speaker 1: read the book Kissed the Girls and then came up 204 00:14:32,520 --> 00:14:36,400 Speaker 1: with a confession. That's where he got the idea. It's 205 00:14:36,400 --> 00:14:42,120 Speaker 1: amazing that the forensic evidence fits with his confession, but 206 00:14:42,280 --> 00:14:46,040 Speaker 1: not with the book kiss the Girls. I want to 207 00:14:46,080 --> 00:14:49,560 Speaker 1: pause very briefly and thank our sponsors are partners making 208 00:14:49,600 --> 00:14:54,760 Speaker 1: today's program on serious sex possible, as we give you 209 00:14:54,800 --> 00:14:58,720 Speaker 1: the bombshell news that the Seventh Circuit Court of Appeals 210 00:14:58,760 --> 00:15:04,920 Speaker 1: has rejected making a murderer Brendan Dacy's claim that he's 211 00:15:05,040 --> 00:15:08,080 Speaker 1: innocent and was forced to give a confession and really 212 00:15:08,240 --> 00:15:10,480 Speaker 1: based it all on a book you read. I want 213 00:15:10,480 --> 00:15:14,000 Speaker 1: to take this moment and thank our partner for making 214 00:15:14,040 --> 00:15:18,840 Speaker 1: our program possible today. Super Beats. 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Go 240 00:16:47,040 --> 00:16:51,800 Speaker 1: to Nancy's Beats dot com or call eight hundred five 241 00:16:51,880 --> 00:16:56,440 Speaker 1: one six zero six eight three. I'm all about increasing 242 00:16:56,480 --> 00:17:00,360 Speaker 1: my energy and I love super Beats and I want 243 00:17:00,360 --> 00:17:02,920 Speaker 1: to thank super Beats for being with us today being 244 00:17:02,920 --> 00:17:06,639 Speaker 1: our partner. Joining me right now is John Lee, a 245 00:17:07,000 --> 00:17:11,160 Speaker 1: reporter retired from the Post Crescent in Appleton, Wisconsin. John Lee, 246 00:17:11,520 --> 00:17:13,760 Speaker 1: thank you so much for being with us along with 247 00:17:13,880 --> 00:17:20,080 Speaker 1: Detective Tom Fastbender, Brenda and the new Vargeese. John Lee, 248 00:17:20,320 --> 00:17:23,240 Speaker 1: you know the most recent ruling that has just come 249 00:17:23,280 --> 00:17:27,160 Speaker 1: down from the Seventh Circuit Court of Appeals rejecting Netflix 250 00:17:27,280 --> 00:17:32,400 Speaker 1: making a murderer star Brendan Dassy along with his UH 251 00:17:32,680 --> 00:17:35,640 Speaker 1: uncle Stephen Avery. What do you make of it, John Lee? 252 00:17:35,760 --> 00:17:38,760 Speaker 1: There's a few things. Number one, Um, when I talked 253 00:17:38,760 --> 00:17:43,480 Speaker 1: to the attorneys from Northwestern from day one, and the 254 00:17:43,600 --> 00:17:49,359 Speaker 1: Northwestern University attorneys took this case after no attorney in 255 00:17:49,400 --> 00:17:53,560 Speaker 1: Wisconsin would take it, mainly because of what Wisconsin pase 256 00:17:53,640 --> 00:17:57,520 Speaker 1: public defenders. But number two, and I mentioned it to 257 00:17:57,640 --> 00:18:04,920 Speaker 1: Tom once Um Brendan's UH testimony that he got the 258 00:18:05,040 --> 00:18:10,360 Speaker 1: information from Kiss the Girls. Um. He disputed that to me. 259 00:18:10,920 --> 00:18:14,600 Speaker 1: I interviewed Brendan at the county jail and Manito Walk 260 00:18:14,760 --> 00:18:18,080 Speaker 1: right after his conviction, and he called me about a 261 00:18:18,160 --> 00:18:20,840 Speaker 1: month or six weeks later from prison, after I had 262 00:18:20,880 --> 00:18:24,399 Speaker 1: sent a note, And one of the things he told 263 00:18:24,400 --> 00:18:27,040 Speaker 1: me is that before he went to prison, he had 264 00:18:27,160 --> 00:18:32,240 Speaker 1: never read a book. Um, but once he got the prison, 265 00:18:32,320 --> 00:18:36,240 Speaker 1: somebody sent him a collection of Harry Potter books that 266 00:18:36,320 --> 00:18:39,760 Speaker 1: he has started to read. But that was just completely 267 00:18:39,840 --> 00:18:42,800 Speaker 1: countered to his testimony that he got this information. Okay, 268 00:18:42,840 --> 00:18:45,960 Speaker 1: hold on, John lay White, you're telling me something brand new. 269 00:18:46,760 --> 00:18:49,560 Speaker 1: So his claim that he got up on the stand 270 00:18:49,760 --> 00:18:54,040 Speaker 1: under oath and told the jury that he had a 271 00:18:54,080 --> 00:18:58,320 Speaker 1: false confession, a co Werse confession, he had nothing to 272 00:18:58,359 --> 00:19:02,080 Speaker 1: do with Teresa Hallby, It's ripe and murder, and that 273 00:19:02,200 --> 00:19:04,720 Speaker 1: he based everything he said on a book he read, 274 00:19:04,800 --> 00:19:07,720 Speaker 1: Kissed the Girls, which was later turned into a movie 275 00:19:07,760 --> 00:19:11,280 Speaker 1: with Ashley Judd and Morgan Freeman, which I saw. Now, 276 00:19:12,000 --> 00:19:16,760 Speaker 1: are you telling me, John Lee? John Lee is form 277 00:19:16,800 --> 00:19:19,679 Speaker 1: a reporter with the Post Crescent. You're telling me that 278 00:19:20,280 --> 00:19:23,280 Speaker 1: he's telling you he's never read kiss the Girls. That's 279 00:19:23,320 --> 00:19:27,440 Speaker 1: exactly what he told me. I've done somewhere over four 280 00:19:27,520 --> 00:19:31,600 Speaker 1: hundred stories on this case. I started in Mr Cock 281 00:19:31,680 --> 00:19:35,360 Speaker 1: the weekend and they found the car and interviewed Brendan 282 00:19:35,440 --> 00:19:39,560 Speaker 1: two or three times after his convictions, and he had 283 00:19:39,600 --> 00:19:43,240 Speaker 1: told me then when we had talked about it. Another 284 00:19:43,359 --> 00:19:47,080 Speaker 1: thing to take in mind is where his attorneys says 285 00:19:47,080 --> 00:19:51,240 Speaker 1: he's a special needs student. He had some special classes, 286 00:19:52,040 --> 00:19:56,280 Speaker 1: but he was basically in mainstream classes. And I from 287 00:19:56,359 --> 00:20:00,560 Speaker 1: what I remember at the trial um and he was 288 00:20:00,640 --> 00:20:04,080 Speaker 1: picked up for the last time by Tom and Mark 289 00:20:04,119 --> 00:20:08,600 Speaker 1: Weigerton and gave the last or the interview at the 290 00:20:08,600 --> 00:20:12,840 Speaker 1: Manitouk Sheriff's department. He was in driver's at That's not 291 00:20:12,920 --> 00:20:16,800 Speaker 1: a special ed student. He may be low intelligence, but 292 00:20:16,880 --> 00:20:20,560 Speaker 1: he is not special ed. Wait a minute, Okay, this 293 00:20:20,680 --> 00:20:25,200 Speaker 1: is counter John Lee to everything the defense has been saying. 294 00:20:26,359 --> 00:20:30,960 Speaker 1: I mean, I was stunned when I found out different 295 00:20:31,000 --> 00:20:34,280 Speaker 1: things about Brendon Dascy that would suggest he is not 296 00:20:34,480 --> 00:20:37,280 Speaker 1: as low and i Q as they wanted me to believe. 297 00:20:38,080 --> 00:20:42,200 Speaker 1: But now I'm hearing he's in mainstream classes. I mean, 298 00:20:42,359 --> 00:20:44,920 Speaker 1: was the whole thing and act John Lee. I mean 299 00:20:45,760 --> 00:20:50,560 Speaker 1: when I say Stephen Avery and Brendan Dassy raped her 300 00:20:50,880 --> 00:20:53,919 Speaker 1: and killed her and burned her body, everybody acts like 301 00:20:53,960 --> 00:20:57,359 Speaker 1: I'm the devil. But that is what the facts show. 302 00:20:57,640 --> 00:21:00,760 Speaker 1: And he was in mainstream classes for a majority of 303 00:21:00,760 --> 00:21:03,800 Speaker 1: his classes. There's a couple other things to bring out. 304 00:21:03,960 --> 00:21:07,280 Speaker 1: Number one is and I don't think it was admitted 305 00:21:07,320 --> 00:21:12,840 Speaker 1: at trial, but Tom and Mark Weiger also investigated a 306 00:21:12,920 --> 00:21:15,760 Speaker 1: threat that Brendan made to a high school girl who 307 00:21:15,840 --> 00:21:19,120 Speaker 1: was picking at him, and Brendan said, if you don't 308 00:21:19,119 --> 00:21:22,680 Speaker 1: want you, you're gonna end up like Teresa. The other 309 00:21:22,760 --> 00:21:25,000 Speaker 1: thing is, I found it to be one of the 310 00:21:25,040 --> 00:21:28,920 Speaker 1: most repulsive things I've seen in a confession is when 311 00:21:29,800 --> 00:21:33,320 Speaker 1: after he raped Teresa and walked out in the living 312 00:21:33,400 --> 00:21:36,879 Speaker 1: room where his uncle was sitting. He told his uncle 313 00:21:36,960 --> 00:21:40,000 Speaker 1: what he did, and Avery told him today, Brendan, you 314 00:21:40,080 --> 00:21:43,480 Speaker 1: became a man. I'm just sick. I'm just sick about 315 00:21:43,480 --> 00:21:46,280 Speaker 1: what she went through. I mean, the kid is not smart, 316 00:21:47,000 --> 00:21:50,760 Speaker 1: but he's not what we used to call Return was 317 00:21:51,280 --> 00:21:59,760 Speaker 1: screaming and crying. Two begged them not to do this thing. 318 00:22:01,600 --> 00:22:04,879 Speaker 1: And John, why did they have to cut her hair off? 319 00:22:05,320 --> 00:22:09,480 Speaker 1: I don't know, Um, I'm not sure you know. The 320 00:22:09,520 --> 00:22:13,480 Speaker 1: other thing when they talked about suggestibility and he being 321 00:22:13,800 --> 00:22:18,359 Speaker 1: conned into a confession is there was a day long 322 00:22:18,480 --> 00:22:24,520 Speaker 1: hearing before the trial on admitting that testimony. There was 323 00:22:24,600 --> 00:22:30,359 Speaker 1: a psychologist from Northern Illinois. I think Rockford and his 324 00:22:30,440 --> 00:22:34,400 Speaker 1: name escapes me. Now that testify. That was all part 325 00:22:34,400 --> 00:22:37,320 Speaker 1: of the trial script transcript and it was rebutted by 326 00:22:37,359 --> 00:22:43,520 Speaker 1: the prosecution. I'm just listening to everything that you're saying, Brenda. 327 00:22:43,880 --> 00:22:49,320 Speaker 1: You have been working as a Dassy case expert. What 328 00:22:49,520 --> 00:22:53,840 Speaker 1: is your take um Dassy's claim that this was a 329 00:22:53,880 --> 00:22:58,000 Speaker 1: forced coercion and he did not write or murder Theresa hallback. 330 00:22:58,320 --> 00:23:01,600 Speaker 1: My kick is he absolutely did. I agree with you 331 00:23:01,640 --> 00:23:04,720 Speaker 1: a hundred percent, and I know the new was mentioning 332 00:23:04,800 --> 00:23:07,879 Speaker 1: before that there really wasn't any evidence that supported it 333 00:23:07,960 --> 00:23:12,359 Speaker 1: outside of his confession. I don't agree with that. My 334 00:23:12,520 --> 00:23:14,639 Speaker 1: take on it is that there was plenty of things 335 00:23:14,680 --> 00:23:18,640 Speaker 1: that substantiated what his confession said. Now some of those 336 00:23:18,640 --> 00:23:22,440 Speaker 1: are circumstantial, of course, but just a couple examples real quick. 337 00:23:22,520 --> 00:23:26,560 Speaker 1: Nancy Stephen told Brendan that he cleaned the house trailer. 338 00:23:27,200 --> 00:23:31,440 Speaker 1: He cleaned it after that house trailer was cleaned very well, 339 00:23:32,119 --> 00:23:34,919 Speaker 1: and there are phone calls that state that to Jody 340 00:23:35,119 --> 00:23:39,240 Speaker 1: a day after where he was telling Jody, his girlfriend 341 00:23:39,240 --> 00:23:42,840 Speaker 1: on a recorded jail call, that the rough doctor that 342 00:23:43,000 --> 00:23:45,400 Speaker 1: he had wasn't working and he wanted to know where 343 00:23:45,440 --> 00:23:48,000 Speaker 1: the receipt was so he could take it back. Well, 344 00:23:48,000 --> 00:23:50,440 Speaker 1: guess what, that rot doctor was gone and there was 345 00:23:50,480 --> 00:23:53,160 Speaker 1: a new distil in its place, because that's number one. 346 00:23:53,520 --> 00:23:58,359 Speaker 1: Number two bleached jeans, those were uh evidence in the 347 00:23:58,440 --> 00:24:02,359 Speaker 1: trial running trial okay number one, he stated he and 348 00:24:02,400 --> 00:24:05,479 Speaker 1: Stephen were cleaning up the stain of the garage and 349 00:24:05,520 --> 00:24:09,840 Speaker 1: it was auto fluids. Okay, who cleans up auto fluides? 350 00:24:09,920 --> 00:24:14,760 Speaker 1: That knows anything about vehicles? You don't. You use kiddie litter, 351 00:24:14,920 --> 00:24:19,119 Speaker 1: you use sand, you absorb the fluid. Who uses bleach? 352 00:24:19,240 --> 00:24:22,800 Speaker 1: And backing that up, they found bleach containers, they found 353 00:24:22,840 --> 00:24:25,720 Speaker 1: paint center containers, when they found gas. All three things 354 00:24:25,760 --> 00:24:28,119 Speaker 1: that rend And said they used to clean up that oil. 355 00:24:28,200 --> 00:24:31,680 Speaker 1: Still that he eventually did ant with blood. And lastly 356 00:24:31,760 --> 00:24:35,960 Speaker 1: he stated he raped and broke up her bones in 357 00:24:36,000 --> 00:24:38,680 Speaker 1: the fire. We'll get that. They found all around that 358 00:24:38,800 --> 00:24:41,280 Speaker 1: fire pit. They found a mallet, they found a rap, 359 00:24:41,359 --> 00:24:43,919 Speaker 1: they found a hole, They found a shovel and a 360 00:24:43,960 --> 00:24:48,000 Speaker 1: strew driver. Do most normal people have those things laying 361 00:24:48,040 --> 00:24:52,399 Speaker 1: around their fire I don't fire pits, So I guess 362 00:24:52,400 --> 00:24:54,840 Speaker 1: there are a lot of things that are circumstantial that 363 00:24:54,960 --> 00:24:57,640 Speaker 1: you can't tie together, but they do support the other. 364 00:24:58,000 --> 00:25:02,840 Speaker 1: Another thing Brenda that. Another thing, Brenda that really convinced 365 00:25:02,840 --> 00:25:08,679 Speaker 1: me Um is that he Brendan Dascy confessed to his 366 00:25:08,760 --> 00:25:12,639 Speaker 1: own mother and it's on a recorded phone conversation he 367 00:25:12,760 --> 00:25:21,960 Speaker 1: confessed to friend Kella cousin Kella Um. Multiple multiple corroborating 368 00:25:22,760 --> 00:25:25,439 Speaker 1: facts go to his confession that he could not have 369 00:25:25,680 --> 00:25:29,040 Speaker 1: known if he had not been there. I mean, it 370 00:25:29,160 --> 00:25:32,600 Speaker 1: just goes on and on and on. Listen to what 371 00:25:32,680 --> 00:25:39,240 Speaker 1: he said. This is Dascy, his Avery's nephew. Avery went 372 00:25:39,359 --> 00:25:41,800 Speaker 1: to go pick up some stuff around the yard and 373 00:25:41,880 --> 00:25:44,600 Speaker 1: after that we he asked me to come in the 374 00:25:44,640 --> 00:25:47,280 Speaker 1: house because he wanted to show me something. And he 375 00:25:47,440 --> 00:25:51,400 Speaker 1: showed me that she was lying on the bed. Her 376 00:25:51,440 --> 00:25:54,680 Speaker 1: hands were roped up to the bed and her legs 377 00:25:54,720 --> 00:25:57,520 Speaker 1: were cuffed, and then he told me to have sex 378 00:25:57,560 --> 00:26:00,159 Speaker 1: with her. So I did because I thought I was 379 00:26:00,200 --> 00:26:02,520 Speaker 1: not going to get away from him because he was 380 00:26:02,600 --> 00:26:05,320 Speaker 1: too strong. So I did what he said. And then 381 00:26:05,359 --> 00:26:08,520 Speaker 1: after that he untied her and uncuffed her, and then 382 00:26:09,000 --> 00:26:12,280 Speaker 1: he brought her outside, and before he went outside, he 383 00:26:12,359 --> 00:26:15,160 Speaker 1: told me to grab her clothes and her shoes, so 384 00:26:15,200 --> 00:26:17,400 Speaker 1: he went into the garage and before she went out, 385 00:26:17,720 --> 00:26:19,959 Speaker 1: when he took her outside, he had tied up her 386 00:26:20,000 --> 00:26:23,159 Speaker 1: hands and feet, and then was in the garage and 387 00:26:23,200 --> 00:26:26,200 Speaker 1: he stabbed her, and then he told me too. And 388 00:26:26,240 --> 00:26:29,200 Speaker 1: after that he wanted to make sure she was dead 389 00:26:29,359 --> 00:26:32,160 Speaker 1: or something, so he shot her five times. And while 390 00:26:32,160 --> 00:26:34,600 Speaker 1: he was doing that, I wasn't looking because I can't 391 00:26:34,600 --> 00:26:37,520 Speaker 1: watch that stuff. So I was standing by the big 392 00:26:37,560 --> 00:26:40,000 Speaker 1: door in the garage. And then after that, he took 393 00:26:40,000 --> 00:26:42,840 Speaker 1: her outside and we put her on the fire, and 394 00:26:42,840 --> 00:26:45,200 Speaker 1: we used her clothes to clean up some of the blood. 395 00:26:45,720 --> 00:26:48,560 Speaker 1: And when we put her in the fire and her clothes, 396 00:26:48,600 --> 00:26:51,439 Speaker 1: we were standing right by the garage to wait for 397 00:26:51,480 --> 00:26:54,320 Speaker 1: it to get down, so we threw some of that 398 00:26:54,359 --> 00:26:58,600 Speaker 1: stuff on it after it went down. Just says it 399 00:26:58,800 --> 00:27:02,640 Speaker 1: very casually. I want you to hear what his grandfather 400 00:27:03,600 --> 00:27:10,239 Speaker 1: tells him and a secretly recorded conversation. Now this is 401 00:27:11,240 --> 00:27:20,280 Speaker 1: telling Dassy to keep his mouth shut. Damn gunnen And 402 00:27:20,440 --> 00:27:27,440 Speaker 1: they not happen. Yeah, they made me call or that, 403 00:27:27,920 --> 00:27:33,359 Speaker 1: damn Yeah, And thick to your gun and listen to 404 00:27:33,440 --> 00:27:37,359 Speaker 1: this doing going for a pre barrogant order than that, 405 00:27:38,520 --> 00:27:41,639 Speaker 1: because you do that and you're hurting board you guys. 406 00:27:42,160 --> 00:27:47,960 Speaker 1: You know today we are bringing you the very latest 407 00:27:48,040 --> 00:27:51,919 Speaker 1: on the two stars of Netflix series Making a Murderer. 408 00:27:52,440 --> 00:27:56,520 Speaker 1: The latest on Stephen Avery and his cousin Brendan Dascy, 409 00:27:56,600 --> 00:28:01,120 Speaker 1: who were both convicted in the brutal rape and murder 410 00:28:01,119 --> 00:28:04,480 Speaker 1: of a twenty five year old photographer, Teresa Hallback. I 411 00:28:04,480 --> 00:28:08,119 Speaker 1: will never forget it seeing her picture for the first 412 00:28:08,160 --> 00:28:11,280 Speaker 1: time and trying to help find her when she was 413 00:28:11,359 --> 00:28:15,400 Speaker 1: a missing person. The Seventh Circuit Court of Appeals has 414 00:28:15,440 --> 00:28:19,160 Speaker 1: just rejected Dacy's claims that he was forced to give 415 00:28:19,160 --> 00:28:21,280 Speaker 1: a confession and he had nothing to do with hall 416 00:28:21,359 --> 00:28:24,320 Speaker 1: Backs and murder and base his whole confession on a 417 00:28:24,320 --> 00:28:26,920 Speaker 1: book he read. Guys, I want to thank our partners 418 00:28:27,000 --> 00:28:29,840 Speaker 1: making her program possible, and right now I want to 419 00:28:29,880 --> 00:28:33,359 Speaker 1: thank one eight hundred Dentist. 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Thank 441 00:29:52,840 --> 00:29:55,880 Speaker 1: you one eight hundred dentists for being our partner today. 442 00:29:57,840 --> 00:30:01,320 Speaker 1: I want you to listen again to it's Stephen Avery 443 00:30:01,440 --> 00:30:05,880 Speaker 1: tells me to my face on c N N H 444 00:30:06,200 --> 00:30:11,240 Speaker 1: l N Steve and I understand that Teresa came to 445 00:30:11,360 --> 00:30:15,800 Speaker 1: your Auto Salvage lot to take photos for the auto 446 00:30:15,880 --> 00:30:19,760 Speaker 1: trade or correct, Yes she did. She came down by me. Okay, 447 00:30:19,840 --> 00:30:22,720 Speaker 1: And Stephen, is my understanding that also you stay that 448 00:30:22,760 --> 00:30:26,280 Speaker 1: you saw her car leave? Yes, I did. About what 449 00:30:26,400 --> 00:30:30,200 Speaker 1: time between she was there between two and two thirty 450 00:30:30,480 --> 00:30:33,960 Speaker 1: two in the afternoon. Okay, Stephen. How is it that 451 00:30:34,000 --> 00:30:37,360 Speaker 1: her car could get all the way back in this 452 00:30:37,520 --> 00:30:41,320 Speaker 1: pit area where there is uh? Well, I believe we're 453 00:30:41,320 --> 00:30:44,680 Speaker 1: showing it right now. I mean, wouldn't you have to 454 00:30:44,720 --> 00:30:48,840 Speaker 1: pass back by the office again? Well, on the on 455 00:30:48,960 --> 00:30:52,760 Speaker 1: the out starts up the office ottawise back by me 456 00:30:53,360 --> 00:30:56,520 Speaker 1: or back by Dan's pitt in the corner is all open. 457 00:30:57,000 --> 00:31:02,520 Speaker 1: It's all open so you can drive in there, Mr Avery. 458 00:31:02,640 --> 00:31:06,200 Speaker 1: Did you see anyone else come in, anyone unusual that 459 00:31:06,240 --> 00:31:09,479 Speaker 1: didn't belong there? Well? During the night, me and my 460 00:31:09,480 --> 00:31:12,520 Speaker 1: brother had to go to pick up some more with 461 00:31:12,560 --> 00:31:16,000 Speaker 1: the pride bed and I've seen tale lights backed by me. 462 00:31:17,200 --> 00:31:20,880 Speaker 1: I wasn't supposed to be, But we turned around and 463 00:31:21,040 --> 00:31:23,600 Speaker 1: we went back there. Rukr parked on the side and 464 00:31:23,640 --> 00:31:26,040 Speaker 1: I took the place flight all the flood bed and 465 00:31:26,080 --> 00:31:28,760 Speaker 1: I looked around by me and behind me, but I 466 00:31:28,760 --> 00:31:34,160 Speaker 1: didn't see that. Two. Detective Tom fastbender who actually took 467 00:31:34,360 --> 00:31:40,840 Speaker 1: Brendan Dacy's confession one of the many confessions. Tom Um, 468 00:31:41,320 --> 00:31:44,560 Speaker 1: I don't know how it turns out, Tom, that we 469 00:31:45,920 --> 00:31:48,000 Speaker 1: end up to be the bad guys in this scenario. 470 00:31:48,040 --> 00:31:51,560 Speaker 1: I mean, Teresa Hall bat was brutally raped and murdered, 471 00:31:52,760 --> 00:31:56,160 Speaker 1: and there is no doubt in my mind Stephen Avery 472 00:31:56,240 --> 00:31:59,920 Speaker 1: and Brendon Dascy did it. True, Dassy may have been 473 00:32:00,120 --> 00:32:05,360 Speaker 1: under Avery's you know, encouragement, but he did this thing. 474 00:32:05,480 --> 00:32:09,440 Speaker 1: Nobody made him rape her and stab her and stand 475 00:32:09,440 --> 00:32:13,080 Speaker 1: there and watch her body blade. What is the physical evidence? 476 00:32:13,120 --> 00:32:16,080 Speaker 1: Because Avery also says he's innocent and that he's part 477 00:32:16,120 --> 00:32:18,680 Speaker 1: of a police frame up, that there was a lot 478 00:32:18,760 --> 00:32:22,240 Speaker 1: of physical evidence, a lot of scientific physical evidence, to 479 00:32:22,320 --> 00:32:27,920 Speaker 1: include Stephen Avery's blood in Teresa hallbox raft for vehicle. 480 00:32:28,800 --> 00:32:31,800 Speaker 1: It was found in many different places throughout the vehicle, 481 00:32:32,360 --> 00:32:35,720 Speaker 1: including by the ignition switch, which has been mentioned uh 482 00:32:35,760 --> 00:32:39,520 Speaker 1: in different forms, showing that there was an active bleeder 483 00:32:40,120 --> 00:32:45,960 Speaker 1: in the car. Subsequently, when resting Stephen Avery his finger 484 00:32:46,720 --> 00:32:49,640 Speaker 1: and which examined and it had a fairly fresh cut 485 00:32:49,720 --> 00:32:54,600 Speaker 1: on the finger which would have been conducive to that 486 00:32:54,720 --> 00:32:58,240 Speaker 1: type of bleeding. Also, there was a bullet found in 487 00:32:58,280 --> 00:33:03,120 Speaker 1: the garage from Steven averys the twenty two caliber rifle 488 00:33:03,200 --> 00:33:06,720 Speaker 1: that was hanging above Stephen Avery's bed in his bedroom 489 00:33:06,760 --> 00:33:10,400 Speaker 1: that was forensically matched to that rifle. That bollets fragment 490 00:33:10,480 --> 00:33:15,520 Speaker 1: also had Stephen Avery Teresa hall Bucks DNA on it UH. 491 00:33:16,080 --> 00:33:22,160 Speaker 1: Teresa Hallbucks possessions, her camera, her pd A, her telephone, 492 00:33:22,280 --> 00:33:25,800 Speaker 1: her cell phone were found just outside of Stephen Avery's 493 00:33:25,880 --> 00:33:30,520 Speaker 1: trailer in his burn barrel which witnesses saw him go 494 00:33:30,720 --> 00:33:34,520 Speaker 1: to putting things in that day that Teresa was abducted 495 00:33:34,560 --> 00:33:39,040 Speaker 1: by him and was burning that day. Those burned remnants 496 00:33:39,040 --> 00:33:41,680 Speaker 1: were found in his burned barrel. That is something you 497 00:33:41,680 --> 00:33:44,160 Speaker 1: don't hear on on making a murder. As well as 498 00:33:44,640 --> 00:33:48,360 Speaker 1: the forensic matchup of the bullet. Also was Steven Averis 499 00:33:48,440 --> 00:33:53,600 Speaker 1: DNA on the hood latch to the hood of Teresa's 500 00:33:53,680 --> 00:33:57,960 Speaker 1: Raft four UH. The battery had been disconnected on that 501 00:33:58,120 --> 00:34:02,520 Speaker 1: vehicle when it was found and obviously the hood had 502 00:34:02,560 --> 00:34:04,360 Speaker 1: to be open for that to be done. And Stephen 503 00:34:04,360 --> 00:34:07,280 Speaker 1: a reasoning and he is there. The license plates were 504 00:34:07,320 --> 00:34:11,320 Speaker 1: taken off of thereat for and those were found drawing 505 00:34:11,400 --> 00:34:14,160 Speaker 1: in a junk vehicle just down the road from Stephen 506 00:34:14,160 --> 00:34:18,479 Speaker 1: Avery's trailer. So as you can see there there's quite 507 00:34:18,520 --> 00:34:23,880 Speaker 1: a bit of physical, scientific, physical evidence that pointed towards 508 00:34:23,880 --> 00:34:26,560 Speaker 1: Stephen Avery and no one else. John Lee, I've gone 509 00:34:26,680 --> 00:34:32,720 Speaker 1: over and over the physical evidence. I know that Dassy 510 00:34:32,760 --> 00:34:37,319 Speaker 1: confessed to his mother, his cousin and others. I mean, 511 00:34:37,400 --> 00:34:39,759 Speaker 1: he would already be up for parole right now if 512 00:34:39,840 --> 00:34:43,360 Speaker 1: he had taken a deal that Kaczinsky, the first lawyer, 513 00:34:43,400 --> 00:34:46,600 Speaker 1: was trying to get for him. But instead his defense 514 00:34:46,680 --> 00:34:49,840 Speaker 1: lawyers put new defense lawyers put him on the stand 515 00:34:49,880 --> 00:34:56,680 Speaker 1: with this unbelievable defense. What about the evidence, John Lee, 516 00:34:57,200 --> 00:35:01,840 Speaker 1: and tell us everything makes you BELI leave that Dassy 517 00:35:01,960 --> 00:35:07,720 Speaker 1: and then Avery in fact and murdered her on Dassy briefly, 518 00:35:07,880 --> 00:35:11,640 Speaker 1: it's the forensic evidence. There's so much of it. Um 519 00:35:11,960 --> 00:35:17,640 Speaker 1: on Dassy. People forget that Dassy had information that the 520 00:35:17,640 --> 00:35:21,640 Speaker 1: the investigators did not have at that time. They looked 521 00:35:21,640 --> 00:35:25,120 Speaker 1: at the hood latch, they looked at the garage, they 522 00:35:25,239 --> 00:35:29,520 Speaker 1: picked up his blue jeans after some of his statements, 523 00:35:30,520 --> 00:35:34,319 Speaker 1: um and they did not rate him or threaten him 524 00:35:34,400 --> 00:35:38,080 Speaker 1: or anything. If if anybody looks at all of these 525 00:35:38,120 --> 00:35:43,040 Speaker 1: confessions that were entered into evidence, and eighteen months worth 526 00:35:43,080 --> 00:35:46,960 Speaker 1: of hearings before the trial they would see that if anything, 527 00:35:47,040 --> 00:35:51,800 Speaker 1: Tom floss Fender and Mark Weigers treated Brendan with kid gloves, 528 00:35:52,640 --> 00:35:56,680 Speaker 1: they did not threaten or anything else. Um, if somebody 529 00:35:56,719 --> 00:35:59,080 Speaker 1: tells me, you know, the truth will set you free. 530 00:35:59,360 --> 00:36:03,120 Speaker 1: I don't think that is a threat. If you confess, 531 00:36:03,200 --> 00:36:07,080 Speaker 1: you can sleep tonight. Brendon, if he wasn't sold down 532 00:36:07,120 --> 00:36:10,759 Speaker 1: the river by his grandparents, he'd be looking at for 533 00:36:10,920 --> 00:36:14,360 Speaker 1: all pretty quick. He would have ten years of his 534 00:36:14,520 --> 00:36:20,040 Speaker 1: sentence inn already. And you know there's jailhouse recordings and 535 00:36:20,080 --> 00:36:24,120 Speaker 1: everything else, and the threats from from Avery and from 536 00:36:24,160 --> 00:36:31,440 Speaker 1: his dad and other people. The the evidence as it 537 00:36:31,600 --> 00:36:36,919 Speaker 1: built was just overwhelming against him. And we went through 538 00:36:36,960 --> 00:36:41,600 Speaker 1: this for twenty months. Um, and then making a murderer 539 00:36:41,640 --> 00:36:48,040 Speaker 1: comes out the first week in michikott before Dascy, while 540 00:36:48,080 --> 00:36:52,680 Speaker 1: well before Dascy and before Avery was arrested. When the 541 00:36:52,840 --> 00:36:57,799 Speaker 1: Associated Press and Milwaukee and Chicago TV stations asked me 542 00:36:57,840 --> 00:37:00,799 Speaker 1: who these two women were, who would tell them it's 543 00:37:00,840 --> 00:37:05,520 Speaker 1: that that's the Avery pr her, and I said that 544 00:37:05,680 --> 00:37:10,680 Speaker 1: was week one during the entire trials. They arrived for 545 00:37:10,760 --> 00:37:16,440 Speaker 1: trial with averys they left for Averis and had with 546 00:37:16,560 --> 00:37:19,480 Speaker 1: averies that had lunch. They left with them at the 547 00:37:19,600 --> 00:37:24,440 Speaker 1: end um they were joined at the hip, and it 548 00:37:24,520 --> 00:37:26,920 Speaker 1: was pretty obvious to see where this was going from 549 00:37:27,040 --> 00:37:31,759 Speaker 1: day one. Listen to this. I'm just gonna revisit one thing. 550 00:37:31,960 --> 00:37:35,120 Speaker 1: When you're in the bedroom and you cut her throat. 551 00:37:37,040 --> 00:37:41,400 Speaker 1: Previously he said that you thought she was alive. Is 552 00:37:41,440 --> 00:37:44,680 Speaker 1: that still your thought on that? And why was that? 553 00:37:45,920 --> 00:37:48,920 Speaker 1: Because she was pretty a little bit she was like China, 554 00:37:51,200 --> 00:37:55,239 Speaker 1: not China breathing this hows she could from screaming up 555 00:37:55,360 --> 00:37:59,640 Speaker 1: screaming lost. She was screaming a lot, he wasn't she 556 00:38:00,080 --> 00:38:06,799 Speaker 1: us when you cut her throat? Was she screaming when 557 00:38:06,800 --> 00:38:09,279 Speaker 1: you cut her throat? Because when you're screaming a lot, 558 00:38:09,400 --> 00:38:13,680 Speaker 1: you're like your your breathing goes off. Her home explained 559 00:38:13,719 --> 00:38:15,160 Speaker 1: that a little bit. You said she was screaming up. 560 00:38:15,239 --> 00:38:20,239 Speaker 1: When was she screaming up by while you were doing it, 561 00:38:20,320 --> 00:38:31,200 Speaker 1: after you did it, before you did it before when 562 00:38:31,239 --> 00:38:37,120 Speaker 1: you cut her throat, What was she doing if anything 563 00:38:38,880 --> 00:38:53,040 Speaker 1: like screaming for help and crying? I want to I 564 00:38:53,040 --> 00:38:55,480 Speaker 1: want to get that straight. She was screaming for help 565 00:38:55,520 --> 00:39:00,440 Speaker 1: and crying when you cut her throat? Yeah, when Steven 566 00:39:00,480 --> 00:39:09,600 Speaker 1: choker or strangler like a little bit after Well, let's 567 00:39:09,680 --> 00:39:12,160 Speaker 1: let's just go back a little bit. Okay, tell us 568 00:39:12,480 --> 00:39:16,759 Speaker 1: what exactly happened to her? What order had happened? He said, 569 00:39:16,800 --> 00:39:20,360 Speaker 1: they were basically three things prior to you guys shooting her. 570 00:39:20,719 --> 00:39:27,680 Speaker 1: Explain those in the order that it happened. Starting when 571 00:39:27,680 --> 00:39:30,640 Speaker 1: I got in a room. Yeah, what what you guys 572 00:39:30,680 --> 00:39:39,160 Speaker 1: did to her? It's sex list? Okay. Then he stabbed her? 573 00:39:39,600 --> 00:39:44,480 Speaker 1: And who stabbed her? He did? Who's he step? Okay? 574 00:39:44,760 --> 00:39:52,319 Speaker 1: And then what then I caught her throat? Okay, he 575 00:39:52,480 --> 00:39:57,640 Speaker 1: choked her? Knock off her hair? Okay, So he choked 576 00:39:57,640 --> 00:40:01,000 Speaker 1: her after you cut her throat? He to I think, 577 00:40:01,040 --> 00:40:04,399 Speaker 1: answer that question, it's simple. It's the confession, and that's 578 00:40:04,440 --> 00:40:06,640 Speaker 1: what that the heart of this appeal. And if you 579 00:40:06,680 --> 00:40:10,240 Speaker 1: read the dissenting opinion, it was a four three decision. 580 00:40:10,320 --> 00:40:14,000 Speaker 1: It was extremely close. So if you read the dissenting opinion, 581 00:40:14,200 --> 00:40:17,120 Speaker 1: they raised one point that's critical, which is that the 582 00:40:17,160 --> 00:40:21,720 Speaker 1: state court in Wisconsin did not take into account Stephen 583 00:40:21,760 --> 00:40:25,759 Speaker 1: Avery's age as a juvenile and his diminished mental capacity. 584 00:40:26,080 --> 00:40:28,399 Speaker 1: So if the U. S. Supreme Court thinks that that's 585 00:40:28,440 --> 00:40:32,480 Speaker 1: important enough, they'll take it and it's the confession that caught, 586 00:40:32,560 --> 00:40:37,000 Speaker 1: particularly to Brendan Dascy, that caught everyone's attention because of 587 00:40:37,000 --> 00:40:40,440 Speaker 1: the length, because of the twenty questions that the detectives 588 00:40:40,440 --> 00:40:44,400 Speaker 1: played with him that game, giving him answers throughout feeding 589 00:40:44,480 --> 00:40:47,880 Speaker 1: him quite feeding him the answers, telling him are things 590 00:40:47,880 --> 00:40:50,719 Speaker 1: that you know the truth will set him free, and 591 00:40:50,880 --> 00:40:53,759 Speaker 1: convincing him over time that this is what he was 592 00:40:53,800 --> 00:40:58,200 Speaker 1: supposed to say. That's haught everyone's attention, and I think 593 00:40:58,239 --> 00:41:00,920 Speaker 1: that's at the heart of it. The question, the technical one, 594 00:41:00,920 --> 00:41:03,120 Speaker 1: whether Supreme courts didn't want to hear that or not. 595 00:41:03,440 --> 00:41:05,800 Speaker 1: And sometimes you know the Supreme Court, with their Ivy 596 00:41:05,840 --> 00:41:08,560 Speaker 1: League background, they like to keep their noses in the air, 597 00:41:08,640 --> 00:41:10,640 Speaker 1: the ivory cloud. They may not want to get down 598 00:41:11,200 --> 00:41:13,960 Speaker 1: in the jerk, but everyone else knows that that confession. 599 00:41:14,640 --> 00:41:18,160 Speaker 1: Detective Tom Fastbender, I'd like to hear your response to 600 00:41:18,640 --> 00:41:26,000 Speaker 1: venue again. There was many denials. There were many occasions 601 00:41:26,000 --> 00:41:29,080 Speaker 1: when nothing was said to him during that particular areaw 602 00:41:29,120 --> 00:41:31,279 Speaker 1: Plus you have to look at the whole picture. He 603 00:41:31,440 --> 00:41:36,000 Speaker 1: was talked to two, four, four or five times prior 604 00:41:36,080 --> 00:41:39,759 Speaker 1: to that particular interview, not necessarily by myself. Where he 605 00:41:39,840 --> 00:41:43,960 Speaker 1: made it was extremely evident that he was knowingly lying, 606 00:41:44,600 --> 00:41:47,479 Speaker 1: that he was protect trying to protect Stephen, and it's 607 00:41:47,520 --> 00:41:52,040 Speaker 1: something serious with bothering him. And so law enfortunately went 608 00:41:52,080 --> 00:41:55,040 Speaker 1: back to him because there was some concern in a 609 00:41:55,160 --> 00:41:59,200 Speaker 1: belief that he had witnessed something horrible, not that he 610 00:41:59,280 --> 00:42:02,600 Speaker 1: had parked, you know, that he had partaken in anything horrible, 611 00:42:03,080 --> 00:42:05,160 Speaker 1: but that he had witnessed something horrible. So we were 612 00:42:05,600 --> 00:42:08,640 Speaker 1: talking to him about that. We received information from a 613 00:42:08,760 --> 00:42:11,960 Speaker 1: cousin and from the school that something was bothering him 614 00:42:11,960 --> 00:42:15,840 Speaker 1: and he was making statements. So going into the interviewing 615 00:42:15,960 --> 00:42:19,600 Speaker 1: question again, there was an interview of what we felt 616 00:42:19,680 --> 00:42:23,680 Speaker 1: was a witness until he began making admissions that that 617 00:42:23,800 --> 00:42:28,120 Speaker 1: we were tying him through his involvement in this horrible crime. 618 00:42:28,320 --> 00:42:32,680 Speaker 1: If you look at the totality of all the times 619 00:42:32,760 --> 00:42:37,520 Speaker 1: that Brendan was interviewed, Tom and Mark Wager did not 620 00:42:39,000 --> 00:42:42,799 Speaker 1: threaten him or bade him. They did not put him 621 00:42:42,880 --> 00:42:47,080 Speaker 1: under hot wide lights and withhold that's that's not the issue. 622 00:42:47,280 --> 00:42:51,360 Speaker 1: That's not the issue. This video again and him answers 623 00:42:52,120 --> 00:42:56,320 Speaker 1: whether a person who was a juvenile was was treated properly. 624 00:42:56,880 --> 00:42:59,640 Speaker 1: There's nobody saying that the detectives beat this kid. No 625 00:42:59,719 --> 00:43:02,720 Speaker 1: one saying that. But that's not the issues. The issue 626 00:43:02,760 --> 00:43:05,520 Speaker 1: whether when you deal with the juvenile and whether you 627 00:43:05,600 --> 00:43:08,360 Speaker 1: have somebody who's in a diminished mental capacity with a 628 00:43:08,480 --> 00:43:12,799 Speaker 1: seating him answers is proper. And the Supreme Court said 629 00:43:12,800 --> 00:43:17,680 Speaker 1: that this is a question. Now number one issue is 630 00:43:18,239 --> 00:43:22,720 Speaker 1: number one. The issue is coersion And he was not correct. 631 00:43:22,840 --> 00:43:26,359 Speaker 1: They did not where did you take many foreigns there? 632 00:43:27,640 --> 00:43:31,160 Speaker 1: Where did you take many statis? And also, don't put 633 00:43:31,200 --> 00:43:34,560 Speaker 1: this guy up like he's the sixty I Q. He 634 00:43:34,760 --> 00:43:38,759 Speaker 1: was in mainly mainstream classes at Michikat High school. He 635 00:43:38,880 --> 00:43:46,439 Speaker 1: has led classes. Uh, you know, coersion. Coersion is the issue, 636 00:43:46,560 --> 00:43:52,040 Speaker 1: I think, and editing is the issue, to be honest, 637 00:43:52,680 --> 00:43:55,600 Speaker 1: I think that's the way the editt Brennan's confession. So 638 00:43:55,640 --> 00:44:00,000 Speaker 1: it's ten minutes, probably ten hours of statement that interviews 639 00:44:00,239 --> 00:44:03,200 Speaker 1: and cherry picked exactly what they wanted you to see. 640 00:44:03,480 --> 00:44:07,520 Speaker 1: That's the issue. It's how they portrayed his confession, how 641 00:44:07,560 --> 00:44:11,279 Speaker 1: they portrayed everything else in their film. And that's why 642 00:44:11,320 --> 00:44:15,200 Speaker 1: the public felt outraged because when you look at that confession, 643 00:44:15,280 --> 00:44:18,719 Speaker 1: what they showed on making a murder, my heart was broken. 644 00:44:19,280 --> 00:44:22,320 Speaker 1: I wanted Brendan to be free, and I think Brendan 645 00:44:22,440 --> 00:44:25,200 Speaker 1: is a much different situation than Stephen. I think Brendan 646 00:44:25,239 --> 00:44:27,680 Speaker 1: would have never done anything like this on his own. 647 00:44:28,120 --> 00:44:32,080 Speaker 1: But to say Brendan was completely coerced and fed the 648 00:44:32,160 --> 00:44:36,040 Speaker 1: answers when he knew there was information that he liked 649 00:44:36,080 --> 00:44:40,240 Speaker 1: them too. So I I completely disagree with that part 650 00:44:40,280 --> 00:44:43,000 Speaker 1: of it, and I just wanted to say that because 651 00:44:43,080 --> 00:44:45,680 Speaker 1: I think that it's very much unfair with the editor 652 00:44:45,760 --> 00:44:49,200 Speaker 1: the filmmakers did, and John's right. They were advocates for 653 00:44:49,280 --> 00:44:53,040 Speaker 1: Stephen Avery. They they had phone calls with Stephen Avery. 654 00:44:53,080 --> 00:44:55,759 Speaker 1: They were his body. So for them to say that 655 00:44:55,840 --> 00:44:59,440 Speaker 1: they were not looking for UH, they were out for 656 00:44:59,520 --> 00:45:03,440 Speaker 1: criminal justice reformed. And tell a truth story, don't don't 657 00:45:03,440 --> 00:45:08,040 Speaker 1: impolish it, don't omit, don't place, and don't cut all 658 00:45:08,200 --> 00:45:12,000 Speaker 1: important parts of the constetuers whose side. Let people make 659 00:45:12,040 --> 00:45:15,520 Speaker 1: their own decision and show a true story, not their story, 660 00:45:15,600 --> 00:45:19,439 Speaker 1: not their force narratives. That's how I feel about how 661 00:45:19,719 --> 00:45:23,320 Speaker 1: people are also by this film. Also, if I've on 662 00:45:23,480 --> 00:45:30,080 Speaker 1: yet um, Also if somebody wants a quick concrete example 663 00:45:30,200 --> 00:45:35,400 Speaker 1: of creative editing without looking at ten hours of interviews 664 00:45:35,400 --> 00:45:38,520 Speaker 1: and comparing then to the short ones that were showed 665 00:45:38,520 --> 00:45:41,680 Speaker 1: to making a murderer. Look at some of the graphic 666 00:45:41,760 --> 00:45:45,000 Speaker 1: examples that Ken Kratz's book on how that was edited 667 00:45:45,840 --> 00:45:50,719 Speaker 1: from the testimony from the transcripts compared to what was 668 00:45:50,880 --> 00:45:54,239 Speaker 1: in making a murderer. Um, you know, it was a 669 00:45:54,239 --> 00:45:58,720 Speaker 1: hack job and it rooted people's lives. Ah. I still 670 00:45:58,760 --> 00:46:01,239 Speaker 1: feel sorry for Ken's for what happened to him on 671 00:46:01,360 --> 00:46:05,319 Speaker 1: different thing. But the whole thing is, people have to 672 00:46:05,400 --> 00:46:11,680 Speaker 1: remember this is not about Brenda Dassy's capacity somewhere. People 673 00:46:11,760 --> 00:46:14,360 Speaker 1: have to remember this is about Teresa hall Box and 674 00:46:14,400 --> 00:46:22,000 Speaker 1: what happened to her. It is about Brandon. It's about 675 00:46:22,040 --> 00:46:25,359 Speaker 1: whether juvenile to receive justice, whether he was given due 676 00:46:25,360 --> 00:46:28,680 Speaker 1: process under the law. Those are the legal issues you're raising. 677 00:46:31,520 --> 00:46:33,600 Speaker 1: Those all were a drafted to his appeals and they 678 00:46:33,640 --> 00:46:39,359 Speaker 1: were turned down and actually appealed the same exact right 679 00:46:39,680 --> 00:46:43,000 Speaker 1: and it was rejected. It just this two weeks ago, 680 00:46:43,440 --> 00:46:46,120 Speaker 1: So I'm sorry a week ago, and this is an 681 00:46:46,120 --> 00:46:48,120 Speaker 1: issue that's going to be raised to the Supreme Court. 682 00:46:48,480 --> 00:46:50,920 Speaker 1: I mean, it was a very close decision. There was 683 00:46:50,920 --> 00:46:55,040 Speaker 1: a four and what I'm saying and I and that's 684 00:46:55,040 --> 00:46:56,759 Speaker 1: a long shot. And I'll be the first one to 685 00:46:56,800 --> 00:46:59,000 Speaker 1: tell you that that's a long shot. But what I'm 686 00:46:59,000 --> 00:47:02,160 Speaker 1: saying is it's Ard wants to get the head its 687 00:47:02,200 --> 00:47:04,759 Speaker 1: head out of the clouds and actually look at this. 688 00:47:05,280 --> 00:47:08,359 Speaker 1: It's a question of whether the police should be able 689 00:47:08,360 --> 00:47:12,799 Speaker 1: to interro juveniles and those with limited mental capacities and 690 00:47:13,000 --> 00:47:16,520 Speaker 1: use their red technique, which is technique detective use and 691 00:47:16,719 --> 00:47:20,440 Speaker 1: use that changing law. You new, that's changing law. You 692 00:47:20,480 --> 00:47:24,120 Speaker 1: know that's not possible at the Supreme court level. They're 693 00:47:24,239 --> 00:47:27,560 Speaker 1: asking to change law. Our program today would not be 694 00:47:27,600 --> 00:47:32,120 Speaker 1: possible without our partners. I really can't thank you enough 695 00:47:32,320 --> 00:47:35,479 Speaker 1: for joining us, and I can't thank our partners enough 696 00:47:35,520 --> 00:47:38,440 Speaker 1: for making our program possible. And I want to thank 697 00:47:39,080 --> 00:47:42,200 Speaker 1: this partner that means a lot to me. Link A 698 00:47:42,440 --> 00:47:46,200 Speaker 1: k C. Now you know I love my pets, and 699 00:47:46,280 --> 00:47:49,040 Speaker 1: currently in our house right now, we have six pats 700 00:47:49,080 --> 00:47:52,560 Speaker 1: and Lucy's threatening to get another guinea pig. Okay, you 701 00:47:52,600 --> 00:47:54,960 Speaker 1: know guinea pigs. They do nothing but eating poop and 702 00:47:55,000 --> 00:47:57,680 Speaker 1: sit there and be cute all day. 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Detective Tom fast Spender, 738 00:49:57,480 --> 00:50:02,000 Speaker 1: Brenda working on the case, John Lee from the Post Crescent, 739 00:50:02,840 --> 00:50:07,800 Speaker 1: and Venu Van Geese. Thank you to all of you listening. 740 00:50:08,600 --> 00:50:10,279 Speaker 1: We are not letting up on the choice of the the 741 00:50:10,320 --> 00:50:15,839 Speaker 1: hallback case. Nancy Grace, i'ms Tories signing off. Goodbye friend,