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<v Speaker 5>The terms of.

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<v Speaker 6>Host.

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<v Speaker 1>You are now listening to True Murder, The most Shocking

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<v Speaker 1>Killers in True Crime History and the authors that have

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<v Speaker 1>written about them Gasey Bundy, Dahmer, The Nightstalker VTK Every

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<v Speaker 1>week another fascinating author talking about the most shocking and

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<v Speaker 1>infamous killers in true crime history. True Murder with your host,

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<v Speaker 1>journalist and author Dan Zupansky. Good Evening.

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<v Speaker 7>This is your host Dan Zupanski for the program True Murder,

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<v Speaker 7>The most Shocking Killers in True crime History and the

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<v Speaker 7>authors that have written about them. Michael Breeseback had been

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<v Speaker 7>a prosecutor for twenty two years and thought he'd seen

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<v Speaker 7>it all, but nothing prepared him for the case you're

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<v Speaker 7>about to read and hear about a true crime story

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<v Speaker 7>where the good guys are sometimes the bad guys, and

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<v Speaker 7>the bad guys the good. It's a case of violent

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<v Speaker 7>crime with a mind numbing twist, but mostly it's a

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<v Speaker 7>case about innocence and guilt. On July twenty ninth, nineteen

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<v Speaker 7>eighty five, Penny Beernstein set out for a late afternoon

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<v Speaker 7>jog along a remote stretch of beach on the Lake

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<v Speaker 7>Michigan shoreline, unaware that just minutes later, a deranged sex

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<v Speaker 7>offender would shatter her world to pieces. It would be

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<v Speaker 7>a jog that would change her life forever in more

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<v Speaker 7>ways than she could have imagined. Within hours, police and

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<v Speaker 7>prosecutors zeroed in on Stephen Avery, a known offender who

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<v Speaker 7>was out on bail for another crime. Armed only with

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<v Speaker 7>suspicion and lacking a warrant, they dragged their suspect from

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<v Speaker 7>his home and took them to jail. What followed was

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<v Speaker 7>a twenty year crime saga. The gripped the entire state,

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<v Speaker 7>made Stephen Avery a household name in Wisconsin, and left

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<v Speaker 7>the local justice system nearly in ruins. My special guest

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<v Speaker 7>this evening is journalist and author and prosecutor Michael Breeseback,

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<v Speaker 7>and we're going to try to connect with him again.

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<v Speaker 7>We're having technical problems. I just was speaking with Michael

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<v Speaker 7>breesback for the last ten minutes or so previous to

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<v Speaker 7>getting the show back on the road again from being disconnected.

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<v Speaker 1>So we.

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<v Speaker 7>I can see the numbers on the screen, But.

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<v Speaker 3>Yeah, are you there? Yes, I am okay, Dan, it's Mike.

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<v Speaker 3>I hope we're on together.

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<v Speaker 7>Okay, I hear you on the phone, So I'm hoping

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<v Speaker 7>that our audience is hearing you live. So I'm sure

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<v Speaker 7>that's what's going on. Okay, Okay, So I just introduced

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<v Speaker 7>your book, So let's get down to a little bit

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<v Speaker 7>of the introduction of this story. This story occurred in

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<v Speaker 7>nineteen eighty five. But your book starts, you start, and

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<v Speaker 7>I'll ask you to explain why it starts on July fourteenth,

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<v Speaker 7>nineteen eighty five. So let's go back to that must

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<v Speaker 7>be important why you started your book that and describe

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<v Speaker 7>the scene that you first described in the very beginning

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<v Speaker 7>of your book on July fourteenth, nineteen eighty five.

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<v Speaker 5>Sure.

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<v Speaker 3>Yeah, And it's a shocking start to the book. And

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<v Speaker 3>the reason I started with it was it shows I

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<v Speaker 3>think that there was this dangerous social path really on

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<v Speaker 3>the loose on July fourteenth and nineteen eighty five and

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<v Speaker 3>really all that summer. So I wanted the reader to

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<v Speaker 3>see right out front that there is a very dangerous

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<v Speaker 3>social path. Like I said, I'm the loose. The police

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<v Speaker 3>had a pretty good idea of who he was, but

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<v Speaker 3>they didn't have enough to bring him in. And so

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<v Speaker 3>what happens after that the reader, hopefully in the back

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<v Speaker 3>of his mind, is her his or her mind is thinking,

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<v Speaker 3>I wonder if this guy's up to it again, because

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<v Speaker 3>it quickly moves on today that you described that that

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<v Speaker 3>the main part of the book opens.

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<v Speaker 7>With Okay, now did you just call me and I

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<v Speaker 7>we were connecting via that method?

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<v Speaker 3>Yeah, I think we were. We were on before and

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<v Speaker 3>for some reason it got disconnected. I think, but we're

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<v Speaker 3>we should be on together now hopefully.

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<v Speaker 7>Okay, So the number you just called is this blog

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<v Speaker 7>talk number right?

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<v Speaker 3>Correct?

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<v Speaker 7>Okay, got it. I'm just just just I'm a little

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<v Speaker 7>you know, just frustrated from the glitious here. So I

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<v Speaker 7>apologize to the audience for that. Now let's let's start

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<v Speaker 7>with this. This where this uh story is actually set

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<v Speaker 7>in Manuttoauck County, Wisconsin. I know the populations around eight thousand,

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<v Speaker 7>if I'm not incorrect. Tell us what this little community

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<v Speaker 7>looks like and what it's really like. Describe it for us,

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<v Speaker 7>and geographically where is this county?

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<v Speaker 6>Sure?

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<v Speaker 3>Well, I live here. I'm still a prosecutor here, and

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<v Speaker 3>it's a wonderful little county, little area. It's your listeners

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<v Speaker 3>proudly are familiar with Milwaukee, Chicago, of course. And then

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<v Speaker 3>two hundred miles Chicago's Milwaukee well Manach walks about another

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<v Speaker 3>ninety eight miles north of Milwaukee, thirty miles south of

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<v Speaker 3>Green Bay, the home of the Green Bay Packers, right

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<v Speaker 3>of which we're all proud of here in Wisconsin, of course.

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<v Speaker 3>And it's a community. It's actually about eighty thousand, that

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<v Speaker 3>eight thousand and eighty thousand, quite right, and we're right

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<v Speaker 3>on Lake Michigan, and it's a real scenic area and

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<v Speaker 3>it's just you know, part of Wisconsin. The first crime

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<v Speaker 3>occurred in a remote action as you were reading the

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<v Speaker 3>beach on Wake Michigan in a state forest called Point

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<v Speaker 3>Beach State Forest, with a woman who was jagging along

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<v Speaker 3>the beach. She was in the habit of jagging. She

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<v Speaker 3>was a fitness physical fitness instructor at the WAYNCAA, and

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<v Speaker 3>she had a six mile jag per day, really up

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<v Speaker 3>and down the beach, but a very desolate part of

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<v Speaker 3>the Lake Michigan beach where the first crime occurred.

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<v Speaker 7>Right now, you talk about her having this should be

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<v Speaker 7>a dedicated jogger. And so she went on an one

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<v Speaker 7>hour run that day. And that's important to this whole

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<v Speaker 7>thing in terms of evidence later in terms of really

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<v Speaker 7>defining when this attack occurred, which is again later important.

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<v Speaker 7>So tell us a little bit more about Penny, what

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<v Speaker 7>she's like, did, where was her family at this point?

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<v Speaker 7>You say, she goes on this desolate part of the beach.

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<v Speaker 7>Why would she run in this place that's out of

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<v Speaker 7>the way. Tell us a little bit about a little

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<v Speaker 7>bit more about Penny, why she was doing this, uh,

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<v Speaker 7>this this hour run, and then what she finally encountered

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<v Speaker 7>while she was jogging that night.

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<v Speaker 3>Absolutely well, Penny and her husband, and they had two children,

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<v Speaker 3>by the way, they were actually, uh, sort of some

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<v Speaker 3>prominent people in the community. They were business people. They

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<v Speaker 3>ran a confectionery or a candy store type of operation

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<v Speaker 3>that that Tom Bernston's grandparents actually started. So then it

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<v Speaker 3>talks a bit of a tourist area, and this candy

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<v Speaker 3>shop was a tourist area, and they basically took their kids,

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<v Speaker 3>their children to the beach that day. And as the day,

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<v Speaker 3>late afternoon comes along, Penny decides she's going to take

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<v Speaker 3>her her job. She was very fit, and the public

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<v Speaker 3>beach where they were is a regular public beach, plenty

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<v Speaker 3>of people there enjoying the day. But when she took

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<v Speaker 3>her jag from that, she went north of there, and

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<v Speaker 3>it very quickly becomes a desolate area. She had passed

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<v Speaker 3>sort of a scraggly looking fellow on the way away

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<v Speaker 3>from the beach as she continued jagging north. Didn't think

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<v Speaker 3>too much of it, although he had a leather jacket on,

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<v Speaker 3>and you know, it's in the mid eighties, and she

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<v Speaker 3>kind of wondered about that, and the guy made some

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<v Speaker 3>tim into him. But it's on her way back forty

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<v Speaker 3>minutes later that this fella basically jumps out from behind

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<v Speaker 3>a poplar tree or bush close to the water right

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<v Speaker 3>at the beach. Penny, I don't want to give the

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<v Speaker 3>whole book away, but I think that the people will,

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<v Speaker 3>the readers and your listeners, though they need to know

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<v Speaker 3>what the first crime's about, because this is kind of

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<v Speaker 3>a templicated story. But Penny angles out into the water.

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<v Speaker 3>She tries to run away from this high stepping over

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<v Speaker 3>the waves, and not able to do it. She thought

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<v Speaker 3>about diving into the water, but she was afraid he

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<v Speaker 3>was going to grab her and strangle her. And now

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<v Speaker 3>he overpowered her and manhandled her over the side the

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<v Speaker 3>sand dunes. Basically, she's a very petite woman, but she's

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<v Speaker 3>also a very strong woman. And by the way, Penny

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<v Speaker 3>appreciates the fact that this book was written. She's very

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<v Speaker 3>supportive of it. She wrote a blurb or a review

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<v Speaker 3>on the back of the book. So she's fighting with

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<v Speaker 3>us using her name, and she's gone on to do

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<v Speaker 3>some really good things in the criminal justice system. But anyhow,

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<v Speaker 3>despite her kicking and struggling and trying to push back

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<v Speaker 3>against this assailant, he got her over the sand dunes

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<v Speaker 3>header where no one could see her, then into the

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<v Speaker 3>forest and just brutally attacked her.

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<v Speaker 7>What if you don't mind, could you give us some

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<v Speaker 7>of the details, some of the particulars, because they are

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<v Speaker 7>important later in terms of the story.

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<v Speaker 3>Sure, well, you know the claim itself, it was it

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<v Speaker 3>turned into of course it was a sexual assault. You

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<v Speaker 3>know that the law, at least in the United States

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<v Speaker 3>doesn't really distinguish too much between a completed act of

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<v Speaker 3>sexual intercourse frankly, or different types of sexual contact in

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<v Speaker 3>terms of the charge. So you know, rape in Wisconsin

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<v Speaker 3>or first degree sexual assaults is whether whether you know

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<v Speaker 3>it's it's sexual contact without consent with force, or whether

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<v Speaker 3>it's actually sexual intercourse without consent. And it really doesn't matter.

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<v Speaker 3>It matters to the victim. And Penny fortunately was able

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<v Speaker 3>just through kicking and screaming and pleating and not getting

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<v Speaker 3>and in her mind she wasn't raped in the law,

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<v Speaker 3>under the law's eye, she was because he pore off

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<v Speaker 3>her clothes and when she said, my husband will come

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<v Speaker 3>looking for me, he swore, used every name you could imagine.

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<v Speaker 3>He pounded her brutally on her face. She received serious injuries.

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<v Speaker 3>Tenny was left naked, bloodied, badly bruised, completely dazed, kind

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<v Speaker 3>of staring off into the waters of Lake Michigan after

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<v Speaker 3>this fellow left. It's just a horrible crime, as bad

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<v Speaker 3>as it can get for any woman to experience.

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<v Speaker 7>I'm sure certainly. Now, what are some of the things that,

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<v Speaker 7>if anything, that he did say to the victim while

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<v Speaker 7>he was, you know, inflicting this damage on this woman.

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<v Speaker 3>Wow, Things like do it now, or I'm going to

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<v Speaker 3>kill you, things like shut up you you know, and

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<v Speaker 3>you can fill in the obscenities. Setty foul from there.

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<v Speaker 3>Just an animal, cruel, kind of violent type of person.

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<v Speaker 3>She I'm sure thought she wasn't going to live. He

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<v Speaker 3>said he had a knife and that he was going

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<v Speaker 3>to kill her. There's no indication the police didn't find

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<v Speaker 3>a knife, but she certainly certainly felt that he had one.

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<v Speaker 3>She kept her wits about her by telling, you know,

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<v Speaker 3>she's going to be late getting back to her husband.

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<v Speaker 3>She's sure he'll be out looking for her. The assailant

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00:13:36.639 --> 00:13:39.759
<v Speaker 3>to win, and in the end I think that's what

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00:13:39.919 --> 00:13:42.480
<v Speaker 3>saved her. But after a while, after he beat her

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<v Speaker 3>basically to a bloody pope, he ran away, scampered into

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<v Speaker 3>the woods.

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<v Speaker 7>How good a look did she get at the perpetrator?

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<v Speaker 7>In her mind, how good a look did she get

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<v Speaker 7>if she did get a look at this this sailant.

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<v Speaker 3>Yeah, well she felt she had a pretty good look.

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<v Speaker 3>You know, they were face to face, and the attack

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<v Speaker 3>it went on over a fifteen maybe twenty minute period.

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<v Speaker 3>It was a This wasn't a real quick, short confrontation

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<v Speaker 3>she had with him. Remember he had to drag her

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<v Speaker 3>from the water up to the woods, and then of

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00:14:21.279 --> 00:14:24.679
<v Speaker 3>course the attempted rape or the actual rape under the lost.

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<v Speaker 8>So she thought.

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<v Speaker 3>She had a fairly good look. She knew that his eyes,

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<v Speaker 3>for instance, were brown. She knew he had brown eyes,

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00:14:35.799 --> 00:14:40.320
<v Speaker 3>and she thought he was had what we referred to

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00:14:40.360 --> 00:14:42.720
<v Speaker 3>here in Wisconsin as a little bit of a beer belly.

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<v Speaker 3>That was his firm. She used to describe to the police.

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<v Speaker 3>He was bearded anyways, the medium medium height roughly, So

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00:14:51.159 --> 00:14:56.399
<v Speaker 3>that's the description she had of him. So, yeah, right

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<v Speaker 3>in that area, is what she said. I think that's right.

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<v Speaker 7>Yeah, okay. And so she was how does she is she?

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<v Speaker 7>Who finds her on the beach? And how does she

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<v Speaker 7>get to the hospital and how does how do things

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<v Speaker 7>work from there?

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<v Speaker 4>Uh?

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<v Speaker 3>There was a couple sailing actually in the area, and

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00:15:18.279 --> 00:15:21.399
<v Speaker 3>she had tried to make her way, basically crawl to

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<v Speaker 3>the water to wash the blood off of her face.

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<v Speaker 3>She didn't want her children to see her that way.

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<v Speaker 3>The couple saw her, came over, wrapped the towel around

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<v Speaker 3>her real quickly, and about the same time, her husband,

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<v Speaker 3>Tom Birdson came running up along the beach frantically looking

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<v Speaker 3>for her. He had already sent some some kids on

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00:15:44.639 --> 00:15:47.320
<v Speaker 3>a jet ski north looking for her, and he had

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00:15:47.360 --> 00:15:50.559
<v Speaker 3>already called it's amazing, He had already called nine one one,

256
00:15:50.639 --> 00:15:53.639
<v Speaker 3>and there was an ambulance waiting back at the parking

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00:15:53.720 --> 00:15:57.159
<v Speaker 3>lot at the beach. When when he tried, actually he

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00:15:57.279 --> 00:16:01.200
<v Speaker 3>carried his wife down the beach until she got sick,

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00:16:01.320 --> 00:16:03.600
<v Speaker 3>and then she walked the rest of the way. So

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00:16:03.720 --> 00:16:06.039
<v Speaker 3>that's how she was found. And then she was taken

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00:16:06.120 --> 00:16:10.519
<v Speaker 3>quickly to the hospital in Manitowac, which is a slightly

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<v Speaker 3>larger city here where I live and work in and

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<v Speaker 3>uh treated at the hospital.

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<v Speaker 7>Now, how did people police proceed with the description that

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<v Speaker 7>they did have? How did they go about? What's the

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<v Speaker 7>next thing that they did?

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<v Speaker 3>Well? Uh, they they took a you know, they they

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00:16:32.000 --> 00:16:36.000
<v Speaker 3>always take a physical examination. They have the physicians do. Uh.

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00:16:36.759 --> 00:16:39.799
<v Speaker 3>We cast that most forensic examination.

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<v Speaker 9>Uh.

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<v Speaker 3>And the sheriff and stuff got was not share knew.

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00:16:52.320 --> 00:16:56.799
<v Speaker 3>I think it was from church. And also the bag

273
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<v Speaker 3>right there for Austin Long for Na doesn't involve investigations,

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00:17:11.960 --> 00:17:15.039
<v Speaker 3>but he did in this one. Uh. And Penny gave

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00:17:15.039 --> 00:17:20.200
<v Speaker 3>a description of her assailant. And at that point the

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00:17:20.400 --> 00:17:23.920
<v Speaker 3>police officer, the detective was there, a female detective, and

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<v Speaker 3>the name Stephen Avery came to her mind almost to me.

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00:17:29.200 --> 00:17:32.720
<v Speaker 3>Uh And from then on, Uh, it was on the

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00:17:32.839 --> 00:17:41.559
<v Speaker 3>training she said, I bet it's Steven. Did just what

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<v Speaker 3>police should not do. They closed their minds and they

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00:17:44.279 --> 00:17:49.119
<v Speaker 3>thought he had a bear after all, and he lived

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00:17:49.279 --> 00:17:54.200
<v Speaker 3>sworded near there. He was no lifer there, and I

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00:17:54.279 --> 00:17:57.480
<v Speaker 3>guess it's reasonable that they thought it was him, but

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00:17:58.000 --> 00:18:01.440
<v Speaker 3>they closed their their minds after their and just out

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<v Speaker 3>up with just Avery must be the guy, basically.

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00:18:05.319 --> 00:18:08.359
<v Speaker 7>Right, We're having a little bit of problem hearing everything

287
00:18:08.400 --> 00:18:10.720
<v Speaker 7>that you're saying, so I'm not sure if if it

288
00:18:10.839 --> 00:18:13.920
<v Speaker 7>helps just staying in one position or what we can

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00:18:14.000 --> 00:18:16.640
<v Speaker 7>do to but we have a problem missing a little

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00:18:16.640 --> 00:18:18.640
<v Speaker 7>bit of the information that you're imparting here.

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00:18:18.799 --> 00:18:23.079
<v Speaker 3>So I ll let me try to media just a

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00:18:23.200 --> 00:18:25.960
<v Speaker 3>little bit. The connection will be better because we were good.

293
00:18:26.039 --> 00:18:28.960
<v Speaker 7>We were good there for the first a little while there,

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00:18:29.000 --> 00:18:35.119
<v Speaker 7>for first fifteen minutes. So okay, okay, So now you

295
00:18:35.240 --> 00:18:37.799
<v Speaker 7>say that we'll have to go back just a little

296
00:18:37.799 --> 00:18:40.640
<v Speaker 7>bit to you say that there was a physical exam

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00:18:40.799 --> 00:18:44.079
<v Speaker 7>of Penny bernst In, and then the woman that was

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00:18:44.160 --> 00:18:50.319
<v Speaker 7>there was Judy, Deputy Judy de Vork and right away

299
00:18:50.400 --> 00:18:53.079
<v Speaker 7>she said it came to mind for some reason, and

300
00:18:53.319 --> 00:18:56.440
<v Speaker 7>you can tell us why. The reason is because her

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00:18:56.559 --> 00:18:59.599
<v Speaker 7>relationship to Steven Avery is important, like where she lives,

302
00:19:00.039 --> 00:19:02.880
<v Speaker 7>So tell us why she thought that, and what was

303
00:19:02.920 --> 00:19:05.599
<v Speaker 7>her relationship and what did she know or what she

304
00:19:05.839 --> 00:19:07.640
<v Speaker 7>did she think she knew? About Stephen Avery.

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00:19:09.359 --> 00:19:13.440
<v Speaker 3>Sure, and this is one of those problems with smaller

306
00:19:14.160 --> 00:19:17.359
<v Speaker 3>counties where everyone knows everyone, or at least a lot

307
00:19:17.400 --> 00:19:21.279
<v Speaker 3>of the people do. Judy Devark the first police officer

308
00:19:21.400 --> 00:19:21.839
<v Speaker 3>at the head.

309
00:19:22.559 --> 00:19:26.559
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310
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<v Speaker 9>and conditions applying see.

330
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<v Speaker 3>Website for details hospital to interview Penny Burns and lived

331
00:20:25.000 --> 00:20:29.960
<v Speaker 3>across the street from Stephen Avery, and she knew that

332
00:20:30.200 --> 00:20:35.200
<v Speaker 3>he was on bail for trying to assault a different

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00:20:35.279 --> 00:20:39.400
<v Speaker 3>woman in the neighborhood. In fact, that in itself was

334
00:20:39.480 --> 00:20:45.160
<v Speaker 3>a pretty serious crime. He had basically run down a woman,

335
00:20:45.799 --> 00:20:48.960
<v Speaker 3>a neighbor, a different neighbor of his. He got in

336
00:20:49.079 --> 00:20:53.200
<v Speaker 3>his pickup truck and rammed into her car, basically had

337
00:20:53.279 --> 00:20:55.720
<v Speaker 3>her pull over the side of the road. He held

338
00:20:55.839 --> 00:21:01.519
<v Speaker 3>her at gunpoint and clearly had in mind that he

339
00:21:01.680 --> 00:21:05.960
<v Speaker 3>was going to assault her. She pointed out that her

340
00:21:06.039 --> 00:21:12.839
<v Speaker 3>baby was in the car, even that he wouldn't go

341
00:21:13.039 --> 00:21:14.680
<v Speaker 3>below a circle.

342
00:21:16.400 --> 00:21:16.440
<v Speaker 8>Go.

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00:21:17.599 --> 00:21:20.720
<v Speaker 3>So here, this person was on bail on a pretty

344
00:21:20.759 --> 00:21:25.920
<v Speaker 3>horrible crime. And Judy de Vorak, though knew about that crime,

345
00:21:27.079 --> 00:21:30.119
<v Speaker 3>she knew more about mister Avery because she's his neighbor

346
00:21:33.039 --> 00:21:41.640
<v Speaker 3>was and the victim in the case that Avery was

347
00:21:42.000 --> 00:21:45.359
<v Speaker 3>on bail for the pending case was the wife of

348
00:21:45.440 --> 00:21:50.039
<v Speaker 3>a deputy of a reserve deputy sheriff. So the police

349
00:21:50.200 --> 00:21:54.119
<v Speaker 3>kind of had Avery in their consciousness, and I think

350
00:21:54.200 --> 00:21:57.279
<v Speaker 3>that's largely why he came to her mind so quickly.

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<v Speaker 7>Now the thing is, you say police, really it is

352
00:22:01.319 --> 00:22:05.440
<v Speaker 7>more so a specific sheriff. And if I mispronounced this,

353
00:22:05.480 --> 00:22:09.160
<v Speaker 7>you can correct me Cook Kerrick and really because you know,

354
00:22:09.240 --> 00:22:10.880
<v Speaker 7>and you can explain this a little bit later as

355
00:22:10.920 --> 00:22:14.160
<v Speaker 7>an unfolds. But the sheriff that goes along with Deputy

356
00:22:14.319 --> 00:22:17.039
<v Speaker 7>Judy de Vork is the sheriff for Kirk and he

357
00:22:17.200 --> 00:22:20.240
<v Speaker 7>ends up being you know, this is an interesting story

358
00:22:20.319 --> 00:22:24.400
<v Speaker 7>where he the strange turn of events happens in this

359
00:22:24.640 --> 00:22:27.240
<v Speaker 7>and a lot of things that aren't known in nineteen

360
00:22:27.279 --> 00:22:30.160
<v Speaker 7>eighty five come out much later. So tell us a

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00:22:30.160 --> 00:22:33.279
<v Speaker 7>little bit about Sheriff Cook Kheric and hopefully that's the

362
00:22:33.279 --> 00:22:36.599
<v Speaker 7>way you pronounce his name, So it's.

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<v Speaker 3>Called the Sheriffseric Timeusuric. Yeah, he Sheriff Couseric. As soon

364
00:22:43.960 --> 00:22:48.960
<v Speaker 3>as he heard hears the name Steven Avery, he he

365
00:22:50.240 --> 00:22:54.720
<v Speaker 3>had the deputies at the Sheriff's department, Uh, bring up

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<v Speaker 3>some photos, some mugshots, and basically I wanted them to

367
00:23:01.519 --> 00:23:05.559
<v Speaker 3>include one of step and Avery. I believe the sheriff

368
00:23:05.680 --> 00:23:12.200
<v Speaker 3>thought at the beginning it was Stephen Avery. As we

369
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<v Speaker 3>indicated earlier. The other deputy who was on the scene,

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<v Speaker 3>Deputy Boat Duty Devorrex, she thought it was Avery. She

371
00:23:22.000 --> 00:23:26.119
<v Speaker 3>used the name Avery, and she found it pretty certain

372
00:23:26.160 --> 00:23:29.279
<v Speaker 3>about it for whatever reason. So Sheriff Kusurrek at that

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<v Speaker 3>point thought, oh, it's probably Stephen Avery. So he had

374
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<v Speaker 3>a photo array prepared. But before he did that, he

375
00:23:36.880 --> 00:23:42.599
<v Speaker 3>had a police artist, his detective Cuchet, do a composite

376
00:23:44.880 --> 00:23:48.799
<v Speaker 3>with a description from Penny Burnsam And here's the thing

377
00:23:49.000 --> 00:23:53.200
<v Speaker 3>where they blew it. At least in my opinion and

378
00:23:53.319 --> 00:23:58.519
<v Speaker 3>in anybody's opinion, I think they had the mudshot of

379
00:23:58.680 --> 00:24:02.599
<v Speaker 3>Avery on this scene when the composite sketch was drawn,

380
00:24:03.240 --> 00:24:07.839
<v Speaker 3>and amazingly, the composite sketch, the police artist's sketch looked

381
00:24:08.359 --> 00:24:13.400
<v Speaker 3>almost exactly like Avery's mugshot. So it makes you wonder

382
00:24:14.079 --> 00:24:17.160
<v Speaker 3>whether the police artist didn't take a look at Avery's

383
00:24:17.240 --> 00:24:22.559
<v Speaker 3>mugshot and kind of suggest to the victim while he

384
00:24:22.759 --> 00:24:26.160
<v Speaker 3>was doing the composite sketch, well, maybe could the person

385
00:24:26.279 --> 00:24:29.039
<v Speaker 3>look a little bit more like this? And I have

386
00:24:29.160 --> 00:24:32.119
<v Speaker 3>to tell you it's hard. Composite sketches are tough when

387
00:24:32.279 --> 00:24:35.880
<v Speaker 3>the person had facial hair, you know, because people with

388
00:24:36.039 --> 00:24:38.640
<v Speaker 3>beards you're missing a large part of the features of

389
00:24:38.720 --> 00:24:41.119
<v Speaker 3>their faces. So you kind of looked with eye color

390
00:24:41.599 --> 00:24:45.839
<v Speaker 3>and length of hair and that sort of thing, and

391
00:24:46.000 --> 00:24:48.920
<v Speaker 3>the sheriff sort of you know, he knew about the

392
00:24:49.000 --> 00:24:54.000
<v Speaker 3>Avery's too, so he was more than happy to make

393
00:24:54.079 --> 00:24:57.799
<v Speaker 3>a case as soon as he thought that Stephen Avery

394
00:24:57.920 --> 00:24:58.960
<v Speaker 3>was his guy.

395
00:24:59.079 --> 00:25:02.559
<v Speaker 7>Here, Now let's go back just a bit, because I

396
00:25:02.720 --> 00:25:05.160
<v Speaker 7>think maybe the audience is not fully aware. Maybe I'm

397
00:25:05.200 --> 00:25:08.519
<v Speaker 7>not fully aware too. At this point, we talk about

398
00:25:08.559 --> 00:25:11.599
<v Speaker 7>this heinous crime where he pulls this sheriff or pulls

399
00:25:11.640 --> 00:25:14.279
<v Speaker 7>this woman out of a car, and there is, if

400
00:25:14.279 --> 00:25:17.799
<v Speaker 7>I'm correct, not correct, that there is talk about dragging

401
00:25:17.839 --> 00:25:21.200
<v Speaker 7>her into his vehicle, so you know, and then you say,

402
00:25:21.240 --> 00:25:26.279
<v Speaker 7>the sheriff knows about his past, and the woman that

403
00:25:26.359 --> 00:25:28.240
<v Speaker 7>lives across the street, this is a deputy, thinks that

404
00:25:28.559 --> 00:25:30.880
<v Speaker 7>she knows his family, so that they instantly think that

405
00:25:31.000 --> 00:25:34.599
<v Speaker 7>that this person that's capable of this rather heinous rape

406
00:25:34.640 --> 00:25:36.880
<v Speaker 7>and assault on the beach has to be this guy.

407
00:25:37.599 --> 00:25:40.759
<v Speaker 7>Is there a sexual Does this Stephen Avery have a

408
00:25:40.839 --> 00:25:45.200
<v Speaker 7>sexual history? Maybe fill us in on all the criminal

409
00:25:45.279 --> 00:25:47.920
<v Speaker 7>past that he has so that maybe we can understand

410
00:25:48.400 --> 00:25:51.519
<v Speaker 7>what they think that this person is capable of. And

411
00:25:51.640 --> 00:25:54.519
<v Speaker 7>certainly as soon as there is some suspicion, they pick

412
00:25:54.599 --> 00:25:56.359
<v Speaker 7>him up and run with it. So what is it

413
00:25:56.400 --> 00:25:59.400
<v Speaker 7>about his criminal past, that implies that he's able to

414
00:25:59.519 --> 00:26:01.359
<v Speaker 7>do this crime of this nature.

415
00:26:03.079 --> 00:26:06.279
<v Speaker 3>Well, I tell you he was a disturbed individual. There's

416
00:26:06.359 --> 00:26:09.000
<v Speaker 3>no doubt about that. He had an incident when he

417
00:26:09.119 --> 00:26:12.759
<v Speaker 3>was about nineteen years old where he was involved in

418
00:26:12.880 --> 00:26:20.039
<v Speaker 3>a cat burning incident. He had also threatened to start

419
00:26:20.559 --> 00:26:25.799
<v Speaker 3>his parents' home on fire. He had what had been

420
00:26:26.480 --> 00:26:30.480
<v Speaker 3>convicted of burglary in the past, and you know, most important,

421
00:26:30.519 --> 00:26:33.720
<v Speaker 3>he did have this case pending that happened six months

422
00:26:33.759 --> 00:26:38.359
<v Speaker 3>earlier where he was, you know, he was awaiting trial.

423
00:26:38.559 --> 00:26:43.640
<v Speaker 3>He was out in the community. But when this crime occurred,

424
00:26:44.000 --> 00:26:46.680
<v Speaker 3>but he had been charged six months earlier with this

425
00:26:46.960 --> 00:26:53.599
<v Speaker 3>incident of basically ramming this woman's car, neighbor's car off

426
00:26:53.640 --> 00:26:55.720
<v Speaker 3>the side of the road, and he had kept an

427
00:26:55.759 --> 00:26:59.640
<v Speaker 3>eye on this woman for the month's preceding. I said,

428
00:26:59.799 --> 00:27:02.839
<v Speaker 3>was very disturbed individual, and really he was. He would

429
00:27:02.960 --> 00:27:06.400
<v Speaker 3>watch her with binaculars down the road as she left

430
00:27:06.440 --> 00:27:09.720
<v Speaker 3>her vehicle five thirty six in the morning in the summertime.

431
00:27:10.160 --> 00:27:13.440
<v Speaker 3>He ran out to the road naked right in front

432
00:27:13.440 --> 00:27:18.279
<v Speaker 3>of her car. One time he masturbated at the hood

433
00:27:18.319 --> 00:27:21.640
<v Speaker 3>of his truck while she drove by. I mean, one's

434
00:27:21.720 --> 00:27:24.599
<v Speaker 3>sick puppy, I guess is the best way to put it. Yeah,

435
00:27:24.799 --> 00:27:29.160
<v Speaker 3>So I called it reasonable that it's.

436
00:27:29.039 --> 00:27:31.799
<v Speaker 7>Personally Yeah, so that's what I wanted to make clear

437
00:27:31.839 --> 00:27:35.119
<v Speaker 7>that the audience knows that. Yeah, that's you know, because

438
00:27:35.160 --> 00:27:37.559
<v Speaker 7>in the in the description that talks about well, he

439
00:27:37.599 --> 00:27:40.160
<v Speaker 7>hasn't been convicted of a violent crime, but those are

440
00:27:40.200 --> 00:27:42.799
<v Speaker 7>all the hallmarks of a guy that's capable of what

441
00:27:43.400 --> 00:27:47.079
<v Speaker 7>they're looking looking for a suspect. So again, it's a

442
00:27:47.160 --> 00:27:49.319
<v Speaker 7>little more reasonable why these police coil could jump to

443
00:27:49.359 --> 00:27:52.880
<v Speaker 7>these conclusions. However, that's not the way things are supposed

444
00:27:52.880 --> 00:27:59.079
<v Speaker 7>to work. Now, what happens when now continue with the

445
00:27:59.160 --> 00:28:03.200
<v Speaker 7>story then, and what do police do now that they

446
00:28:03.240 --> 00:28:05.559
<v Speaker 7>think they have Steven Avery in their sights?

447
00:28:05.960 --> 00:28:10.319
<v Speaker 3>What do they do? Well, they go and pick them up.

448
00:28:10.920 --> 00:28:15.039
<v Speaker 3>The sheriff doesn't do it for an arrest warrant, which

449
00:28:15.119 --> 00:28:17.279
<v Speaker 3>in the United States and I'm sure in Canada too,

450
00:28:17.960 --> 00:28:20.640
<v Speaker 3>if you break into somebody's home, you need to get

451
00:28:20.680 --> 00:28:24.200
<v Speaker 3>a neutral, detached magistrate they call him a judge to

452
00:28:25.400 --> 00:28:28.839
<v Speaker 3>allow that and to say that there's probable cause that

453
00:28:28.960 --> 00:28:32.279
<v Speaker 3>that person committed this crime and that the police can

454
00:28:32.440 --> 00:28:35.119
<v Speaker 3>barge into his house and arrest them. In this case,

455
00:28:35.200 --> 00:28:39.400
<v Speaker 3>they didn't. They used kind of a trick. I think

456
00:28:39.519 --> 00:28:44.799
<v Speaker 3>they had Stephen Avery's uncle, who also was a sheriff deputy,

457
00:28:45.839 --> 00:28:48.079
<v Speaker 3>and they used him to get into the house and

458
00:28:48.160 --> 00:28:52.000
<v Speaker 3>then they arrested Avery, the only thing they had at

459
00:28:52.039 --> 00:28:54.960
<v Speaker 3>that time. And again, you know, you can look at

460
00:28:55.000 --> 00:28:58.200
<v Speaker 3>what they did at that point is reasonable. At this point,

461
00:28:58.359 --> 00:29:02.000
<v Speaker 3>I think what they did is still reasonable. Other than

462
00:29:02.039 --> 00:29:04.240
<v Speaker 3>that getting a warrant, I guess that's one hundred pound

463
00:29:04.279 --> 00:29:07.480
<v Speaker 3>gorilla right there. But in terms of thinking Avery was it,

464
00:29:07.839 --> 00:29:11.559
<v Speaker 3>it was reasonable because at this point the victim, remember,

465
00:29:11.640 --> 00:29:15.279
<v Speaker 3>had done the composite sketch with the police, and she

466
00:29:15.640 --> 00:29:20.000
<v Speaker 3>actually picked Avery out of a photo array where there

467
00:29:20.039 --> 00:29:23.720
<v Speaker 3>were six or eight suspects and she was able to say, yep,

468
00:29:23.880 --> 00:29:26.200
<v Speaker 3>that's the guy who did it, and that was Stephen

469
00:29:26.279 --> 00:29:31.519
<v Speaker 3>Avery's mugshot. However, it became pretty clear a trial that

470
00:29:31.720 --> 00:29:35.559
<v Speaker 3>once they did the composite sketch, in her mind, that

471
00:29:35.920 --> 00:29:39.440
<v Speaker 3>composite sketch not the real one, but in her mind

472
00:29:39.559 --> 00:29:43.359
<v Speaker 3>that sort of became her assailant. But at any rate,

473
00:29:43.440 --> 00:29:46.160
<v Speaker 3>you know, they had an identification, so they felt they

474
00:29:46.240 --> 00:29:47.960
<v Speaker 3>had enough and they made an arrest.

475
00:29:48.960 --> 00:29:50.960
<v Speaker 7>Now, going back just a little bit, when you talked

476
00:29:51.000 --> 00:29:56.279
<v Speaker 7>about the the Eugene Koch, I think you pronounced his name,

477
00:29:56.400 --> 00:29:59.160
<v Speaker 7>the fellow that did the composite drawing, and he had

478
00:29:59.240 --> 00:30:01.960
<v Speaker 7>just been out of the FBI Academy for about a month.

479
00:30:02.039 --> 00:30:04.240
<v Speaker 7>Let's let's talk about that as well, because he was

480
00:30:04.319 --> 00:30:06.599
<v Speaker 7>totally I think this was his first drawing, wasn't it

481
00:30:06.720 --> 00:30:10.839
<v Speaker 7>for the police itself? Now, what do you, like, you know,

482
00:30:10.920 --> 00:30:14.799
<v Speaker 7>for those people, maybe even myself? What are you insinuating

483
00:30:15.480 --> 00:30:18.160
<v Speaker 7>happened there? Like, not to say, not to accuse, but

484
00:30:18.319 --> 00:30:21.079
<v Speaker 7>say an assumption of what may have happened with this

485
00:30:21.359 --> 00:30:25.039
<v Speaker 7>young guy and the sheriff and the deputy and a

486
00:30:25.160 --> 00:30:28.359
<v Speaker 7>small place and a character like Steven Avery. What do

487
00:30:28.400 --> 00:30:29.519
<v Speaker 7>you think happened?

488
00:30:31.359 --> 00:30:34.039
<v Speaker 3>Well, I don't. I don't know for sure, and I

489
00:30:34.440 --> 00:30:37.240
<v Speaker 3>try to let the reader set out in the book

490
00:30:37.400 --> 00:30:41.119
<v Speaker 3>as they look at it. But but I can't say

491
00:30:41.119 --> 00:30:46.400
<v Speaker 3>a few things about that competitive Eugene Cuche, the detective,

492
00:30:46.480 --> 00:30:49.839
<v Speaker 3>the artist police artist's sketch, very proud of that sketch,

493
00:30:51.839 --> 00:30:54.960
<v Speaker 3>a sketch removed from evidence, and was allowed to do it,

494
00:30:55.160 --> 00:30:59.599
<v Speaker 3>and had it hanging up on as well as yours. Afterwards.

495
00:31:00.839 --> 00:31:04.599
<v Speaker 3>The judge at the trial mentioned that that sketch, and

496
00:31:04.680 --> 00:31:10.599
<v Speaker 3>these are the judges' words, bore an uncanny resemblance to

497
00:31:10.799 --> 00:31:14.279
<v Speaker 3>the mugshot was in the sheriff's pocket that night at

498
00:31:14.279 --> 00:31:18.000
<v Speaker 3>the hospital. And the last thing to sit here is

499
00:31:18.160 --> 00:31:22.319
<v Speaker 3>that eventually and we had too far ourselves here but

500
00:31:22.480 --> 00:31:26.200
<v Speaker 3>in the wrongful conviction lawsuit, because you know, we might

501
00:31:26.240 --> 00:31:27.960
<v Speaker 3>as well let the cat out of the bag. Here

502
00:31:28.480 --> 00:31:32.000
<v Speaker 3>it's called unreasonable inferences, of course, because in the end

503
00:31:32.079 --> 00:31:35.599
<v Speaker 3>it wasn't Aver that did this, but it draw suit.

504
00:31:36.160 --> 00:31:40.880
<v Speaker 3>The defense lawyers convinced that they pretty well had it proven.

505
00:31:42.319 --> 00:31:46.640
<v Speaker 3>Jeane Cuchet, the police art a sketch pretty much either

506
00:31:46.839 --> 00:31:50.400
<v Speaker 3>traced it or not quite traced, but drew it off

507
00:31:50.559 --> 00:31:54.119
<v Speaker 3>of or had some access to that mug as he

508
00:31:54.319 --> 00:31:58.599
<v Speaker 3>was doing this sketch, right, misketch, I can't prove that.

509
00:31:58.880 --> 00:32:04.200
<v Speaker 3>And you know, and Jeane Cluchtes and no with us,

510
00:32:04.279 --> 00:32:06.839
<v Speaker 3>he was actually a very nice person. I did some

511
00:32:07.039 --> 00:32:09.559
<v Speaker 3>work with him, but he was a character. And I

512
00:32:09.640 --> 00:32:14.559
<v Speaker 3>will say that sometimes police, if they think they have

513
00:32:14.759 --> 00:32:17.440
<v Speaker 3>the right guy, some of the rules get bent a

514
00:32:17.519 --> 00:32:21.200
<v Speaker 3>little bit in their minds just to do what they

515
00:32:21.359 --> 00:32:24.640
<v Speaker 3>think is is justice. Getting a bad guy like Stephen

516
00:32:24.680 --> 00:32:25.279
<v Speaker 3>Aby off the.

517
00:32:25.319 --> 00:32:29.200
<v Speaker 7>Streets, yeah, and then I mean the prosecution can be

518
00:32:29.799 --> 00:32:36.680
<v Speaker 7>prosecution can be also accused of that as well. Yeah, okay, Now,

519
00:32:37.000 --> 00:32:40.400
<v Speaker 7>so what happens with Stephen Avery is is arrested, Where

520
00:32:40.640 --> 00:32:43.880
<v Speaker 7>is it that he is arrested, and in terms of

521
00:32:43.960 --> 00:32:47.400
<v Speaker 7>when they obviously have to question him as to terms

522
00:32:47.839 --> 00:32:49.599
<v Speaker 7>as to where he was at the time of this

523
00:32:49.839 --> 00:32:53.559
<v Speaker 7>this crime. And as we remember from the earlier in

524
00:32:53.599 --> 00:32:56.440
<v Speaker 7>the story, this woman knows specifically when she was attacked

525
00:32:56.519 --> 00:32:58.920
<v Speaker 7>and the duration and everything else. So we know the

526
00:32:59.039 --> 00:33:04.039
<v Speaker 7>timeline tell us what happens with Steve Avery and police

527
00:33:04.119 --> 00:33:04.799
<v Speaker 7>arresting him.

528
00:33:05.839 --> 00:33:09.000
<v Speaker 3>Sure, well, he arrest him in his bedroom at night.

529
00:33:09.079 --> 00:33:12.400
<v Speaker 3>He's sleeping with his wife on the upstairs. They had

530
00:33:12.480 --> 00:33:16.599
<v Speaker 3>five children, and they had just come home from a

531
00:33:16.720 --> 00:33:20.359
<v Speaker 3>shopping trip basically up in Green Bay, about thirty minutes

532
00:33:20.799 --> 00:33:25.960
<v Speaker 3>north of where this crime occurred. Dan, it was virtually

533
00:33:26.000 --> 00:33:31.400
<v Speaker 3>impossible for Steven Avery to have committed this crime based

534
00:33:31.480 --> 00:33:34.680
<v Speaker 3>upon when the crime happened and where Avery was able

535
00:33:34.720 --> 00:33:38.559
<v Speaker 3>to prove he was. There was a receipt from the

536
00:33:38.720 --> 00:33:41.799
<v Speaker 3>shop Ghost Store, which is a department store here chain

537
00:33:42.000 --> 00:33:49.039
<v Speaker 3>basically in Wisconsin, showing five thirteen pm and the assault.

538
00:33:49.200 --> 00:33:52.000
<v Speaker 3>Tenny Burnson did keep very good track of her time.

539
00:33:52.119 --> 00:33:55.559
<v Speaker 3>She was a routine runner. She ran, she knew how

540
00:33:55.640 --> 00:33:58.599
<v Speaker 3>long things took, and she had her watch. The act

541
00:33:58.839 --> 00:34:04.039
<v Speaker 3>ended at four to five pm, so within about an

542
00:34:04.079 --> 00:34:08.639
<v Speaker 3>hour and thirteen minutes, Stephen Avery with his family, including

543
00:34:08.719 --> 00:34:12.719
<v Speaker 3>the newborn twins, are at the checkout counter of the

544
00:34:12.800 --> 00:34:16.079
<v Speaker 3>shop Ghost Store, thirty miles north of where the assault occurved.

545
00:34:17.559 --> 00:34:20.639
<v Speaker 3>But he also would have had to have gotten from

546
00:34:20.840 --> 00:34:23.320
<v Speaker 3>the location of the assault back to the parking lot,

547
00:34:23.960 --> 00:34:27.400
<v Speaker 3>because that's the only place to park there in street shoes,

548
00:34:28.239 --> 00:34:31.320
<v Speaker 3>and that's about a three quarter mile walk, and given

549
00:34:31.440 --> 00:34:34.440
<v Speaker 3>home to where he would have had to pick up

550
00:34:34.480 --> 00:34:38.320
<v Speaker 3>his wife and children, or actually to his parents' house

551
00:34:38.360 --> 00:34:41.599
<v Speaker 3>excuse me, which is about twelve miles away. The police

552
00:34:41.719 --> 00:34:44.960
<v Speaker 3>ran a kind of a check if it was possible

553
00:34:45.159 --> 00:34:47.960
<v Speaker 3>for him to commit the crime, given the receipt at

554
00:34:48.079 --> 00:34:52.119
<v Speaker 3>chap Go ten or fifteen miles over the speed limit,

555
00:34:52.360 --> 00:34:55.679
<v Speaker 3>just to make it possible. And that doesn't even include

556
00:34:55.679 --> 00:34:57.599
<v Speaker 3>a staff to pick up the kids and get him

557
00:34:57.639 --> 00:34:58.800
<v Speaker 3>in the car, and that sort.

558
00:34:58.639 --> 00:35:02.960
<v Speaker 7>Of thing so pretty implausible. And the other thing was,

559
00:35:03.079 --> 00:35:05.920
<v Speaker 7>we originally heard that this scraggly man at the beach

560
00:35:06.000 --> 00:35:09.559
<v Speaker 7>had a leather jacket on, and so tell us a

561
00:35:09.599 --> 00:35:12.360
<v Speaker 7>little bit about that intriguing part of the description, and

562
00:35:13.559 --> 00:35:14.719
<v Speaker 7>and the leather jacket.

563
00:35:15.960 --> 00:35:19.119
<v Speaker 3>Sure, Tenny Bernson was clear he had a black leather

564
00:35:19.239 --> 00:35:22.119
<v Speaker 3>jacket and a pretty good description of the black leather jacket.

565
00:35:22.800 --> 00:35:27.920
<v Speaker 3>When it got close to trial, the police didn't find

566
00:35:28.000 --> 00:35:30.400
<v Speaker 3>any leather jackets when they did a search warrant at

567
00:35:30.440 --> 00:35:35.639
<v Speaker 3>Steven Avery's house, and when it got to trial, all

568
00:35:35.760 --> 00:35:39.519
<v Speaker 3>three or four days before the trial, the prosecutor, Dennis Vogel,

569
00:35:40.400 --> 00:35:42.960
<v Speaker 3>the DA at the time, sent a letter to the

570
00:35:43.039 --> 00:35:45.119
<v Speaker 3>defense lawyers saying, oh, by the way, I'm going to

571
00:35:45.199 --> 00:35:49.199
<v Speaker 3>call some witnesses. These two officers that say they know

572
00:35:49.440 --> 00:35:52.880
<v Speaker 3>they had seen Steven Avery with this black leather jacket

573
00:35:52.920 --> 00:35:57.000
<v Speaker 3>that matches the description perfectly of the black leather jacket

574
00:35:57.039 --> 00:36:00.960
<v Speaker 3>that Penny said her assailant was wearing. I can interject

575
00:36:01.000 --> 00:36:04.639
<v Speaker 3>here really quickly too, that Stephen Avery had blue eyes

576
00:36:05.800 --> 00:36:09.639
<v Speaker 3>Penny burns. And the victim immediately told the police and

577
00:36:09.719 --> 00:36:12.880
<v Speaker 3>told them several things that her assailant had brown eyes.

578
00:36:14.320 --> 00:36:19.559
<v Speaker 3>She also told the police that the assailant had a

579
00:36:19.840 --> 00:36:22.599
<v Speaker 3>sort of a beer belly, sort of pudgy, and that

580
00:36:22.719 --> 00:36:26.760
<v Speaker 3>he was about five six. I believe well, Steven Avery's

581
00:36:26.840 --> 00:36:30.480
<v Speaker 3>only five feet one inches tall and at the time

582
00:36:30.719 --> 00:36:35.480
<v Speaker 3>he wasn't a pudgy and Steven Avery, as I said,

583
00:36:35.559 --> 00:36:39.440
<v Speaker 3>had blue eyes. She also told the police, and the

584
00:36:39.480 --> 00:36:43.599
<v Speaker 3>police were very interested in this issue. They were hoping

585
00:36:43.719 --> 00:36:47.440
<v Speaker 3>that she would say that the assailant's hands were greasy

586
00:36:47.800 --> 00:36:50.039
<v Speaker 3>and that they were smelly, that he was kind of

587
00:36:50.320 --> 00:36:54.000
<v Speaker 3>he smelled head because they knew that Steven Avery's hands

588
00:36:54.039 --> 00:36:57.519
<v Speaker 3>were always greasy because he worked at a car a

589
00:36:57.639 --> 00:37:01.960
<v Speaker 3>salvage shop, and he professionally had greasy hands. Kenny Birds

590
00:37:01.960 --> 00:37:05.840
<v Speaker 3>had said, now her assailant had perfectly clean hands, no grease,

591
00:37:05.960 --> 00:37:10.280
<v Speaker 3>no dirt, no grime, and her assailants smelled, frankly smell good.

592
00:37:10.360 --> 00:37:13.559
<v Speaker 3>He said. There was nothing, no how older, about her assailant.

593
00:37:13.880 --> 00:37:18.000
<v Speaker 3>There are lots and lots of inconsistencies, including the alibi

594
00:37:18.159 --> 00:37:22.079
<v Speaker 3>that Avery had twelve or fifteen. I think witnesses had

595
00:37:22.079 --> 00:37:23.639
<v Speaker 3>said he couldn't have done it because he was with

596
00:37:23.800 --> 00:37:25.800
<v Speaker 3>them all day at the salvag.

597
00:37:25.480 --> 00:37:29.960
<v Speaker 7>Yard, right, and what does his wife say? What does

598
00:37:29.960 --> 00:37:33.039
<v Speaker 7>Stephen Avery's wife say? And you know with the five kids,

599
00:37:33.159 --> 00:37:35.480
<v Speaker 7>I mean, what we did I haven't mentioned as well.

600
00:37:35.559 --> 00:37:39.440
<v Speaker 7>It's just six days before they have twin boys, his

601
00:37:39.599 --> 00:37:43.679
<v Speaker 7>wife and Stevens. So that's another just another thing to

602
00:37:43.920 --> 00:37:45.079
<v Speaker 7>put to the story as well.

603
00:37:45.199 --> 00:37:48.719
<v Speaker 3>Add yeah, yeah, and I try to give somewhat of

604
00:37:48.760 --> 00:37:53.639
<v Speaker 3>a description of the Avery family, you know, as also

605
00:37:53.760 --> 00:37:57.199
<v Speaker 3>you wanted your readers to know what these people are like,

606
00:37:57.320 --> 00:37:58.960
<v Speaker 3>but you don't want to make it real boring. You

607
00:37:59.119 --> 00:38:01.960
<v Speaker 3>try to get out of you kind of unusual things.

608
00:38:02.000 --> 00:38:04.840
<v Speaker 3>And I try to give somewhat of a description about

609
00:38:04.880 --> 00:38:08.880
<v Speaker 3>that by by explaining how they named their children, the

610
00:38:08.960 --> 00:38:12.719
<v Speaker 3>two twins that were born. Yeah, they named them William

611
00:38:13.159 --> 00:38:17.199
<v Speaker 3>and Billy Junior. So I don't know if any of

612
00:38:17.280 --> 00:38:20.840
<v Speaker 3>your listeners are familiar with the American movie Deliverance, but

613
00:38:21.480 --> 00:38:26.000
<v Speaker 3>it's close to that kind of there at the old

614
00:38:26.079 --> 00:38:27.239
<v Speaker 3>Avery salvage here.

615
00:38:29.079 --> 00:38:32.440
<v Speaker 7>Yeah, yeah, you get that picture with the Bill and William,

616
00:38:32.440 --> 00:38:34.519
<v Speaker 7>and they're just totally oblivious that this is the same

617
00:38:34.679 --> 00:38:37.639
<v Speaker 7>name or that anyone would consider it the same name.

618
00:38:37.760 --> 00:38:40.719
<v Speaker 7>So it's it's yeah, there's there's some there's some antidotes

619
00:38:40.760 --> 00:38:43.360
<v Speaker 7>that kind of properly illustrate that.

620
00:38:43.880 --> 00:38:47.559
<v Speaker 9>Wait, the lucky landslide. You can get lucky just about anywhere.

621
00:38:48.519 --> 00:38:51.360
<v Speaker 5>It's your captain speaking. We've got clear runway and the

622
00:38:51.400 --> 00:38:53.199
<v Speaker 5>weather's fine. But we're just going to circle up here

623
00:38:53.239 --> 00:38:56.280
<v Speaker 5>a while and get lucky. No, no, nothing like that.

624
00:38:56.440 --> 00:38:58.800
<v Speaker 5>It's just these cash prizes ad up quick, so I

625
00:38:58.920 --> 00:39:01.840
<v Speaker 5>suggest you sit back your trade table upright and start

626
00:39:01.880 --> 00:39:02.400
<v Speaker 5>getting lucky.

627
00:39:03.280 --> 00:39:06.039
<v Speaker 9>Play for free at lucky landslides dot com. Are you

628
00:39:06.239 --> 00:39:09.880
<v Speaker 9>feeling lucky? No purchase necessary void. We're prohibited by Law

629
00:39:10.000 --> 00:39:13.559
<v Speaker 9>eighteen plus. Terms and conditions apply. See website for details.

630
00:39:15.960 --> 00:39:18.519
<v Speaker 6>With everything you have on your plate, earning your degree

631
00:39:18.599 --> 00:39:23.239
<v Speaker 6>online seems impossible. But at Grand Canyon University, we specialize

632
00:39:23.280 --> 00:39:25.920
<v Speaker 6>in helping you fit a master's degree in education into

633
00:39:25.960 --> 00:39:29.199
<v Speaker 6>your busy day. Your graduation team, led by your own

634
00:39:29.320 --> 00:39:32.800
<v Speaker 6>GCU counselor, provides you with the personal support you need

635
00:39:32.880 --> 00:39:36.000
<v Speaker 6>to succeed achieve your goals. With the plan and team

636
00:39:36.159 --> 00:39:40.360
<v Speaker 6>behind you, find your purpose at Grand Canyon University, visit

637
00:39:40.480 --> 00:39:41.679
<v Speaker 6>GCU dot edu.

638
00:39:44.400 --> 00:39:48.719
<v Speaker 7>Sure now, so how else do how else do police

639
00:39:48.960 --> 00:39:51.480
<v Speaker 7>proceed with this continua?

640
00:39:51.519 --> 00:39:51.760
<v Speaker 1>Please?

641
00:39:52.840 --> 00:39:56.280
<v Speaker 3>Okay? Sure? Well, you know they don't have a lot

642
00:39:56.360 --> 00:40:01.960
<v Speaker 3>of evident really. Other than the the identification by the

643
00:40:02.079 --> 00:40:06.320
<v Speaker 3>victim by Penny Burnson, they ignore a few other things.

644
00:40:07.760 --> 00:40:10.760
<v Speaker 3>They ignore the fact that Penny received a phone call

645
00:40:11.760 --> 00:40:15.000
<v Speaker 3>from somebody who she believed was her assailant a couple

646
00:40:15.039 --> 00:40:17.639
<v Speaker 3>of days after the crime. Not an unusual thing, as

647
00:40:17.679 --> 00:40:23.119
<v Speaker 3>you know with sexual assaults or other sociopaths, to call

648
00:40:23.280 --> 00:40:27.440
<v Speaker 3>their victim after a crime. And you can imagine Penny

649
00:40:27.519 --> 00:40:30.519
<v Speaker 3>at home recovering a couple of days after leaving the hospital,

650
00:40:30.679 --> 00:40:34.599
<v Speaker 3>receiving this call from this guy who says, you know,

651
00:40:34.920 --> 00:40:38.920
<v Speaker 3>is Penny there and or is Tom there? And he

652
00:40:39.119 --> 00:40:44.239
<v Speaker 3>knows her number, he knows where she lives, presumably, and

653
00:40:45.199 --> 00:40:50.199
<v Speaker 3>this is the mo of who had turned out actually

654
00:40:50.280 --> 00:40:53.480
<v Speaker 3>did assault Penny Burson. But anyhow, Stephen Eavery was in

655
00:40:53.599 --> 00:40:56.280
<v Speaker 3>jail with no access to a phone, so it couldn't

656
00:40:56.280 --> 00:40:59.960
<v Speaker 3>have been him. But the police ignore that. They tell Penny,

657
00:41:00.119 --> 00:41:02.440
<v Speaker 3>you know, you must you have the right guy. Let

658
00:41:02.559 --> 00:41:05.920
<v Speaker 3>us handle this. So the police did their thing. And

659
00:41:06.000 --> 00:41:09.639
<v Speaker 3>when it gets to the prosecution, that's when the trial

660
00:41:10.360 --> 00:41:13.039
<v Speaker 3>is when the case I think, really takes off in

661
00:41:13.159 --> 00:41:16.719
<v Speaker 3>terms of how the system is not supposed to work.

662
00:41:18.039 --> 00:41:20.760
<v Speaker 7>Yeah, no, like tell us about the trial. We have

663
00:41:21.039 --> 00:41:25.840
<v Speaker 7>some interesting characters at trial. At first we have the

664
00:41:26.000 --> 00:41:33.039
<v Speaker 7>court appointed defense attorney is a woman named Reesa Evans Marcignik. Again,

665
00:41:33.039 --> 00:41:35.440
<v Speaker 7>I'm probably mangling that name. But she's a court of

666
00:41:35.519 --> 00:41:38.920
<v Speaker 7>appointed lawyer. Tell us what happens there. I mean, that's

667
00:41:38.920 --> 00:41:41.239
<v Speaker 7>an unfortunate thing. She seems to be a real fighter

668
00:41:41.360 --> 00:41:44.599
<v Speaker 7>and believes that Steven Avery is innocent, So tell us

669
00:41:44.639 --> 00:41:47.320
<v Speaker 7>what happens there and who ends up being tell us

670
00:41:47.360 --> 00:41:50.840
<v Speaker 7>about Judge Fred Hazelwood and his reputation as a judge

671
00:41:50.880 --> 00:41:52.320
<v Speaker 7>before all of all this occurs.

672
00:41:53.239 --> 00:42:01.039
<v Speaker 3>Sure, Avery's first court appoint lawyer Evans Marcius, which she

673
00:42:01.280 --> 00:42:04.760
<v Speaker 3>ended up telling reporters and other people years later that

674
00:42:04.880 --> 00:42:07.360
<v Speaker 3>she wouldn't even go to the beach where Avery was

675
00:42:07.800 --> 00:42:11.000
<v Speaker 3>where the assault occurred. She would never go there because

676
00:42:11.039 --> 00:42:14.400
<v Speaker 3>she still believed the real assailant was out there. So

677
00:42:14.800 --> 00:42:18.280
<v Speaker 3>this is somebody who really believed in her clients innocence. Frankly,

678
00:42:18.519 --> 00:42:20.599
<v Speaker 3>you know, most of us in the system down here

679
00:42:20.719 --> 00:42:23.679
<v Speaker 3>as prosecutor or as a defense lawyer. Even the defense

680
00:42:23.760 --> 00:42:26.920
<v Speaker 3>lawyers get pretty jaded after awhile and they don't really

681
00:42:27.000 --> 00:42:30.000
<v Speaker 3>believe their clients, and they say they're not guilty. Hopefully

682
00:42:30.039 --> 00:42:33.000
<v Speaker 3>we're not charging people they're guilty. But she was so

683
00:42:33.360 --> 00:42:36.039
<v Speaker 3>convinced that her client was innocent that she would not

684
00:42:36.239 --> 00:42:39.119
<v Speaker 3>go down there to investigate the case or take pictures

685
00:42:39.360 --> 00:42:43.320
<v Speaker 3>or talk to people or anything. Penny filed eighteen motions.

686
00:42:43.920 --> 00:42:47.000
<v Speaker 3>Excuse me that Penny Resa, the first attorney, filed eighteen

687
00:42:47.119 --> 00:42:50.199
<v Speaker 3>motions in court. I think one was granted and it

688
00:42:50.280 --> 00:42:55.639
<v Speaker 3>was a fairly meaningless motion. And then she became ill,

689
00:42:56.760 --> 00:42:58.960
<v Speaker 3>there was a physical illness, and she had to leave

690
00:42:59.039 --> 00:43:02.880
<v Speaker 3>the case. So another public defender was then appointed and

691
00:43:03.039 --> 00:43:06.400
<v Speaker 3>had to come up to speed really quick. Judge Fred

692
00:43:06.480 --> 00:43:09.800
<v Speaker 3>Hazelwood was the judge in the case, a trial judge,

693
00:43:10.960 --> 00:43:14.440
<v Speaker 3>and I think it's I'm hoping that it comes out

694
00:43:14.519 --> 00:43:16.400
<v Speaker 3>in the book what kind of judge he is, you know,

695
00:43:16.480 --> 00:43:18.400
<v Speaker 3>and there may not be too many of those left,

696
00:43:18.480 --> 00:43:23.079
<v Speaker 3>the very kind of down to earth, friendly, humorous judge

697
00:43:24.760 --> 00:43:30.239
<v Speaker 3>trying to do his best. And the trial. You know,

698
00:43:30.360 --> 00:43:32.199
<v Speaker 3>it's really a book that includes a lot of the

699
00:43:32.280 --> 00:43:36.840
<v Speaker 3>trial and how trials work, how jury selection works, how

700
00:43:37.320 --> 00:43:40.880
<v Speaker 3>jury gets sequestered, and was in the United States. You know,

701
00:43:41.000 --> 00:43:44.760
<v Speaker 3>they spend the time in a hotel, and of course

702
00:43:44.840 --> 00:43:48.920
<v Speaker 3>it's a cold time. It's in January. When this or December,

703
00:43:48.960 --> 00:43:51.840
<v Speaker 3>I should say when the trial occurs. And I'll say

704
00:43:51.880 --> 00:43:54.880
<v Speaker 3>one other thing, just that maybe there's some interest from

705
00:43:54.960 --> 00:43:59.159
<v Speaker 3>your listeners here too. The time of This trial was

706
00:43:59.320 --> 00:44:05.079
<v Speaker 3>about two weeks before Christmas in December of nineteen eighty five.

707
00:44:06.119 --> 00:44:09.920
<v Speaker 3>And if you're a criminal defendant and a serious case

708
00:44:10.119 --> 00:44:13.159
<v Speaker 3>like this one was, it's hard to get a worse

709
00:44:13.519 --> 00:44:17.079
<v Speaker 3>time to have a trial than around two weeks before Christmas,

710
00:44:18.079 --> 00:44:21.000
<v Speaker 3>because the last thing the jury wants to do is

711
00:44:21.199 --> 00:44:24.519
<v Speaker 3>send a victim like Tenny Bernston home with a not

712
00:44:24.719 --> 00:44:28.840
<v Speaker 3>guilty verdict. Penny got up on that stand and explained,

713
00:44:28.960 --> 00:44:32.159
<v Speaker 3>you know, and was so good at explaining the trauma

714
00:44:32.440 --> 00:44:35.119
<v Speaker 3>of everything that happened to her and was a very

715
00:44:35.320 --> 00:44:39.000
<v Speaker 3>very sympathetic person. And as much as the jury would

716
00:44:39.079 --> 00:44:41.760
<v Speaker 3>look at this and say, you know, we can't find

717
00:44:41.840 --> 00:44:45.519
<v Speaker 3>guilt unless it's proved beyond a reasonable doubt, it would

718
00:44:45.559 --> 00:44:49.239
<v Speaker 3>be really tough for them to send that not guilty

719
00:44:49.360 --> 00:44:53.440
<v Speaker 3>verdict because that would just crush her. And right around Christmas, people,

720
00:44:53.519 --> 00:44:57.159
<v Speaker 3>the people are you know, sugar problems are dancing in

721
00:44:57.159 --> 00:44:59.559
<v Speaker 3>their head, and they're worried about their shopping, and they're

722
00:44:59.599 --> 00:45:03.239
<v Speaker 3>not paying perhaps quite as close attention as they should

723
00:45:03.280 --> 00:45:07.159
<v Speaker 3>be to legal issues like proof beyond a reasonable doubt

724
00:45:07.320 --> 00:45:10.719
<v Speaker 3>and circumstantial evidence and credibility and that sort of thing.

725
00:45:11.440 --> 00:45:18.920
<v Speaker 7>Sure, so, now, what are the charges officially that are

726
00:45:19.000 --> 00:45:22.719
<v Speaker 7>levied against Stephen Avery. What is he potentially up for

727
00:45:22.920 --> 00:45:23.719
<v Speaker 7>to be convicted of.

728
00:45:24.679 --> 00:45:27.400
<v Speaker 3>Yeah, he's charge of a first degree sexual assault and

729
00:45:27.559 --> 00:45:31.440
<v Speaker 3>attempted murder. Well, so those are the charges that he's facing,

730
00:45:31.559 --> 00:45:33.239
<v Speaker 3>including the attempted murder.

731
00:45:33.440 --> 00:45:39.800
<v Speaker 7>Yeah, okay, Now, how does the trial proceed? There is

732
00:45:40.199 --> 00:45:42.719
<v Speaker 7>obviously some things that a judge can't allow in a

733
00:45:42.840 --> 00:45:48.440
<v Speaker 7>trial unless there is something in the deer in terms

734
00:45:48.480 --> 00:45:52.400
<v Speaker 7>of the jury selection that you found interesting. Tell us

735
00:45:53.039 --> 00:45:56.760
<v Speaker 7>how the trial proceeds or starts off. Tell us about

736
00:45:56.800 --> 00:45:59.559
<v Speaker 7>some interesting aspects of the trial right at the beginning.

737
00:46:00.519 --> 00:46:05.920
<v Speaker 3>Sure, Well, first of all, the jury in a relatively

738
00:46:06.000 --> 00:46:10.480
<v Speaker 3>small county like ours, eighty thousand people, there's a pretty

739
00:46:10.519 --> 00:46:15.199
<v Speaker 3>good chance that some of the jurors might know some

740
00:46:15.400 --> 00:46:20.360
<v Speaker 3>of the police officers with a name family like the Avery's,

741
00:46:20.400 --> 00:46:23.639
<v Speaker 3>who had a lot of troubles. A few of the

742
00:46:23.760 --> 00:46:29.119
<v Speaker 3>jurors knew of Avery's, and and you know, those things

743
00:46:29.239 --> 00:46:31.880
<v Speaker 3>come out, So there's sort of a built in prejudice.

744
00:46:32.000 --> 00:46:36.480
<v Speaker 3>As much as you you try to make sure that

745
00:46:36.679 --> 00:46:39.199
<v Speaker 3>doesn't happen a child, but you know, so you had

746
00:46:39.280 --> 00:46:42.800
<v Speaker 3>jurors answering questions about, well, do you know the Averis

747
00:46:42.840 --> 00:46:45.960
<v Speaker 3>and how well sure I used to you know, know

748
00:46:46.199 --> 00:46:50.000
<v Speaker 3>them from school before you know, Johnny got kicked out

749
00:46:50.039 --> 00:46:52.840
<v Speaker 3>of school or something like that. So some of those

750
00:46:52.960 --> 00:46:54.880
<v Speaker 3>things that come out. And then at the same time,

751
00:46:54.960 --> 00:46:57.760
<v Speaker 3>a few of the jurors were, you know, this police

752
00:46:57.800 --> 00:47:00.480
<v Speaker 3>officer I go to church with, and this was my

753
00:47:00.599 --> 00:47:03.360
<v Speaker 3>boy scout, my son's boy scout leader, things like that.

754
00:47:04.000 --> 00:47:07.199
<v Speaker 3>So it's a tough jury for the Avery, for Steven

755
00:47:07.239 --> 00:47:10.679
<v Speaker 3>Avery to have as far as the trial itself. You know,

756
00:47:10.960 --> 00:47:14.599
<v Speaker 3>if you don't have the goods on a trial side,

757
00:47:14.639 --> 00:47:20.719
<v Speaker 3>what you do is you play to emotion. It's the

758
00:47:20.840 --> 00:47:24.400
<v Speaker 3>thing that prosecutors should not do. We're supposed to be

759
00:47:24.480 --> 00:47:28.760
<v Speaker 3>interested in, you know, truth and justice and frankly it

760
00:47:28.840 --> 00:47:31.239
<v Speaker 3>has more to do with reason. And this is the proof,

761
00:47:31.480 --> 00:47:34.679
<v Speaker 3>you know. But this prosecutor knew he had a weak case,

762
00:47:34.840 --> 00:47:38.920
<v Speaker 3>and he really played on the jury's sympathy, including to

763
00:47:39.000 --> 00:47:41.760
<v Speaker 3>the point where he had the victim, Penny and her

764
00:47:41.880 --> 00:47:46.760
<v Speaker 3>husband Tom, basically reenact the crime in front of the jury.

765
00:47:47.599 --> 00:47:51.360
<v Speaker 3>Not quite all the way, but he had Penny's husband

766
00:47:52.079 --> 00:47:56.280
<v Speaker 3>show how her assailant grant her and what you know,

767
00:47:56.480 --> 00:47:59.360
<v Speaker 3>how he pushed her onto the ground and their Penny

768
00:47:59.519 --> 00:48:01.719
<v Speaker 3>is on the growth with her husband on top of her,

769
00:48:02.760 --> 00:48:06.360
<v Speaker 3>only using this to try to show the jury how

770
00:48:06.400 --> 00:48:10.199
<v Speaker 3>horrible this claim was and really rely just and sympathy.

771
00:48:11.559 --> 00:48:14.159
<v Speaker 3>So the prosecution didn't have much. And when you don't

772
00:48:14.199 --> 00:48:17.800
<v Speaker 3>have much, you know, you explain to what you do it?

773
00:48:18.280 --> 00:48:21.360
<v Speaker 7>Sorry, explain why that is a problem. Why do you

774
00:48:21.440 --> 00:48:23.519
<v Speaker 7>have a problem with the I mean, I thought it

775
00:48:23.599 --> 00:48:27.159
<v Speaker 7>was quite unusual having someone other than someone from officially

776
00:48:27.199 --> 00:48:30.360
<v Speaker 7>from the court being part of the reenactment and putting

777
00:48:30.440 --> 00:48:34.159
<v Speaker 7>their the husband in there seems to be an emotional ploy.

778
00:48:34.280 --> 00:48:38.440
<v Speaker 7>But other than that, or you speak to why specifically

779
00:48:38.639 --> 00:48:42.039
<v Speaker 7>this is so wrong that the not only did the

780
00:48:42.119 --> 00:48:44.920
<v Speaker 7>prosecution resort to but then again, how did the judge

781
00:48:44.960 --> 00:48:47.239
<v Speaker 7>allow it, and how did the defense not object to it?

782
00:48:47.360 --> 00:48:50.519
<v Speaker 7>And how was it not grounds from some form of appeal?

783
00:48:51.079 --> 00:48:54.559
<v Speaker 7>And for us simplistic folks, how to explain why this

784
00:48:54.760 --> 00:48:55.079
<v Speaker 7>is wrong?

785
00:48:56.480 --> 00:49:00.360
<v Speaker 3>Well, you know, it's it's it's a close Oh, it's

786
00:49:00.400 --> 00:49:03.239
<v Speaker 3>a gray area. It's not a question of you absolutely

787
00:49:03.440 --> 00:49:10.239
<v Speaker 3>can't appeal to emotion or you absolutely can't reenact the

788
00:49:10.360 --> 00:49:13.280
<v Speaker 3>crime with a husband. A lot of this is in

789
00:49:13.360 --> 00:49:15.440
<v Speaker 3>the discussion of the child court. If they're going to

790
00:49:15.440 --> 00:49:19.159
<v Speaker 3>allow that sort of thing. This judge thought, I guess

791
00:49:19.360 --> 00:49:24.719
<v Speaker 3>that it would help the jury be able to see

792
00:49:25.639 --> 00:49:29.039
<v Speaker 3>what occurred more helped the jury understand the crime. Perhaps,

793
00:49:31.199 --> 00:49:35.039
<v Speaker 3>I think, you know, with the attempted murder charge, the

794
00:49:35.199 --> 00:49:40.480
<v Speaker 3>prosecution could argue that exactly how the beating occurred would

795
00:49:40.480 --> 00:49:44.760
<v Speaker 3>be relevant because we have to show what's called unequivocal

796
00:49:44.880 --> 00:49:49.480
<v Speaker 3>intent to commit the murder, that he absolutely intended to

797
00:49:49.559 --> 00:49:53.559
<v Speaker 3>kill her. So exactly how the assailant grants her and

798
00:49:53.679 --> 00:49:56.400
<v Speaker 3>what he did with her, I suppose, you know, could

799
00:49:56.440 --> 00:49:59.440
<v Speaker 3>be deemed relevant and not just an appeal to emotion.

800
00:49:59.639 --> 00:50:02.760
<v Speaker 3>But as a prosecutor and as a lawyer, you know,

801
00:50:02.880 --> 00:50:05.519
<v Speaker 3>it just didn't pass the smell test. I know, when

802
00:50:05.559 --> 00:50:10.519
<v Speaker 3>a prosecutor is doing something just to show emotion, and

803
00:50:10.719 --> 00:50:15.400
<v Speaker 3>having her husband there and these are wonderful people, and

804
00:50:15.599 --> 00:50:20.559
<v Speaker 3>having her basically re victimized in court and bringing that

805
00:50:20.920 --> 00:50:24.280
<v Speaker 3>picture to the mind of the jury. It really isn't

806
00:50:24.360 --> 00:50:26.800
<v Speaker 3>what we're supposed to be about. The jury should be

807
00:50:26.920 --> 00:50:31.079
<v Speaker 3>looking at evidence based on you know, mostly reason. You know,

808
00:50:31.239 --> 00:50:35.639
<v Speaker 3>what does this really show? And most of this trial

809
00:50:35.840 --> 00:50:38.800
<v Speaker 3>was met so much about reason is what a horrible

810
00:50:38.920 --> 00:50:41.559
<v Speaker 3>crime this was, and we think this guy did it,

811
00:50:41.880 --> 00:50:45.400
<v Speaker 3>so therefore, please just sign him guilty and we'll put

812
00:50:45.440 --> 00:50:45.840
<v Speaker 3>him away.

813
00:50:47.039 --> 00:50:51.159
<v Speaker 7>Is there any responsible responsibility I'm part of the judge

814
00:50:51.360 --> 00:50:54.519
<v Speaker 7>for not being able for allowing this type of evidence

815
00:50:55.159 --> 00:50:57.480
<v Speaker 7>in this questionable You say it's a gray area, which

816
00:50:57.960 --> 00:51:00.760
<v Speaker 7>so it can be open to some interpreting. I would think,

817
00:51:01.880 --> 00:51:05.079
<v Speaker 7>is there any responsibility for the judge in this decision

818
00:51:05.159 --> 00:51:08.800
<v Speaker 7>to allow this information in this way.

819
00:51:10.360 --> 00:51:15.320
<v Speaker 3>Stepped in and not allowed the re enactment. But you know,

820
00:51:15.760 --> 00:51:19.159
<v Speaker 3>the judge doesn't know anything about the case other than

821
00:51:19.239 --> 00:51:22.559
<v Speaker 3>that he's given in court, so he's not privy to

822
00:51:22.599 --> 00:51:26.400
<v Speaker 3>all the information the police have. He's not privty other

823
00:51:26.559 --> 00:51:32.880
<v Speaker 3>information that that might cast doubt on the States case.

824
00:51:33.519 --> 00:51:36.320
<v Speaker 3>You know he did he didn't know that the real

825
00:51:36.400 --> 00:51:41.400
<v Speaker 3>assailant called Penny while Avery was in jail. So judge

826
00:51:41.440 --> 00:51:43.320
<v Speaker 3>is not quite in the same position.

827
00:51:44.760 --> 00:51:44.920
<v Speaker 6>You know.

828
00:51:45.079 --> 00:51:47.920
<v Speaker 3>We can kind of Monday morning quarterback, I guess, and say, well,

829
00:51:48.000 --> 00:51:50.239
<v Speaker 3>maybe the judge shouldn't have allowed this that or the

830
00:51:50.320 --> 00:51:53.199
<v Speaker 3>other thing. But they're there, I don't want to say,

831
00:51:53.400 --> 00:51:56.719
<v Speaker 3>just as a referee, but they're not the the main party.

832
00:51:58.119 --> 00:52:02.079
<v Speaker 3>They could and I think a good judge will limit

833
00:52:02.360 --> 00:52:05.280
<v Speaker 3>that kind of appeal to emotion if unless there's some

834
00:52:05.480 --> 00:52:07.719
<v Speaker 3>good reason to do it. You know, there are some gory,

835
00:52:07.840 --> 00:52:12.639
<v Speaker 3>gory pictures of Penny shown to the jerk here was

836
00:52:12.719 --> 00:52:15.800
<v Speaker 3>that necessary? I don't know? Close call?

837
00:52:16.679 --> 00:52:21.960
<v Speaker 7>Yeah, yeah, okay, So now what's what's Steven Avery?

838
00:52:22.159 --> 00:52:22.360
<v Speaker 9>Is he?

839
00:52:22.800 --> 00:52:26.480
<v Speaker 7>Is he who is his supporters other than his lawyers

840
00:52:26.519 --> 00:52:29.639
<v Speaker 7>obviously acting on his behalf? Is there any interest and

841
00:52:29.840 --> 00:52:32.440
<v Speaker 7>is anybody looking at this guy as an innocent person?

842
00:52:32.639 --> 00:52:34.960
<v Speaker 7>Does he have any supporters other than his Is his

843
00:52:35.119 --> 00:52:37.199
<v Speaker 7>family there to support him? I would imagine they would be.

844
00:52:37.280 --> 00:52:40.119
<v Speaker 7>But tell us about what what kind of support is

845
00:52:40.159 --> 00:52:41.119
<v Speaker 7>Stephen Avery getting.

846
00:52:42.480 --> 00:52:46.880
<v Speaker 3>Well, it's a large kind of extended family kind of

847
00:52:47.000 --> 00:52:49.840
<v Speaker 3>Avery client is what it came to be known as.

848
00:52:49.920 --> 00:52:55.199
<v Speaker 3>And and friends too. They had some different people who

849
00:52:55.239 --> 00:52:58.239
<v Speaker 3>were at the salvage yard that particular day when this

850
00:52:58.400 --> 00:53:01.880
<v Speaker 3>crime occurred with Steve and so they had about fifteen

851
00:53:02.000 --> 00:53:07.320
<v Speaker 3>witnesses actually testified that Avery was working with them on

852
00:53:07.440 --> 00:53:11.199
<v Speaker 3>a project that his haden on at this salvage yard,

853
00:53:11.800 --> 00:53:15.039
<v Speaker 3>and a lot of women who were inside a house

854
00:53:15.159 --> 00:53:18.639
<v Speaker 3>watching I think it was divorce court actually a show

855
00:53:18.719 --> 00:53:22.719
<v Speaker 3>we have down here. And then I'm sure there were

856
00:53:22.760 --> 00:53:26.559
<v Speaker 3>other people in the audience at the time too. And

857
00:53:26.679 --> 00:53:31.239
<v Speaker 3>then of course, you know, his lawyers both believed so

858
00:53:31.559 --> 00:53:36.880
<v Speaker 3>strongly in his innocence and bothered them for years as

859
00:53:37.039 --> 00:53:43.480
<v Speaker 3>every's appeal failed. After he was I've taught one of

860
00:53:43.519 --> 00:53:48.000
<v Speaker 3>these latters, and it just it severely affected him as

861
00:53:48.079 --> 00:53:51.079
<v Speaker 3>years went on. It just bothered him immensely to know

862
00:53:51.199 --> 00:53:54.199
<v Speaker 3>that he represented some guy who he was sure was

863
00:53:54.280 --> 00:53:58.360
<v Speaker 3>innocent but was spending year after year after year in

864
00:53:58.519 --> 00:53:59.679
<v Speaker 3>prison behind bars.

865
00:54:00.840 --> 00:54:04.559
<v Speaker 7>Okay, well we've got ahead of us a little bit,

866
00:54:04.679 --> 00:54:08.400
<v Speaker 7>so we now know that tell us, with these this

867
00:54:08.559 --> 00:54:12.320
<v Speaker 7>cast of characters, exactly how this trial gets to the

868
00:54:12.360 --> 00:54:15.000
<v Speaker 7>point that he is sentenced, What is he sentenced to?

869
00:54:16.199 --> 00:54:18.800
<v Speaker 7>And tell us the wrap up of the trial? What

870
00:54:19.440 --> 00:54:21.920
<v Speaker 7>you know, you put it in the book that Stephen

871
00:54:21.960 --> 00:54:25.159
<v Speaker 7>Avery and his family, especially Steven Avery, were totally surprised

872
00:54:25.159 --> 00:54:28.320
<v Speaker 7>by the outcome of this. But how does the trial

873
00:54:28.519 --> 00:54:32.599
<v Speaker 7>fair in terms of somebody just being an observer in

874
00:54:32.719 --> 00:54:35.960
<v Speaker 7>terms of Steven Avery's chances? And then ultimately you've you've

875
00:54:36.079 --> 00:54:40.199
<v Speaker 7>already alluded to that he is ultimately sentenced. So tell

876
00:54:40.280 --> 00:54:42.800
<v Speaker 7>us what happens in the trial wrap up and what

877
00:54:43.000 --> 00:54:43.760
<v Speaker 7>is he sentenced to?

878
00:54:45.679 --> 00:54:50.559
<v Speaker 3>Sure the jury goes out kind of in the in

879
00:54:50.679 --> 00:54:56.800
<v Speaker 3>the in the late afternoon one day, and they can't

880
00:54:56.880 --> 00:55:00.800
<v Speaker 3>reach a verdict that first night, and then they asked

881
00:55:00.880 --> 00:55:04.400
<v Speaker 3>for some evidence. They want to see his shoes or

882
00:55:04.480 --> 00:55:07.760
<v Speaker 3>his boots, and I think it was to see we're guessing,

883
00:55:07.880 --> 00:55:10.039
<v Speaker 3>I guess, but they wanted to find out if there

884
00:55:10.119 --> 00:55:13.119
<v Speaker 3>was any sand on those shoes, is what most people

885
00:55:13.159 --> 00:55:16.760
<v Speaker 3>would have thought. The police had confiscated his shoes that night,

886
00:55:17.679 --> 00:55:21.440
<v Speaker 3>and they're looking for sand that was on the beach,

887
00:55:21.559 --> 00:55:24.199
<v Speaker 3>I suppose, and they wouldn't have seen any sand, so

888
00:55:26.079 --> 00:55:29.800
<v Speaker 3>that wasn't didn't do much for him. And then they

889
00:55:29.840 --> 00:55:35.400
<v Speaker 3>were out another later that next evening, the second day

890
00:55:35.440 --> 00:55:38.920
<v Speaker 3>at deliberations. I believe it was when they walked Avery

891
00:55:39.000 --> 00:55:42.679
<v Speaker 3>over from the jail. It was a sun was setting

892
00:55:43.000 --> 00:55:48.000
<v Speaker 3>kind of four point thirty at night and winter time,

893
00:55:48.599 --> 00:55:51.960
<v Speaker 3>bitter cold. Here he and his family stood to hear

894
00:55:52.800 --> 00:55:57.119
<v Speaker 3>the jury pronounce the word guilty of both counts attempted

895
00:55:57.199 --> 00:56:02.519
<v Speaker 3>murder and first degree sexual Judge Hazelwood two or three

896
00:56:02.559 --> 00:56:05.639
<v Speaker 3>months later, at the sentencing hearing, sentenced mister Avery to

897
00:56:06.559 --> 00:56:12.239
<v Speaker 3>thirty six years excuse me, thirty two years prison in

898
00:56:12.360 --> 00:56:15.159
<v Speaker 3>prison in the Wisconsin State Prison. So he was shipped

899
00:56:15.239 --> 00:56:19.880
<v Speaker 3>off to a Dodge Correctional Institute, and here in Wisconsin

900
00:56:20.000 --> 00:56:22.920
<v Speaker 3>is the receiving institution for anyone who sent to prison

901
00:56:24.119 --> 00:56:26.079
<v Speaker 3>from Milwaukee or any other part of the state.

902
00:56:27.639 --> 00:56:30.960
<v Speaker 7>Now we are only have a few minutes left, but

903
00:56:31.280 --> 00:56:33.360
<v Speaker 7>we're going to go a little bit extra if you

904
00:56:33.400 --> 00:56:35.920
<v Speaker 7>can stay with us for another few minutes after that,

905
00:56:36.039 --> 00:56:39.840
<v Speaker 7>because sure we're nowhere near into the This is incredible

906
00:56:40.079 --> 00:56:44.000
<v Speaker 7>story and that's why it's so involved. Now he is sentenced,

907
00:56:44.039 --> 00:56:46.920
<v Speaker 7>he's shipped off the prison. I thought was interesting part

908
00:56:46.960 --> 00:56:49.960
<v Speaker 7>of your book too, is that Alan Avery, his father

909
00:56:50.199 --> 00:56:53.800
<v Speaker 7>called the judge immediately after the sentencing. And maybe you

910
00:56:53.840 --> 00:56:56.039
<v Speaker 7>can tell us this little antidote, because again it shows

911
00:56:56.079 --> 00:56:58.360
<v Speaker 7>the character of the family and the father.

912
00:57:00.360 --> 00:57:03.840
<v Speaker 3>Uh. Yeah, Alan Avery, Stephen Avery's father called the judge

913
00:57:04.519 --> 00:57:10.320
<v Speaker 3>asking for his guns. Back is his weapons and uh

914
00:57:11.440 --> 00:57:18.159
<v Speaker 3>And the judge basically said he needed more information, uh

915
00:57:18.920 --> 00:57:23.719
<v Speaker 3>and uh and he they weren't his guns. And then

916
00:57:23.880 --> 00:57:26.960
<v Speaker 3>Alan Avery said that he's going to start making his

917
00:57:27.119 --> 00:57:30.840
<v Speaker 3>own probable cause determinations if he doesn't if he doesn't

918
00:57:30.880 --> 00:57:35.559
<v Speaker 3>get the guns back. So and he said this letter

919
00:57:35.599 --> 00:57:38.360
<v Speaker 3>and actually called I should say he called the judge

920
00:57:38.400 --> 00:57:41.960
<v Speaker 3>at night and asked for his guns. Back, and the

921
00:57:42.079 --> 00:57:45.239
<v Speaker 3>judge sent a letter back about probable cause and and

922
00:57:45.559 --> 00:57:47.880
<v Speaker 3>Anne Avery's response was, well, I'm going to start making

923
00:57:47.920 --> 00:57:50.880
<v Speaker 3>my own probable cause determinations if you don't get those

924
00:57:50.920 --> 00:57:51.719
<v Speaker 3>guns back to me.

925
00:57:52.519 --> 00:57:56.280
<v Speaker 7>Yeah, yes, that's interesting. Now tell us how you became

926
00:57:56.400 --> 00:58:00.880
<v Speaker 7>involved in this case at what point and and how

927
00:58:00.920 --> 00:58:03.239
<v Speaker 7>do you proceed with this and why. I mean what

928
00:58:03.440 --> 00:58:06.400
<v Speaker 7>I talked first, I think to the audience maybe was

929
00:58:06.400 --> 00:58:09.039
<v Speaker 7>the first introduction, but I'll talk about it now. I

930
00:58:09.199 --> 00:58:12.400
<v Speaker 7>found it very, very unusual. I don't know how often

931
00:58:12.440 --> 00:58:16.239
<v Speaker 7>this would happen, but a prosecutor trumpeting the case of

932
00:58:17.119 --> 00:58:23.119
<v Speaker 7>a convicted person is usually done from the defense attorneys

933
00:58:23.119 --> 00:58:26.599
<v Speaker 7>that are digging some up or from law schools where

934
00:58:27.639 --> 00:58:30.320
<v Speaker 7>you know the innocent projects where people are looking into

935
00:58:30.760 --> 00:58:33.119
<v Speaker 7>cold cases where people claim that they are innocent and

936
00:58:33.159 --> 00:58:35.880
<v Speaker 7>they look at the merit of those cases. Tell us

937
00:58:35.920 --> 00:58:37.599
<v Speaker 7>how you got involved with us and why.

938
00:58:39.079 --> 00:58:41.239
<v Speaker 3>It's funny ask that because my wife and I are

939
00:58:41.280 --> 00:58:44.280
<v Speaker 3>at a prosecutor's conference right now, and I'm wondering how

940
00:58:44.400 --> 00:58:48.360
<v Speaker 3>some of my cohorts throughout the state of Wisconsin are

941
00:58:48.440 --> 00:58:51.400
<v Speaker 3>thinking of this, because it's known that I've read in

942
00:58:51.440 --> 00:58:53.559
<v Speaker 3>this book and this TeV Maviy case was a very

943
00:58:53.639 --> 00:58:57.840
<v Speaker 3>high profile case, and I just have an article that

944
00:58:57.920 --> 00:59:03.119
<v Speaker 3>I wrote in our Wisconsin By monthly magazine. But I

945
00:59:03.280 --> 00:59:06.440
<v Speaker 3>tell you I became involved, and I wrote it because

946
00:59:06.679 --> 00:59:10.000
<v Speaker 3>of what happened is I became involved. I wasn't here

947
00:59:10.119 --> 00:59:13.199
<v Speaker 3>obviously when the runfel conviction occurred, but I was here

948
00:59:13.519 --> 00:59:16.840
<v Speaker 3>in two thousand and three when we got a call

949
00:59:16.960 --> 00:59:22.119
<v Speaker 3>from the State Crime Laboratory in Wisconsin saying that the

950
00:59:22.320 --> 00:59:28.320
<v Speaker 3>DNA evidence on this case, evidence from a HARE that

951
00:59:28.599 --> 00:59:34.079
<v Speaker 3>was located on the victim's body Antenny's person on her

952
00:59:34.960 --> 00:59:37.519
<v Speaker 3>back in nineteen eighty five. It's still preserved in evidence.

953
00:59:38.639 --> 00:59:42.519
<v Speaker 3>And the call was that the DNA came back not

954
00:59:42.800 --> 00:59:47.840
<v Speaker 3>to Stephen Avery, but to a different sex offender, a

955
00:59:48.119 --> 00:59:52.239
<v Speaker 3>known sex offender who was in prison, and his DNA

956
00:59:52.440 --> 00:59:55.920
<v Speaker 3>was on the prison DNA bank, the sex offender bank,

957
00:59:56.880 --> 00:59:59.880
<v Speaker 3>and it was a guy by the name of Gregory Allen.

958
01:00:00.480 --> 01:00:04.800
<v Speaker 3>So here we are, eighteen years after Avery was first

959
01:00:04.880 --> 01:00:09.880
<v Speaker 3>sentenced to prison, proof coming out in the form of

960
01:00:10.039 --> 01:00:13.719
<v Speaker 3>DNA that it was a different guy. It was Gregory

961
01:00:13.800 --> 01:00:18.559
<v Speaker 3>Allen and Dan we started this show. The first question

962
01:00:18.760 --> 01:00:22.039
<v Speaker 3>you asked me was that first scene I started with

963
01:00:22.559 --> 01:00:26.039
<v Speaker 3>that crime before the crime to Penny Burnson two weeks

964
01:00:26.079 --> 01:00:30.920
<v Speaker 3>before in July of nineteen eighty five, and that was

965
01:00:31.000 --> 01:00:36.199
<v Speaker 3>Gregory Allen. Gregory Allen had been committing horrible crimes worse

966
01:00:36.280 --> 01:00:40.320
<v Speaker 3>than Avery leading up to Penny Bernson's attack deck in

967
01:00:40.440 --> 01:00:43.679
<v Speaker 3>nineteen eighty five. And I don't know how much time

968
01:00:43.719 --> 01:00:46.000
<v Speaker 3>we have and I don't want to be too conclusive,

969
01:00:46.840 --> 01:00:50.480
<v Speaker 3>too much conclusion here ahead of time, but you know

970
01:00:50.679 --> 01:00:55.360
<v Speaker 3>the police were really watching Gregory Allen, and the other

971
01:00:55.559 --> 01:00:59.679
<v Speaker 3>police departments were convinced at the time it was Gregory

972
01:00:59.679 --> 01:01:03.760
<v Speaker 3>Allen and that's Stephen Avery. But they didn't go after

973
01:01:03.840 --> 01:01:05.880
<v Speaker 3>Gregory Allen. They went after Stephen Avery.

974
01:01:08.280 --> 01:01:11.800
<v Speaker 7>You talked about Gregory Allen as well. That the one

975
01:01:11.920 --> 01:01:15.679
<v Speaker 7>interesting part of this, you know, was that you had

976
01:01:15.719 --> 01:01:18.519
<v Speaker 7>spoken to a woman and then you also happened to

977
01:01:18.559 --> 01:01:20.639
<v Speaker 7>find a file that wasn't supposed to be where it

978
01:01:20.920 --> 01:01:23.519
<v Speaker 7>was where you did find it, where a complaint that

979
01:01:23.599 --> 01:01:26.719
<v Speaker 7>had been put into another file. So explain that turn

980
01:01:26.800 --> 01:01:28.400
<v Speaker 7>of events, because I think that was a little bit

981
01:01:28.440 --> 01:01:30.920
<v Speaker 7>of well as a turning point. You know, that was

982
01:01:30.960 --> 01:01:33.639
<v Speaker 7>a turning point in terms of information for you.

983
01:01:34.639 --> 01:01:37.119
<v Speaker 3>You bet it was. It was actually while we were

984
01:01:37.239 --> 01:01:42.159
<v Speaker 3>still on the conference call with the Attorney General's Office

985
01:01:42.239 --> 01:01:46.079
<v Speaker 3>and the crime lab from Madison with hants and indicating

986
01:01:46.119 --> 01:01:49.639
<v Speaker 3>that the DNA belong to this Gregory Allen. So I

987
01:01:50.000 --> 01:01:53.199
<v Speaker 3>went back and pulled the file, the nineteen eighty five

988
01:01:53.360 --> 01:01:57.000
<v Speaker 3>file back on the Stephen Avery prosecution. And while we're

989
01:01:57.079 --> 01:02:00.920
<v Speaker 3>still on the phone, I came across a complaint against

990
01:02:01.000 --> 01:02:04.199
<v Speaker 3>Gregory Allen, the name she had just used, the name

991
01:02:04.280 --> 01:02:09.000
<v Speaker 3>I never heard of before, and this criminal complaint was

992
01:02:09.039 --> 01:02:13.119
<v Speaker 3>in the Avery file. And I looked and it was

993
01:02:13.199 --> 01:02:16.000
<v Speaker 3>the same date of birth. And what it was is

994
01:02:16.079 --> 01:02:19.920
<v Speaker 3>a criminal complaint where Gregory Allen, the real assailant here,

995
01:02:20.559 --> 01:02:24.280
<v Speaker 3>had been charged with trying to commit the same type

996
01:02:24.280 --> 01:02:27.480
<v Speaker 3>of offense, basically lunging at a woman who was walking

997
01:02:27.559 --> 01:02:32.760
<v Speaker 3>her dog along the same stretch of beach on Lake Michigan.

998
01:02:33.719 --> 01:02:37.159
<v Speaker 3>So here it gets a little complicated. But here now

999
01:02:37.519 --> 01:02:42.280
<v Speaker 3>I know that the prosecutor who prosecuted Avery, Dennis Vogel,

1000
01:02:43.400 --> 01:02:47.840
<v Speaker 3>had also prosecuted Gregory Allen, the real assailant, for a

1001
01:02:48.239 --> 01:02:52.840
<v Speaker 3>very similar crime that occurred almost exactly a year earlier,

1002
01:02:52.960 --> 01:02:56.480
<v Speaker 3>on the same beach. And the Allen complaint was in

1003
01:02:56.599 --> 01:03:01.119
<v Speaker 3>the Avery file. And I tell you my aren't just drapped.

1004
01:03:01.280 --> 01:03:04.400
<v Speaker 3>I knew something wasn't looking right here at that point,

1005
01:03:04.559 --> 01:03:08.079
<v Speaker 3>that that this just wasn't an accident. It was just

1006
01:03:08.280 --> 01:03:09.599
<v Speaker 3>way too coincidental.

1007
01:03:10.800 --> 01:03:14.559
<v Speaker 7>Right, Yeah, Well that's it's it's just amazing that that

1008
01:03:15.079 --> 01:03:17.320
<v Speaker 7>turning point and how you've conveyed it in the book

1009
01:03:17.360 --> 01:03:20.199
<v Speaker 7>as well, is very very important. And it's just a

1010
01:03:20.239 --> 01:03:22.400
<v Speaker 7>little bit of chill up your spine when you realize

1011
01:03:24.239 --> 01:03:26.639
<v Speaker 7>you can you can this more than an inference. You know,

1012
01:03:26.679 --> 01:03:29.679
<v Speaker 7>you're putting this two and two together. So they've railroaded

1013
01:03:29.719 --> 01:03:34.960
<v Speaker 7>this guy when they had a real credible, dangerous person

1014
01:03:35.280 --> 01:03:38.440
<v Speaker 7>that easily they could have figured out who this was.

1015
01:03:38.599 --> 01:03:42.800
<v Speaker 7>It's very it's very strange, very strange tale. Now the

1016
01:03:42.880 --> 01:03:46.400
<v Speaker 7>thing is that we go ahead, well, I'm just going.

1017
01:03:46.360 --> 01:03:48.920
<v Speaker 3>To see it as you know, Dan, the Gregory Allen,

1018
01:03:49.000 --> 01:03:52.760
<v Speaker 3>the actual assailant who they who they did not prosecute

1019
01:03:52.960 --> 01:03:56.519
<v Speaker 3>because they railroaded avery. He was left free, he was out,

1020
01:03:56.920 --> 01:04:00.880
<v Speaker 3>not imprisonedly belonged, and he brutally raised a woman in

1021
01:04:00.960 --> 01:04:04.519
<v Speaker 3>Green Bay eight years later because he wasn't in prison

1022
01:04:04.559 --> 01:04:07.920
<v Speaker 3>where he belonged from this case, he broke into her

1023
01:04:08.000 --> 01:04:12.480
<v Speaker 3>house and attacked her while she was sleeping, So here's

1024
01:04:12.519 --> 01:04:17.400
<v Speaker 3>a case and one other thing if I could. The

1025
01:04:18.239 --> 01:04:21.440
<v Speaker 3>prosecutor at the time in the Avery case, Dennis Vogel,

1026
01:04:21.480 --> 01:04:26.840
<v Speaker 3>who is the one who wrongfully convicted Avery. He staff

1027
01:04:27.280 --> 01:04:30.039
<v Speaker 3>members of the DA's office actually came up to him

1028
01:04:30.199 --> 01:04:32.559
<v Speaker 3>during that case and said, look, we think you have

1029
01:04:32.760 --> 01:04:36.039
<v Speaker 3>the wrong guy. We think it's Gregory Allen. Because Allen

1030
01:04:36.159 --> 01:04:39.239
<v Speaker 3>was in court on other things and the DA lied.

1031
01:04:39.440 --> 01:04:43.679
<v Speaker 3>The DA said that, now I checked with Gregory Allen's

1032
01:04:43.719 --> 01:04:48.719
<v Speaker 3>probation officer, and the agent said that the approbation officer

1033
01:04:48.800 --> 01:04:51.920
<v Speaker 3>said he had an alibi that he was with He's

1034
01:04:52.039 --> 01:04:54.880
<v Speaker 3>sure that he was in Kiwani, a different city thirty

1035
01:04:54.920 --> 01:04:58.800
<v Speaker 3>miles north all day. Well, the Attorney General's report, after

1036
01:04:58.920 --> 01:05:02.079
<v Speaker 3>we took it to the Attorney General's office, ended up

1037
01:05:02.400 --> 01:05:05.519
<v Speaker 3>making it clear that Gregory Allen wasn't even on probation.

1038
01:05:06.400 --> 01:05:09.840
<v Speaker 3>So it's pretty clearly intentional at that part that the

1039
01:05:09.960 --> 01:05:14.920
<v Speaker 3>district attorney, although he and the police probably I'm sure

1040
01:05:15.000 --> 01:05:17.199
<v Speaker 3>they thought it was Avery in the first couple of days,

1041
01:05:17.760 --> 01:05:21.880
<v Speaker 3>they soon discovered that it wasn't Avery. But that whole

1042
01:05:22.000 --> 01:05:24.360
<v Speaker 3>feeling of well, he's a bad guy and we can't

1043
01:05:24.440 --> 01:05:27.119
<v Speaker 3>turn back now, so too bad, so sad, let's send

1044
01:05:27.199 --> 01:05:29.599
<v Speaker 3>him the prison. That's exactly what occurred here.

1045
01:05:30.400 --> 01:05:35.719
<v Speaker 7>Wow, incredible malicious prosecution certainly, and with devastating our repercussions.

1046
01:05:36.199 --> 01:05:39.719
<v Speaker 7>Now it takes you a few years to get Steven

1047
01:05:39.760 --> 01:05:42.000
<v Speaker 7>Avery out of prison? How many years exactly is the

1048
01:05:42.039 --> 01:05:44.599
<v Speaker 7>fight to finally you say, at this time he's in

1049
01:05:44.639 --> 01:05:47.000
<v Speaker 7>there at eighteen years, how long does it take to

1050
01:05:47.119 --> 01:05:48.239
<v Speaker 7>finally release him.

1051
01:05:49.079 --> 01:05:52.519
<v Speaker 3>Well, we moved quick once we got the physical evidence.

1052
01:05:52.920 --> 01:05:55.079
<v Speaker 3>He had been appealing twice. It went up to the

1053
01:05:55.159 --> 01:05:58.599
<v Speaker 3>State Supreme Court and it was denied by the first

1054
01:05:58.639 --> 01:06:01.159
<v Speaker 3>by the Court of Appeals, and the State Supreme Court

1055
01:06:01.239 --> 01:06:02.960
<v Speaker 3>did that one hear it, and then it came back

1056
01:06:03.000 --> 01:06:06.679
<v Speaker 3>again to the Court of Appeals. It gradually became apparent,

1057
01:06:06.880 --> 01:06:11.880
<v Speaker 3>even during those appeals that the state was maybe not

1058
01:06:12.119 --> 01:06:17.119
<v Speaker 3>sharing all evidence what's called exculpatory evidence, the evidence that

1059
01:06:19.119 --> 01:06:22.360
<v Speaker 3>has a tendency to show that the defendant is mass guilty.

1060
01:06:23.000 --> 01:06:26.119
<v Speaker 3>The appeals were based upon the state withholding or at

1061
01:06:26.159 --> 01:06:29.079
<v Speaker 3>least allegations that the state was withholding some of that evidence.

1062
01:06:29.119 --> 01:06:32.679
<v Speaker 3>But anyhow, those appeals failed, and then the Innofence Project

1063
01:06:32.760 --> 01:06:36.119
<v Speaker 3>finally got a hold of it, and the DNA was

1064
01:06:37.920 --> 01:06:41.960
<v Speaker 3>determined to be Allen. At that point, we did not

1065
01:06:42.119 --> 01:06:46.800
<v Speaker 3>feel comfortable just based on the DNA to just release

1066
01:06:47.199 --> 01:06:50.559
<v Speaker 3>mister Avery immediately, because you know, we didn't know all

1067
01:06:50.639 --> 01:06:53.800
<v Speaker 3>this at the time. And it's funny how one piece

1068
01:06:53.880 --> 01:06:57.320
<v Speaker 3>of physical evidence, the last hair, it was a pubic

1069
01:06:57.400 --> 01:07:00.719
<v Speaker 3>hair to be tested in this whole five well eighteen

1070
01:07:00.880 --> 01:07:04.960
<v Speaker 3>years later, was one thing we had linking the real assailant,

1071
01:07:05.039 --> 01:07:07.679
<v Speaker 3>Gregory Allen. But before we did that, we wanted to

1072
01:07:07.719 --> 01:07:09.760
<v Speaker 3>look at the whole file to make sure that just

1073
01:07:09.840 --> 01:07:13.400
<v Speaker 3>because that one here was there, that that doesn't necessarily

1074
01:07:13.559 --> 01:07:17.760
<v Speaker 3>mean that Avery wasn't somehow involved. So we looked through

1075
01:07:17.800 --> 01:07:21.960
<v Speaker 3>those boxes of evidence, poured through them all night actually,

1076
01:07:22.239 --> 01:07:26.400
<v Speaker 3>and it became pretty clear that no, Avery wasn't guilty.

1077
01:07:26.480 --> 01:07:30.119
<v Speaker 3>There was no other evidence other than a faulty identification

1078
01:07:30.280 --> 01:07:34.519
<v Speaker 3>of him under weird circumstances with the composite drawing, and

1079
01:07:34.679 --> 01:07:37.880
<v Speaker 3>we quickly did a stipulation with the Innocence Project and

1080
01:07:38.039 --> 01:07:42.000
<v Speaker 3>Avery was released from prison about three or four days later.

1081
01:07:42.960 --> 01:07:48.239
<v Speaker 7>It's not mean, of course, right, what was the last

1082
01:07:48.280 --> 01:07:49.119
<v Speaker 7>thing you just said? Sorry?

1083
01:07:51.760 --> 01:07:57.239
<v Speaker 3>His release was with a lot of media attention, cameras,

1084
01:07:57.320 --> 01:08:01.000
<v Speaker 3>TV cameras and newspapers all from all over the state,

1085
01:08:01.079 --> 01:08:03.960
<v Speaker 3>and even the New York Times had an article about

1086
01:08:04.000 --> 01:08:06.599
<v Speaker 3>this person who had had in prison for eighteen years.

1087
01:08:06.719 --> 01:08:09.079
<v Speaker 3>So when Avery walked out of prison, he was almost

1088
01:08:09.960 --> 01:08:12.639
<v Speaker 3>an instant celebrity in Wisconsin.

1089
01:08:13.039 --> 01:08:16.239
<v Speaker 7>And he got himself a good attorney, and he was

1090
01:08:16.319 --> 01:08:22.359
<v Speaker 7>looking at a fairly sizable income or a compensation for

1091
01:08:22.479 --> 01:08:23.800
<v Speaker 7>his time in prison, wasn't.

1092
01:08:23.640 --> 01:08:28.479
<v Speaker 3>He He was asking a thirty six million dollar lawsuit

1093
01:08:28.600 --> 01:08:30.560
<v Speaker 3>is what they had filed. I'm sure they wouldn't have

1094
01:08:30.600 --> 01:08:32.960
<v Speaker 3>got that, but it would have been well into the

1095
01:08:33.079 --> 01:08:35.279
<v Speaker 3>double digits million dollars.

1096
01:08:35.359 --> 01:08:40.600
<v Speaker 7>I'm sure now they're into This story comes in and

1097
01:08:40.720 --> 01:08:43.680
<v Speaker 7>this is a huge surprise in this story and just

1098
01:08:43.800 --> 01:08:47.239
<v Speaker 7>an amazing, amazing part of the story is a woman

1099
01:08:47.319 --> 01:08:52.399
<v Speaker 7>named Teresa Hallback and how does she want to why

1100
01:08:52.439 --> 01:08:55.199
<v Speaker 7>does she want to go to the Avery residence, the

1101
01:08:55.279 --> 01:09:00.439
<v Speaker 7>scrap yard? What's her reason for being anywhere near that property?

1102
01:09:02.000 --> 01:09:02.159
<v Speaker 6>Right?

1103
01:09:02.439 --> 01:09:06.000
<v Speaker 3>So this is about two years after Avery's released from prison,

1104
01:09:06.079 --> 01:09:08.520
<v Speaker 3>and in the book, I go through a few occasions

1105
01:09:08.560 --> 01:09:11.880
<v Speaker 3>that I had contact with Avery at one point in

1106
01:09:11.960 --> 01:09:15.479
<v Speaker 3>the deposition in the runfel conviction lawsuit and a different

1107
01:09:15.560 --> 01:09:18.039
<v Speaker 3>trial I did where I think he perjured himself. But

1108
01:09:19.319 --> 01:09:23.680
<v Speaker 3>this is now it's two years after he's released from prison.

1109
01:09:24.319 --> 01:09:28.840
<v Speaker 3>And Paul Back was a freelance photographer from this area

1110
01:09:28.880 --> 01:09:34.479
<v Speaker 3>of Wisconsin, Appleton, Wisconsin actually, and she is called out

1111
01:09:34.520 --> 01:09:38.760
<v Speaker 3>to the Avery Salvage Yard, sent there by her employer

1112
01:09:39.039 --> 01:09:44.359
<v Speaker 3>after Stephen Avery called and specifically asked for her to

1113
01:09:44.560 --> 01:09:48.680
<v Speaker 3>come out and take some pictures of a vehicle that

1114
01:09:48.840 --> 01:09:52.399
<v Speaker 3>he was putting up for sale and the Car Trader magazine.

1115
01:09:53.159 --> 01:09:55.399
<v Speaker 3>So she had been out there a few times before

1116
01:09:55.479 --> 01:09:58.920
<v Speaker 3>to do the same thing. And then on this particular

1117
01:09:59.119 --> 01:10:02.439
<v Speaker 3>date happened to be Halloween actually of two thousand and

1118
01:10:02.479 --> 01:10:06.760
<v Speaker 3>three October thirty one, two thousand and three, she went

1119
01:10:06.840 --> 01:10:10.039
<v Speaker 3>out to the Avery salvage Yard in rural Manitoa County

1120
01:10:10.199 --> 01:10:12.960
<v Speaker 3>to take this picture of a car that Avery was selling.

1121
01:10:15.000 --> 01:10:18.439
<v Speaker 7>And what happened to Teresa Hallback.

1122
01:10:19.279 --> 01:10:24.399
<v Speaker 3>Well, Teresa had gone missing on that day and about

1123
01:10:24.439 --> 01:10:29.000
<v Speaker 3>three days later, her mother called the authorities and told

1124
01:10:29.239 --> 01:10:31.680
<v Speaker 3>the police that she hadn't seen her daughter in three

1125
01:10:31.760 --> 01:10:34.880
<v Speaker 3>days and that was very unusual. Teresa didn't live with

1126
01:10:34.920 --> 01:10:37.640
<v Speaker 3>their parents, she lived on her own, but she had

1127
01:10:37.760 --> 01:10:43.199
<v Speaker 3>kept in close contact with them, and immediately a manhunt started.

1128
01:10:44.159 --> 01:10:47.279
<v Speaker 3>It became clear after not too long that she had

1129
01:10:47.319 --> 01:10:51.880
<v Speaker 3>disappointment at the Avery salvage yard. The police went out there,

1130
01:10:51.960 --> 01:10:55.159
<v Speaker 3>they did a quick look. They did not see her vehicle.

1131
01:10:55.319 --> 01:11:00.800
<v Speaker 3>She rove a Suva rav four think is what it was.

1132
01:11:01.800 --> 01:11:05.479
<v Speaker 3>And they, you know, they of course look at the

1133
01:11:05.560 --> 01:11:07.439
<v Speaker 3>last place she's known to be and that was the

1134
01:11:07.520 --> 01:11:10.039
<v Speaker 3>avery seller Jayard. But at first they did not see

1135
01:11:10.079 --> 01:11:17.720
<v Speaker 3>her vehicle, so they loved you know, as time goes on,

1136
01:11:17.880 --> 01:11:21.920
<v Speaker 3>it's getting worse. The story is getting media attention throughout

1137
01:11:21.960 --> 01:11:25.399
<v Speaker 3>Wisconsin because this is a you know, anyone that goes missing,

1138
01:11:25.479 --> 01:11:30.079
<v Speaker 3>of course, it's a story. Teresa Halbach was. I don't

1139
01:11:30.119 --> 01:11:35.039
<v Speaker 3>know how to say. She's a beautiful young woman, well known,

1140
01:11:35.760 --> 01:11:40.199
<v Speaker 3>well liked, and she was missing and days went by

1141
01:11:40.279 --> 01:11:44.720
<v Speaker 3>and she still wasn't found. So her family and friends,

1142
01:11:45.199 --> 01:11:48.039
<v Speaker 3>there was a group of volunteers that were searching for her.

1143
01:11:49.520 --> 01:11:53.039
<v Speaker 3>And eventually that group, about a week after she went missing,

1144
01:11:54.600 --> 01:11:57.279
<v Speaker 3>we're on the Avery sellar Jard property. They let him

1145
01:11:57.319 --> 01:11:59.760
<v Speaker 3>come on and they are the ones that found her

1146
01:12:00.520 --> 01:12:06.399
<v Speaker 3>suv garry and concealed with is a corner of the

1147
01:12:06.680 --> 01:12:07.359
<v Speaker 3>w yard.

1148
01:12:08.720 --> 01:12:13.199
<v Speaker 7>Right, and so they do they find when do they

1149
01:12:13.239 --> 01:12:15.399
<v Speaker 7>find her body on the property.

1150
01:12:16.119 --> 01:12:19.199
<v Speaker 3>They do what they should have. They backed off right away.

1151
01:12:19.319 --> 01:12:22.239
<v Speaker 3>They called police and I was on call at the

1152
01:12:22.319 --> 01:12:27.199
<v Speaker 3>time myself. So the police arrived high and the DA

1153
01:12:27.479 --> 01:12:31.800
<v Speaker 3>and myself, I'm an assistant DA, we arrived at the scene.

1154
01:12:32.880 --> 01:12:35.319
<v Speaker 3>I had actually kind of a long story, but I

1155
01:12:35.399 --> 01:12:37.640
<v Speaker 3>had run for DA and was the DA and my

1156
01:12:37.760 --> 01:12:41.359
<v Speaker 3>friend ended up doing the job anyhow, But long story,

1157
01:12:41.520 --> 01:12:45.039
<v Speaker 3>but the two of us arrived there and lots of police,

1158
01:12:45.119 --> 01:12:49.159
<v Speaker 3>lots of media, helicopter full in the air. It's a

1159
01:12:49.239 --> 01:12:53.560
<v Speaker 3>scene I'll never forget. Police dogs as as it turned

1160
01:12:53.640 --> 01:12:57.800
<v Speaker 3>into night, kind of a nice fall day turned into

1161
01:12:57.840 --> 01:13:02.720
<v Speaker 3>a driving cold rain as we were searching for what

1162
01:13:02.880 --> 01:13:07.199
<v Speaker 3>everybody thought was likely to be Teresa's body. You know,

1163
01:13:07.359 --> 01:13:10.279
<v Speaker 3>we didn't We didn't have that. We had our vehicle.

1164
01:13:11.319 --> 01:13:16.359
<v Speaker 3>But that night the police dogs hit on a burning

1165
01:13:16.439 --> 01:13:20.760
<v Speaker 3>barrel basically, and in that burning barrel, Teresa's remains were

1166
01:13:21.439 --> 01:13:24.560
<v Speaker 3>were discovered, along with parts of her cell phone.

1167
01:13:26.560 --> 01:13:29.760
<v Speaker 7>Now we will leave the story here for right now,

1168
01:13:29.840 --> 01:13:35.520
<v Speaker 7>and I'll just add for the audience, is is that uh,

1169
01:13:35.840 --> 01:13:39.479
<v Speaker 7>The fact is that when he got out of jail,

1170
01:13:39.640 --> 01:13:42.279
<v Speaker 7>he got the he was looking at the huge settlement.

1171
01:13:43.039 --> 01:13:45.199
<v Speaker 7>You said he was an instant celebrity. There was a

1172
01:13:45.279 --> 01:13:48.640
<v Speaker 7>lot of sympathy for, of course what he endured, being

1173
01:13:49.000 --> 01:13:52.560
<v Speaker 7>wrongfully convicted and railroaded and being in prison. And it

1174
01:13:52.840 --> 01:13:56.600
<v Speaker 7>was really accepted that there had been a police conspiracy

1175
01:13:57.000 --> 01:13:59.720
<v Speaker 7>obviously the sheriff and the deputy and everyone else, So

1176
01:13:59.800 --> 01:14:03.760
<v Speaker 7>that was an accepted thing. And now with the Teresa

1177
01:14:03.880 --> 01:14:08.079
<v Speaker 7>hallback and her body being found on the property, we're

1178
01:14:08.119 --> 01:14:10.720
<v Speaker 7>hearing the same story. So again I won't give the

1179
01:14:10.760 --> 01:14:13.079
<v Speaker 7>rest of the book away because there's still a lot

1180
01:14:13.159 --> 01:14:15.920
<v Speaker 7>more to happen. It's such an ironic twist, I think,

1181
01:14:16.000 --> 01:14:18.239
<v Speaker 7>and I think if people can keep that in mind,

1182
01:14:18.279 --> 01:14:21.479
<v Speaker 7>they'll when they finish this book, they'll realize, my god, yeah,

1183
01:14:21.600 --> 01:14:25.039
<v Speaker 7>that's that's an ironic twist if there ever was one.

1184
01:14:25.159 --> 01:14:27.720
<v Speaker 7>So I want to thank you Michael for coming on

1185
01:14:27.920 --> 01:14:33.600
<v Speaker 7>and weaving the story of this book Unreasonable Inferences. It's

1186
01:14:33.640 --> 01:14:35.960
<v Speaker 7>a great book, and I want to thank you very

1187
01:14:36.039 --> 01:14:39.000
<v Speaker 7>much for coming on and explaining it so very well

1188
01:14:39.159 --> 01:14:39.439
<v Speaker 7>for us.

1189
01:14:39.720 --> 01:14:42.319
<v Speaker 3>So all right, I really appreciate you having me Dan,

1190
01:14:42.359 --> 01:14:44.640
<v Speaker 3>It's a pleasure. Of course, people can can get the

1191
01:14:44.680 --> 01:14:50.000
<v Speaker 3>book if they want at Amazon sure it's or at

1192
01:14:50.039 --> 01:14:56.319
<v Speaker 3>our website. They could look at www. Unreasonable Inferences dot

1193
01:14:56.479 --> 01:15:02.119
<v Speaker 3>com are one word unreasonable inferences. I don't want to

1194
01:15:02.199 --> 01:15:04.640
<v Speaker 3>toot my own home horn, but people do say they

1195
01:15:04.880 --> 01:15:06.520
<v Speaker 3>you know, it's one of those things you just don't

1196
01:15:06.560 --> 01:15:09.600
<v Speaker 3>put down. And it's the story I think more than anything.

1197
01:15:09.680 --> 01:15:15.520
<v Speaker 3>It really is an unusual stranger than you know truth.

1198
01:15:15.680 --> 01:15:18.720
<v Speaker 3>You can't make this stuff up kind of a story.

1199
01:15:19.199 --> 01:15:22.039
<v Speaker 7>Absolutely, and and you know it's just a story that is,

1200
01:15:22.279 --> 01:15:25.319
<v Speaker 7>like you say, a page turner. I was. I got

1201
01:15:25.439 --> 01:15:28.840
<v Speaker 7>to thank Kim Katrell at two True Crime Book Reviews

1202
01:15:29.880 --> 01:15:33.119
<v Speaker 7>for turning me on. I probably wouldn't have known, or

1203
01:15:33.159 --> 01:15:34.760
<v Speaker 7>I would have known a lot later, let's put it

1204
01:15:34.840 --> 01:15:36.760
<v Speaker 7>that way. So I would really want to thank her

1205
01:15:36.840 --> 01:15:41.279
<v Speaker 7>for introducing us and and and as a result of

1206
01:15:41.560 --> 01:15:43.880
<v Speaker 7>you're one of a great guest and talking about a

1207
01:15:43.920 --> 01:15:47.039
<v Speaker 7>great book, and it's very well deserved. If this book's

1208
01:15:47.039 --> 01:15:49.279
<v Speaker 7>a little bit different than a lot of books because

1209
01:15:49.319 --> 01:15:52.479
<v Speaker 7>of the perspective that you you have being a prosecutor,

1210
01:15:52.840 --> 01:15:55.720
<v Speaker 7>and then again later like the person that gets them

1211
01:15:55.760 --> 01:15:58.159
<v Speaker 7>out of prison, then later is going to an investigate

1212
01:15:58.560 --> 01:16:01.359
<v Speaker 7>a crime that again this guy's accused of again. So

1213
01:16:01.439 --> 01:16:04.239
<v Speaker 7>it's an amazing twist. It's one of the most incredible

1214
01:16:04.279 --> 01:16:06.920
<v Speaker 7>stories with just when you think the thing has ended

1215
01:16:07.279 --> 01:16:11.000
<v Speaker 7>now it's more to come. So thanks very much, Michael,

1216
01:16:11.039 --> 01:16:14.560
<v Speaker 7>and have yourself a great evening. Great you too, day,

1217
01:16:14.960 --> 01:16:17.800
<v Speaker 7>Thank you very much. You've been listening to the program

1218
01:16:18.079 --> 01:16:20.640
<v Speaker 7>True Murder, the most shocking killers in true crime history,

1219
01:16:20.760 --> 01:16:23.479
<v Speaker 7>and the authors that have written about them. Thank you,

1220
01:16:23.600 --> 01:16:23.960
<v Speaker 7>good night,
