[WIEGERT] I'm just gonna come out and ask you.
Who shot her in the head?
[BRENDAN] He did.
[FASSBENDER] Why didn't you tell us that?
[BRENDAN] 'Cause I couldn't think of it.
[FASSBENDER] Now you remember it?
Tell us about that, then.
That he shot her with his .22.
- [WIEGERT] You were there, though. - [BRENDAN] Yeah.
[WIEGERT] Where did this happen?
[BRENDAN] Outside.
[WIEGERT] Outside? Before?
Tell me when it happened.
When we brung her outside to throw her in the fire.
[WIEGERT] OK. So, let's back up.
[FASSBENDER] Brendan, we're in the bedroom yet, OK?
[WIEGERT] Where do you take her?
[BRENDAN] Take her outside on the side of the garage and shoot her.
[WIEGERT] You take her outside the garage and shoot her?
[BRENDAN] On the side of it, yeah.
[WIEGERT] Was she ever in the garage?
No.
[FASSBENDER] We know that some things happened in that garage
and in that car.
We know that.
You need to tell us about it so we know you're telling us the truth.
I'm not gonna tell you what to say. You need to tell us.
[WIEGERT] Tell us where she was shot.
[BRENDAN] In the head.
[WIEGERT] No, I mean where. In the garage, outside, in the house?
In the garage.
[WIEGERT] OK.
After obtaining the information that was obtained from Brendan,
we felt there might be areas that we needed to recheck
for blood evidence, for items used
in the commission of these crimes.
Agents and investigators continue
to search the Steven Avery property.
We are searching his residence
and searching the garage near his residence
because we now know that the garage was part of the crime scene.
[NORM] I would ask if Detective Wiegert would bring you Exhibit 277.
Can you identify that exhibit that's in front of you, Ms. Culhane?
Yes.
This is Crime Lab Item Designation FL,
and it is a lead bullet fragment.
[DEAN STRANG] In your opinion, the cause of death here
was...
one or two gunshot wounds?
- Yes. - To the head?
- [JEFFREY] Correct. - Alright.
Tell the ladies and the gentlemen of the jury
what information you have here
that allows you to conclude that either of these gunshot wounds
occurred while the victim was alive.
That is, bullet struck bone while that person was alive.
I was, um, given information
that there was a spent bullet recovered at the scene
that contained the blood specimens of, um, the decedent.
And that would be indicative to me
that the bullet had passed through the brain
at a time where there was liquefied blood,
or that it wasn't going through specifically bone fragments.
Um...
And I would think that would be the predominant...
That would be information that I think would be helpful
in making that type of opinion.
Alright.
We've certainly had testimony
that Teresa Halbach's DNA was found
on a bullet fragment.
[JEFFREY] Correct.
I, at least, recall no testimony that Teresa Halbach's blood
was found on a bullet fragment,
but the jury will decide in the end, that.
[KATHLEEN] The State established cause of death through Dr. Jentzen,
who's a forensic pathologist from Milwaukee.
And Dr. Jentzen testified that Teresa Halbach died
as a result of being shot in the head.
And in his opinion, the bullet fragment, which is FL,
passed through her brain
and ended up on Avery's garage floor.
The State presented no evidence in the Steven Avery trial
that any other part of Teresa Halbach's body was shot
and that the cause of death was connected to anything
other than the bullet fragment, FL,
that was found on the floor in the garage.
[THEME MUSIC PLAYS]
- Synced & corrected by MementMori - -- www.addic7ed.com --
Somewhere, I don't see my... Oh, my bucket of scapulas.
This is one of three fresh scapulas, bovine scapulas,
and as you can see by the backlighting,
that they're thinnest in here.
Things that are more comparable to human skull,
around six millimeters, seven, eight, even nine,
are down in here.
So, these are the areas, or out in here, or over in here,
where I'll set up and shoot.
I'm gonna position one of these against
a block of soft tissue simulant,
at about six inches in length.
That's about the distance across a brain.
And then the second piece of bone.
If this bullet is associated with a
through-and-through shot on the victim,
it had to go through two pieces of bone,
one going in and one coming out.
[KATHLEEN] I started talking to ballistic experts
about whether a .22 long rifle could exit the skull,
and I was told it's a rare, rare event.
Because it's such a small projectile,
it doesn't have the energy to exit the skull.
But the expert I ended up with,
and the one I think is the most knowledgeable,
told me it could happen.
But he immediately alerted me to the fact
that there should be bone fragments
in the .22 lead.
[LUKE] OK, gun's loaded.
[COCKS RIFLE]
Gun's safe.
Ah.
Now, we have complete passage through the first block.
Did not go through the second piece of bone.
This one traveled...
See how small that is at the end?
It's like a needlepoint. The velocity is spent.
It has...
Didn't even have the ability to make a mark.
Let me fetch that one out to look at
back at the conference room.
[GUNSHOT]
[CHRIS] So, this is one of the exemplar bullets
that was shot by Luke Haag.
This brings a lot of the bullet into focus at once.
Right here is an area that's kind of lighter colored.
- [KATHLEEN] Yes. - And the contrast...
Here's another area.
- [CHRIS] I'll show you a better one. - OK.
[CHRIS] All of this is material that's embedded
into the surface of the bullet.
All of these whitish areas here.
And you can see this is before it was washed.
- Here. - [KATHLEEN] Oh.
- [KATHLEEN] So that's after? - This is after it was washed.
[CHRIS] So, you can see, after the washing for DNA extraction,
there's still almost as much, or maybe even as much,
material as we saw in the earlier image.
We'll go and take a look at this then in the SEM,
the scanning electron microscope,
where we can actually find out what these are composed of.
So, the SEM, this is a scanning electron microscope.
It uses electrons, that are negatively charged particles
that are accelerated towards the surface of your sample,
and then, as they bounce off, two things happen:
you can collect an image from the sample,
or you can get X-rays emitted from the sample,
which you can then analyze,
and based on their energy, we can tell what something's made out of.
Is it composed of carbon or oxygen or,
in the case of looking for bone,
is it composed of calcium and phosphorus?
And so, this is actually the surface.
- So, you can see some texture here. - [KATHLEEN] Mm-hmm.
[CHRIS] You can see some other texture over here.
[KATHLEEN] Yes.
By looking at the elemental data,
we can actually figure out what something's made out of.
Which is exactly what we need to do.
And so, if we look here, in this small image
are areas that are rich in phosphorus.
- [KATHLEEN] Yes. - And areas that are rich in calcium.
You can see that they correspond to each other.
[KATHLEEN] Yes.
And if we overlay them,
we end up with kind of a mixing of green and red,
and we end up with these yellow areas,
which are rich in calcium and phosphor.
- That would be consistent with bone. - [KATHLEEN] With bone.
I have requested the bullet fragment FL
from the Attorney General's office,
the bullet fragment that was under the air compressor in the garage.
The lead was examined by Sherry Culhane for blood,
and she never noted that there was any bone fragments.
And how did you process that bullet?
The first thing I did was, just like every item of evidence,
it was a visual examination.
There was nothing visual on the fragment.
[KATHLEEN] It was also examined by Mr. Newhouse
when he was doing his comparison with Steven's rifle.
[JERRY] Is this a comparison microscope with two fields?
[WILLIAM] Yes, it is.
You look through this microscope, and you make an eyeball comparison
based on your judgment, experience, and whatnot, right?
Exactly.
[KATHLEEN] Here's the point.
If FL went through two layers of thickness of her skull,
entrance, exit,
there would absolutely be bone fragments in the lead.
What I want to do is see what their reaction is to me telling them,
even though I can't date the blood,
that I have enough evidence to vacate the conviction.
To see if they... Because they just can't fathom that he's innocent.
- [DOUG] Really? - Yeah.
And I think they are two credible attorneys.
They just, I think, haven't thought through a lot of this stuff.
It's kind of fascinating because, in a way,
it's not a case of new evidence.
I mean, we have new evidence, but it's not gonna turn on that.
It's gonna turn on experts that should've been called
that existed at the time.
I think after a while they really realized
this is the right thing to do.
And I think it'll happen fairly quickly.
[KATHLEEN] That'll be huge because, you know,
we've got a lot of other forensic evidence that we can dispute.
But since the bullet supposedly caused the death,
if we can dismantle that theory with this testing,
then I think that the conviction has to be vacated.
Yeah, I would think these results could cast
serious doubt on everything else.
[KATHLEEN] You're right, because there's DNA found on the bullet,
so if we can refute that it went through her skull,
then that means the DNA was planted.
There's really no other explanation for it.
[DOUG] Yeah.
[DOGS BARKING]
Kathleen Zellner is a great lawyer.
And I think she's gonna do her job,
and she's gonna get Steven out.
- Kathleen's a tough lady. - She's very tough.
You can give her a lot of credit.
Yeah. Yeah.
But I give Laura Nirider and Steve Drizin a lot of credit, too,
for what they've done.
The reason why we weren't at the 7th Circuit
is because we figured that we would spend the day with Brendan.
And that's what we did.
We listened to some of it, but not all of it.
And I think the judges asked good questions,
you know, to the State and to Brendan's lawyers.
So...
I'm hoping they're more on Brendan's side
than the State's side, but...
It's a different state, different people, so it's...
more hopeful.
[BARB] Mm-hmm.
Than being here in the state of Wisconsin. It's...
If it was in the state of Wisconsin, there would be no chance.
[DRIZIN] Our best guess is that
it will take between six months and a year
for the 7th Circuit to rule.
[LAURA] The 7th Circuit Court of Appeals is being asked to decide
whether Judge Duffin was right or wrong.
Either Judge Duffin was right,
this conviction should be overturned
and that confession should be thrown out,
or the district court was wrong, Brendan should stay in prison.
[DRIZIN] It does not have to be a unanimous decision.
There were three judges on that panel,
and whoever can command two votes will win this round.
If we win, our next step will be to seek an appeal bond
that would enable Brendan to be released
while this case continues to drag its way through the courts.
If we lose,
the first step is to try to get the entire 7th Circuit,
all of the judges, to hear the case.
If the 7th Circuit decides it does not want to hear the case,
there's one more step in the process,
and that's asking the United States Supreme Court
to review the decisions of the 7th Circuit.
Either way, win or lose,
Laura and I will keeping fighting until we're out of cards
to try to get Brendan home and back with his family.
[SCOTT] Hey, is it warm down there today?
[BRENDAN] Yeah. There's the heat advisory.
They're supposed to hand out Gatorade,
but they don't got it out here yet.
[BARB] No?
[BRENDAN] Yeah, they're supposed to. That's one of the rules.
Especially since the ice machine's out of ice.
[BARB] Again?
[BRENDAN] Yeah, because people fill up their pitchers.
They're not supposed to do it.
The guards tell them not to, but they still do.
I keep telling the people that fill up their pitchers,
they gotta stop doing that.
And they always tell me, "stop complaining."
[BARB] Yeah.
[BARB] We're doing OK.
Some days it's tougher than others, but...
[BOTH LAUGH]
... that's expected.
We're doing OK.
[SCOTT] It's... The waiting game sucks.
But the waiting might be worth its while.
[SCOTT] Right.
It's been a long 11 years.
It's been a long year, too.
Yeah, this last year's been
probably one of the worst since the first couple.
I think the judges will do the right decision.
I really do. I can feel it.
If it does go the wrong way,
then I think they're all in cahoots.
[CHUCKLES]
- Hope not. - Because if the world knows
what went on, these judges should, too.
[WIEGERT] Did you call anybody that morning,
like before you went to work, or in there sometime?
Well, I called, uh...
Auto Trader.
You called Auto Trader that morning?
I set up the appointment.
And what did they tell you, that somebody would come over and...
She told me, she don't know if she got her information already.
It might be this Monday or next Monday.
OK. Who did you call,
- do you remember? - Auto Trader.
The office, or did you call the photographer?
- The office. - The office, OK.
Did you tell them it was Steve calling, that you...
you got a car to sell or a truck to sell, or what?
It's under Barbara's name. I put it under her name.
OK.
Barbara's vehicle.
- Barbara's your sister. - Yeah.
And what's her last name again? Jan...
- Janda. - Janda. OK.
Steven Avery did not just come upon Teresa Halbach by accident.
He targeted her.
Teresa is lured onto the property.
He used a different phone number. He used a different name.
This was one of the main parts of the prosecution,
that Teresa was lured by Steven Avery to that property.
The State's theory
was that Steven was a sex-obsessed maniac
who lured Teresa to his property to kill her
after setting an appointment with her,
and that he was using deception
by calling and using the name "B. Janda."
The truth is, she knew where she was going.
At 2:27 p.m., she told Dawn Pliszka at Auto Trader magazine
that she was on her way to the Averys'.
She had been to the Avery property five times before October 31st,
and she had done a hustle shot on October 10th for Steven.
A hustle shot was not an appointment
that was scheduled through Auto Trader,
but an appointment she set up herself.
So, Steven... She had given Steven her cell phone number.
She was obviously comfortable enough
to give him her cell phone number.
[JERRY] You recognize the name Janda, J-A-N-D-A, right?
That's what I could make out...
- [JERRY] OK. - ... from what he had said.
And you knew that the Jandas and the Averys
are basically the same people, same area, right?
No, I did not.
- You didn't? - No.
Let me show you Exhibit 19.
See if maybe this refreshes your recollection a little bit.
So, you actually ran this report yourself.
Yes.
On, in this particular instance,
September 19th of 2005, right?
Yes.
And the very first name listed there is Tom Janda, is it not?
Yes, it is.
And the address there, would you read that off, please?
[DAWN] 12930A Avery Road.
[JERRY] Is that the same address that you have here on Exhibit 17,
the photo shoot that you filled out on October 31?
[DAWN] Yes.
[JERRY] Now, you did know that Mr. Avery had
Teresa's direct phone number, right?
[DAWN] No, I did not.
[JERRY] Were you aware that he had done a
privately-arranged shoot with her
on October 10th?
I was... they...
Those were called hustle shots,
and I didn't have any information about those,
so I wouldn't have known.
Well, since it appears that Mr. Avery
had made a private hustle arrangement
with Teresa Halbach in the past,
do you know of any reason why he couldn't
have also done that on October 31st?
Unless he would've lost her phone number,
no, I wouldn't know.
Let's put it this way.
If he had wanted to kill Teresa Halbach,
he could've simply called her directly
instead of calling your office and leaving a red trail...
an easy trail right to his house, couldn't he?
Yes.
[JERRY] Now, about 90 percent of the shoots
that the photographers do
come from Auto Trader to the photographer?
Yes.
[JERRY] But there's something else
where maybe ten percent on average of a photographer's shoots
- are called "hustle shots," right? - [ANGELA] Yes.
And those are where leads come not from Auto Trader,
but from the photographer him or herself.
Yes.
And there's an incentive for photographers to do that
because they get paid more on hustle shots, don't they?
Yes.
[JERRY] What was the pay for an Auto Trader lead, typically?
Typically, 8.75.
[JERRY] Eight dollars and seventy-five cents for one photo?
- One photo. - [JERRY] OK.
And what about a hustle shot?
Eighteen seventy-five.
OK, and would it be fair to say
that Teresa did have a history of using these hustle shots
for some extra income?
Sure, yes.
[JERRY] And maybe you'll need to take a moment to look at these,
but what Teresa told you on these forms
is that she did 12 hustles in these 15 days?
[ANGELA] Correct.
[JERRY] And your office would not even know about any hustle shots
unless and until the photographer sent that information back to you
at the end of the day, right?
Yes.
So, on October 31st of 2005,
if Teresa Halbach had done a hustle shot,
you would not have known it in advance, would you?
[ANGELA] No.
So, bottom line is, from your records,
you don't know and cannot tell this jury
whether or not Teresa Halbach
left Mr. Avery's property on October 31
and went somewhere else to do a hustle shot. Isn't that right?
- [ANGELA] That's correct. - Thank you.
One follow-up question, Ms. Schuster.
The real bottom line is, if Ms. Halbach was killed by Mr. Avery,
she couldn't have done any hustle shots after that, could she?
That would be correct.
The point of the hustle shot is that the State wants to argue
and, in fact, put out into the media
as quickly as November 4th, and maybe even November 3rd,
that Steven Avery was the last person to see her,
when they didn't know that, and they don't know that to this day.
[REPORTER] Can we expect to maybe see evidence of a hustle shot
or another phone call following that, possibly?
I think you can figure it out for yourself.
If...
If we're saying that someone else did the hustle shot,
or she got a hustle shot with someone else,
do you think that person would come forward with evidence?
[REPORTER] But the hustle shot would've likely...
Wouldn't it have been arranged through her cell phone?
Or they would wave her down.
That's that girl from Auto Trader. "Hey, can you... ?"
As we showed,
there's evidence that she actually
did do hustle shots just like that.
[KATHLEEN] My goal is to undermine confidence in the verdict.
I don't have to show what actually happened,
but I want to know what happened to her.
Because I think it's a disgrace.
I think it's a disgrace to someone's life and their memory
that nobody cared enough to do this work,
to figure out what did happen to them
and who did it.
[KATHLEEN] We started constructing about a six-week pattern
of Teresa Halbach's activities from the cell phone towers.
And we started noticing that there was a consistency
with her travel and the accuracy of the cell phone towers.
So, even though there's some debate among cell phone tower experts
that it can't be that accurate,
her calls are dead on with where her appointments are.
We're seeing an accuracy as she's traveling around.
We can see it in the cell phone towers.
Why is that important?
It's important because it sets up a time frame
of when we think she was at Avery's and when she left Avery's.
So, at 2:24 p.m., we know on the cell phone tower
that she's around the Zipperers', but then she heads north.
2:27 p.m. to 2:31 p.m., she's on the phone
with Dawn Pliszka at Auto Trader magazine,
and Teresa reported she was on her way to the Avery's.
And then she's pulling up to the Avery property at 2:31 p.m.
[WIEGERT] You're outside, she's outside,
and you pay her $40.
OK. And then what happens?
Then she give me the book, shut the door.
I walk toward the house.
I put the book by the computer.
[WIEGERT] Mm-hmm.
I came back out.
And I was gonna go walk over by Bobby...
but then his vehicle was gone.
You walk in the house, put the magazine down,
you come out and Bobby's vehicle is gone?
- Bobby's vehicle was gone. - OK.
Then I looked up by the road and I seen her.
[STEVEN] She was almost by the end of the road.
She had her signal light to turn.
[WIEGERT] Teresa, you mean? OK.
Which signal light did she have on, right or left?
- The left. - The left.
She was going towards the I-system.
[KATHLEEN] Our theory is, Teresa leaves the Avery property
and makes a left turn.
I believe that Teresa was heading home that afternoon
because we found a day planner that she'd filled in for the 31st,
and one thing that it indicated
was that she wanted to go to her mother's house before 3:00 p.m.
And so, she was on a schedule to be back in Hilbert
on or before 3:00 p.m.
Her route home, what she would've done is take a left on Q
and headed south on Q.
The last call, the call that she forwards
when her phone is still active,
is made at 2:41.
That call pings off a cell phone tower
miles away from the Avery property,
the Whitelaw tower.
So, she's clearly on her way home
when she hits that call-forward button at 2:41.
I believe the cell phones place her in the vicinity of Kuss Road.
Kuss Road leads into the quarry.
Could she have had something set up at the quarry to do a shot?
Or if someone saw her,
they could've just flagged her down to do a hustle shot.
Could something have happened?
Someone made a pass at her,
some reason that she decided to leave?
Because she's struck and knocked on the ground,
and then hit on the head, and then ultimately shot.
Yes.
It definitely... It could've happened that way.
It happened very quickly.
I'm sure disposing of the body
took much longer than the actual murder.
On the south side of Kuss Road,
before you get on Radandt's property,
is a wooded area.
Remember, that's where the scent dogs
ran over to the suspected burial site.
Law enforcement determines that it's not a burial site.
But what they failed to think about is,
because the scent dogs ran over
and a cadaver dog alerted on that spot,
isn't it possible that Teresa's car, with her body,
was parked in there for a few hours before she's burned?
Or is she laid out on the soil and maybe just barely covered up?
It's not a place anyone would've been looking.
No one even knows she's gone.
The Kuss Road entrance is isolated.
It's the entrance into the Radandt side of the quarry,
but you can access the Manitowoc side from there.
It's a very desolate place.
It is the place where you would kill someone.
[EDDIE] How far is Kuss?
[KURT] We'll follow this until we get to Q,
which I want to say is then a left on Q.
[EDDIE] Where's this go to?
[KATHLEEN] It goes into the quarry.
[KURT] So, from the end of the cul-de-sac, if you go straight east,
you actually hit Steven's trailer.
Did you get an impression how far off the road it was?
Because the dogs just come like a beeline.
Do you think it was out in here?
- I know that this area was taped off. - Yeah.
So maybe not that far back.
[KURT] Most of the photographs taken were from the road itself.
- [KATHLEEN] From the road. - [KURT] Can't see anything.
- [KATHLEEN] You can't. - Wouldn't have to be that deep.
Let's try to come in from that angle
and then see if we can...
[INDISTINCT CHATTER]
See that... there's kind of a...
- [KURT] Clearing out there? - Yeah, a clearing.
- [KURT] You want me to check it out? - Yeah.
I can go in a little bit, but...
See, I also thought maybe this possibly...
the car was ditched back here.
Like, if you pulled it back in there.
I just don't think...
So, we're saying, like, before they even know she's missing,
if you got it pulled into here, you'd never see it.
[KURT] No.
[KATHLEEN] Why don't we go up?
Steven was thinking there was a dumping ground back here
where the car could've been pulled in.
[KURT] Hmm.
[KATHLEEN] So, I don't know.
[KURT] I mean...
I think he was talking about the grade dropping off back here.
So, if you brought it inside, down that way.
Yeah. And in October or November of 2005, this berm wasn't here.
There was a track that ran along
the field all the way to Steven's trailer.
Right, because the trailer is right over there, right?
- Can you see it? - [KURT] Yeah.
- Maybe 200 yards. - [KATHLEEN] Right.
- It was a straight shot in. - [KURT] Yeah.
[KATHLEEN] Yeah.
- [KATHLEEN] You're home. - [DOLORES] Yeah.
Do you feel better being home?
- Oh, yeah. Yeah. - That's good.
[DOLORES] I talked to Steven this morning.
[KATHLEEN] Was that the first time you've talked
since you got home Wednesday?
Mm-hmm. That I talked to Steven.
[KATHLEEN] He must've been happy, yeah.
Oh, yeah.
- [KATHLEEN] Yeah, because he was... - I couldn't wait to get home.
[KATHLEEN] That's what Steven said.
He thought if you got home, you'd be OK.
- [DOLORES] Yeah. - You know?
So, it's good. Now you're back.
Yeah, I can do therapy by myself. I don't need nobody.
I'm sure you're way better than you were a week ago.
- [DOLORES] Oh, yeah, a lot better. - And by next week,
you'll be even better.
- And then, ultimately... - Ready to dance.
[KATHLEEN] You're gonna be ready to dance.
You're gonna be dancing all over.
- I'll come back, and you'll be dancing. - Yeah.
It's good you got all of them helping you.
- Huh? - It's good you got all of them helping.
Oh, yeah, I got enough help.
[KAYLA] Did anything happen yet?
Soon?
[LAUGHS]
I can't tell you...
I'm not gonna tell you when, I know when.
But you have to figure we haven't just been, like,
lollygagging around.
- [KAYLA] Mm-hmm. - So...
The first postconviction attorneys worked on it 900 days.
- [KAYLA] Wow. - I've been on it 400.
So we've been on it half the amount of time.
But you can't just throw something together.
I mean, you can throw it together, and you go nowhere.
You know? And everybody else has lost.
Everyone else has lost this thing.
[KAYLA] I know. It takes a lot. This is the last time. Last shot.
Yeah, but I got it all covered.
I got every single detail covered.
- That's good. - There's nothing for you to worry about.
You just want to be able to dance soon.
You're gonna need to dance. OK?
Alright, well, I'm gonna go, but I'll be in touch with you.
- Great. - Great, thank you.
[KATHLEEN] Yeah. You'll be hearing from me.
[DOOR CREAKS]
[DOOR CLOSES]
[STEVEN] When the truth comes out, people will know I didn't do it.
That's what I got the good attorney for, you know?
She's gonna get to the bottom of this and...
You figure, the killer's still out there.
He could have did it again.
Just like my last case.
If he was caught, he wouldn't have raped another woman.
So that crime wouldn't have happened.
[CHRIS] So, this is what I think is most likely wood.
[KATHLEEN] So, he's saying, Jeff, some of that stuff is wood.
[JEFF] OK.
[KATHLEEN] I guess that makes sense in the garage.
[JEFF] Yeah.
[CHRIS] Some of the wood particles look more like solid wood,
and some of it looks more like pressboard or plywood or something.
[CHRIS] We're gonna conduct an analysis,
and we'll get to see if we have any calcium or phosphorus.
[KATHLEEN] OK.
[CHRIS] I mean, if there are particles there,
then there should at least be some that are big enough that,
at this resolution, we can detect it.
So, these particles are maybe ten microns.
So, that's an eighth of your... Of a head hair, ballpark.
I'll pull the spectrum up.
I mean, there is a peak where calcium is.
There's no phosphorus peak.
[KATHLEEN] Because the calcium could be from the cement.
[CHRIS] It could be from all sorts of stuff.
If you take a sample of dust from somebody's garage floor...
If you take a sample of dust,
you're usually gonna find calcite in it.
It's kind of one of those ubiquitous components of dust.
You really need to see both.
If it's... If there's a lot based on that bullet, then...
[KATHLEEN] The whole case.
That is the cause of death, that fragment we have.
- Well, you now know that it isn't. - [KATHLEEN] Yeah.
In fact, there is something there,
and what's there is the wrong stuff.
[KATHLEEN] Mm-hmm. Yeah.
But you were able to detect all of this stuff,
but you weren't able to detect the bone.
The one thing that should be there under that theory...
And based on looking at them both
by stereomicroscopy and electron microscopy,
completely different texture,
what we're seeing in the questioned bullet
versus what we see in Luke's control shots,
and we don't see any of the calcium and phosphorus together,
in the questioned bullet.
I'm telling you, we cannot duplicate anything they did, OK?
With the DNA. We just can't.
- [CHRIS] With the hood swatch. - Yeah.
[SKIP] All of this, you say, is going towards a hearing first?
Yes. Yeah, we have a 300-page petition, because I have ten experts.
- But she's gonna grant the hearing. - [SKIP] Hope the judge is a speed reader.
Yeah. But it's pretty compelling reading.
Because I think we explain the timeline and what happened
and where the investigation went off track,
how the evidence got planted, all of that stuff.
I mean, we've got great experts on it.
But this is critical because this is the cause of death.
- Everything else is kind of windowed... - Punitive cause.
When you get somebody to lock in like that,
and then you can test what they say, and it comes up short, then...
[KATHLEEN] Right.
What a plot they've weaved.
[LAUGHING]
It's so messed up for them.
[KATHLEEN] Thank God I called that guy Luke Haag.
[KATHRYN] Yeah. He's amazing.
[KATHLEEN] We never would have thought of this.
He's gonna love this.
This could flip the whole case, though,
just this one piece of evidence.
Alright...
[KATHLEEN] I think this is it.
You know, we've examined the fragment
that supposedly went through her head,
and we know it didn't.
[DOUG] Mm-hmm.
So, it just seems like... I just feel like I should go for it.
I never... I try not to second-guess myself.
Don't you feel that way at this point, like it's... ?
Well, it seems like unless...
I know you're always thinking, so if something else comes to you,
then I think that would be a reason for a delay, a further delay.
But if not, then, uh...
it does seem, based on what you described,
that it should be filed soon.
I don't think it'll get any better than this, you know?
No one's gonna come forward and confess to the murder now.
Maybe that...
But the way we've seen it in these other cases,
even if they did, you know,
they'll think of some way not to credit that confession.
So, the best way is always with the forensic evidence.
So, you know, it's kind of like you
go off the end of the diving board
and you hope there's water below you and...
Because he's gonna be 55 on July 9th,
so I don't want to wait.
[INDISTINCT CHATTER]
[EDDIE] You brought all three, right?
Good luck.
- [CLERK] Hi, how are you? - [KATHLEEN] Good.
[CLERK] What can I help you with?
[KATHLEEN] Yeah, we want to file.
OK, I'm gonna have one of the criminal
clerks come up and help you, OK?
[KATHLEEN] Yeah.
We just want to file a petition.
[INDISTINCT CHATTER]
[KATHLEEN] Have you worked here a long time?
Thirty-seven years.
Oh, my gosh.
[KATHLEEN] It's a pretty courthouse.
- [CLERK] It is one of the nicer ones. - [KATHLEEN] Yeah, very.
At least the weather's nice.
Last time we were here, it was snowing and wet and rainy.
Nicer day for a ride.
Alright.
Thank you so much.
- Appreciate it. - [CLERK] You're welcome. Thank you.
[INDISTINCT CHATTER]
See if you can pass it. Can you... ?
Yeah, why don't you guys go through? Because it's...
- You OK with that, Kathryn? - Yep.
OK. Alright.
- OK. Thank you. - OK.
[KATHLEEN] Probably I should take one set.
So, right now, we've got one for the AG, the judge...
And I don't want you to send them out until tomorrow.
- [SCOTT] You're going to the Averys' now? - [KATHLEEN] Yeah.
- [REPORTER] Is that all of them? - [CLERK] Yeah. Wait, no.
Ma'am, if you'd like, this one's available right now.
[INDISTINCT CHATTER]
[WOMAN] And then...
[INDISTINCT CHATTER]
[CAMERA SHUTTER CLICKING]
Yeah. Hang on.
[DOLORES] Oh, yeah, she just walked in the door.
[SANDY] Just wonderful.
- [DOLORES] Did you want to talk to her? - [SANDY] Hi.
[KATHLEEN] You knew I wouldn't let you down?
[SANDY] Oh, you bet I knew that. You bet I knew that.
So, here it is. There you are.
Nice to meet you. Thank you.
[LAUGHTER]
[EARL] That's his chair.
- That's his chair. - [KATHRYN] Oh, sorry.
[LAUGHING]
It's nice to meet you. Gosh.
- There's Earl. - There's Earl.
[KATHLEEN] Can you hear us?
- [STEVEN] Yeah. - So, finally we're off to the races.
- [SANDY] Yes. - Yes.
Yeah. Yeah, I think I slept pretty good last night.
Yeah, you probably slept better than we did.
It was just this morning when I woke up,
I said, "Oh, man, it's too early yet!"
I bet. What time did you wake up?
A little after 4:00.
Yeah, then it was 4:30, then it was 5:00, then it was 5:30.
I said, "Oh, my God, it's taking too long!"
I know. I know, it seemed like forever,
didn't it, just getting to today?
[KATHLEEN] You were quiet this time. You didn't tell anyone.
- [MAN] Not even to his mother. - [STEVEN] No.
[EARL] "One of these days," he'd say.
- "One of these days." - "One of these days."
So, probably, the other inmates,
they'll probably hear that we filed tonight.
Oh, yeah. I bet you when I come back from work tonight at 6:00,
they'll be, "I seen you on TV."
Yeah.
[LAUGHTER]
[STEVEN LAUGHING]
Yeah.
Yeah, there's only a couple of them, they say I ain't going nowhere.
- Yeah, right. - Most of them, you know,
they say, "Yeah, go for it, go for it.
Get 'em, get 'em, get 'em!"
[LAUGHTER]
- Yeah. One minute. - [KATHLEEN] One minute?
Yeah.
- Call me later otherwise. - Huh?
Can you call your mom back later?
Yeah, tonight.
- OK, good. - Yeah, good.
Yeah.
- [KATHLEEN] Bye-bye, Steven. - Bye. Love you.
Yeah, I love you, too.
- [EARL] Bye. - Alright.
[KATHLEEN] OK.
[ALLAN] You filed that?
- [KATHLEEN] Today. - [SANDY] Today?
How long did that take?
Until... Yeah, she was like... [POUNDING NOISES]
She was stamping it. The clerk was, like, stamping it.
I go, "OK, so, I want to file this." So I put the first one up.
Then I just keep handing them to her. She's going like this.
[EARL] Manitowoc County loves us.
- Oh, I know. Yeah, they do. - Yeah.
Good thing I can't drive anymore.
[ALL LAUGH]
[KATHLEEN] But you can read all this.
I didn't want you to think I was goofing around.
[LAUGHS]
- [SANDY] Here's proof. - He might read one of these a night.
Yeah, just read through it.
And it's got all the exhibits attached.
It tells you everything that happened.
It's been nearly a year and a half
since Steven Avery got a new lawyer
who claimed she would exonerate him.
Almost 1,300 pages.
We were only able to look at it for a few minutes,
as it's not being distributed en masse just yet.
Overloading the staff here at the Milwaukee County Courthouse...
Manitowoc County Courthouse, including us.
The goal of the more than 1,200-page motion
is to get Steven Avery a new trial.
The bullet fragment found in Avery's garage
was not shot through Teresa Halbach's head.
Also, the defense attorney points the finger to someone else
who knew Teresa Halbach.
It's a bombshell allegation suggesting the real killer
may actually have been a former boyfriend of Teresa Halbach.
Ineffective counsel during trial, new evidence,
ethical violations by prosecutor Ken Kratz,
Brady violations, which means
prosecutors failed to disclose evidence.
That's exactly what Steven Avery's attorneys did today.
Obviously, the State will have a chance to go through this.
[DOLORES] I'll wonder why he's not going to bed. He'll be reading.
- [CARLA] He will, too. - [DOLORES] He knows you'll read that.
[ALLAN] When I get done, you can go home.
[LAUGHTER]
[SANDY] You can read it all night.
He'll be here for a week.
[DOLORES] He takes his glasses off to see it.
[INDISTINCT CHATTER]
So, when do you think he's gonna get out? Soon?
What we gotta do is see what their reaction is.
I mean, it's not a big deal
if they try to dismiss it. That's typical.
But we're in a dialogue with them
about trying to cut to the chase of...
I think we'll just move towards an evidentiary hearing.
So, we'll see what they're willing to do, you know?
[ALLAN] Yeah...
I hope something happens.
[KATHLEEN] It will.
It will.
You know, it's like the first time
when Kocourek says, "I don't care if you did this or not.
I'm gonna get you for it." You know?
[KATHLEEN] Yeah, that's how they start. Right.
And he did do...
Eighteen years that poor boy sat there.
Yeah.
[ALLAN] Unreal.
[KATHLEEN] Hmm.
- Synced & corrected by MementMori - -- www.addic7ed.com --
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