Latest / Crime Stories with Nancy Grace / Making a Murderer appeal: Should court toss Brendan Dassey conviction?
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- 0:05Speaker 1: Climb Stories with Nancy Grace on Serious x M Triumph
- 0:08Speaker 1: Channel one thirty two. Hundreds of thousands of people are
- 0:12Speaker 1: calling for the pardon of a convicted killer after the
- 0:15Speaker 1: Netflix series Making a Murderer exposed possible flaws in the
- 0:18Speaker 1: case that put him behind bars. We have you. Making
- 0:22Speaker 1: a Murderer tells the story of Stephen Aver. He's the
- 0:25Speaker 1: Wisconsin man who served eighteen years in prison for rape
- 0:28Speaker 1: before being exonerated in two thousand and three. We the
- 0:31Speaker 1: jury find the defendant guilty of only to find himself
- 0:34Speaker 1: in prison again on a murder conviction in two thousand seven.
- 0:40Speaker 1: Many viewers concluded Avery was framed by authorities who lied
- 0:44Speaker 1: and planted evidence. Stephen Avery is right where he needs
- 0:47Speaker 1: to be, in prison. I think he was innocent. Is innocent?
- 0:52Speaker 1: It turned into a documentary. I guess you should call
- 0:56Speaker 1: it a documentary Netflix, Making a Murderer. But what is
- 1:00Speaker 1: the real story behind the brutal sex assault and murder
- 1:07Speaker 1: of a twenty five year old photographer Teresa Hallback the
- 1:12Speaker 1: very latest in the saga of Stephen Avery and his nephew,
- 1:17Speaker 1: Brendan Dascy, who now both insists their innocent. But I
- 1:21Speaker 1: know different. I know, a different story because I was
- 1:26Speaker 1: lied straight to my face. Right now a legal motion
- 1:32Speaker 1: in court as the courts bring down the hammer. I mean,
- 1:37Speaker 1: you see, Grace, this is crime stories. Thank you for
- 1:40Speaker 1: being with us the truth about what happened to Teresa Hallback.
- 1:47Speaker 1: I want to go right now to Detective Tom Fastbender,
- 1:50Speaker 1: who worked on the case actually took one of Brandon
- 1:55Speaker 1: Dacy's many, many confessions. Also with me is Brenda who
- 2:01Speaker 1: is a Dassy case expert working with Fastbender and John
- 2:07Speaker 1: Lee reporter returned from the Post Crescent and Appleton, Wisconsin.
- 2:14Speaker 1: Detective Tom Fastbinder, thank you so much for being with us.
- 2:17Speaker 1: The reality is that Brendan Dascy gave multiple confessions. He
- 2:24Speaker 1: confessed to his mother on the phone, he confessed to
- 2:27Speaker 1: his cousin Keela, he confessed to police, he confessed on
- 2:31Speaker 1: a video tape confession by his own defense attorney. But
- 2:36Speaker 1: let's take it from the beginning. Tom, tell me about
- 2:40Speaker 1: the case for those of for those listeners just joining us,
- 2:44Speaker 1: How did it all start? Nancy, thanks for having me
- 2:48Speaker 1: on um. The case started basically with a missing person,
- 2:53Speaker 1: tre Sall Black being missing, and from there it went
- 2:57Speaker 1: into Louie homicide investigation, and her vehicle was found on
- 3:01Speaker 1: Stephen Avery's or the Avery Salvage yard where Stephen Avery lived,
- 3:06Speaker 1: and from there the evidence kept mounting, uh pointing directly
- 3:10Speaker 1: at Stephen Avery, and Uh the even speaks for herself.
- 3:14Speaker 1: He was ultimately convicted of the of the murder of
- 3:18Speaker 1: Teresa Halbach and his nephew, who he invited to help
- 3:24Speaker 1: with the abduction, sex assaulted murder. I was also convicted
- 3:29Speaker 1: based on Brendan Dacy statements that she that he made
- 3:33Speaker 1: the multiple statements you already referred to. This is what
- 3:35Speaker 1: we know. Terisa Hallback was an amateur photographer. Then she
- 3:41Speaker 1: started taking photos for the local auto triter. You know,
- 3:47Speaker 1: you've seen those magazines at the grocery store when you
- 3:49Speaker 1: walk in of all of the cars for sale, used cars.
- 3:55Speaker 1: She had gone to Stephen Amory the sub of making
- 4:00Speaker 1: a Murderer on Netflix before, to take pictures at his
- 4:05Speaker 1: auto salvage lot, and she hated it. She said he
- 4:10Speaker 1: was super creepy and didn't want to go back. Well,
- 4:14Speaker 1: to keep her job and keep going as a professional photographer,
- 4:19Speaker 1: she goes back. She's never seen alive again. Parts of
- 4:28Speaker 1: her bones and teeth were found in a quote fire
- 4:35Speaker 1: pit and Stephen Avery's back lot, just outside his office
- 4:41Speaker 1: of his auto salvage lot. Her car had been dragged
- 4:46Speaker 1: to the back of his lot and concealed with plywood
- 4:51Speaker 1: and tree limbs. Stephen Avery's DNA was on Teresa Hallback's car,
- 4:58Speaker 1: including on the ignition a bullet fragment covered and Teresa
- 5:04Speaker 1: Hallback's DNA was found in Stephen Avery's garage, but at
- 5:11Speaker 1: the time police did not know what had become of Teresa.
- 5:15Speaker 1: I started covering this case when Teresa was just a
- 5:19Speaker 1: missing person. Take a listen to its Stephen Avery, the target,
- 5:25Speaker 1: the star of Netflix, making a murderer, said to me, Steve,
- 5:33Speaker 1: and I understand that Teresa came to your auto salvage
- 5:38Speaker 1: lot to take photos for the auto Trader. Correct, she
- 5:42Speaker 1: came down by me. Okay? And Stephen, is my understanding
- 5:46Speaker 1: that also you stay that you saw her car leave? Yes,
- 5:50Speaker 1: I did, about what time between she was there between
- 5:53Speaker 1: two and two thirty, two thirty in the afternoon. Okay, Stephen,
- 5:57Speaker 1: how is it that her car could get it all
- 6:00Speaker 1: the way back in this pit area where there is uh, well,
- 6:05Speaker 1: I believe we're showing it right now. I mean, wouldn't
- 6:09Speaker 1: you have to pass back by the office again, Well
- 6:12Speaker 1: on the on the outskirts up the office ottwise backed
- 6:17Speaker 1: by me or back by Rdan's pitt in the corner.
- 6:20Speaker 1: It's all open. It's all open, so you can drive
- 6:24Speaker 1: in there, Mr Avery, did you see anyone else come in,
- 6:29Speaker 1: anyone unusual that didn't belong there? Well, during the night,
- 6:33Speaker 1: me and my brother had to go to to pick
- 6:36Speaker 1: up some more with the flat bed, and I've seen
- 6:39Speaker 1: tail lights backed by me. I wasn't supposed to be,
- 6:43Speaker 1: but we turned around and we went back there. Truck
- 6:46Speaker 1: your parked on the side, and I took the plot
- 6:48Speaker 1: flight all the flat bed and I looked around by
- 6:51Speaker 1: me and behind me, but I didn't see that. That
- 6:55Speaker 1: is from CNN's h l N program that I has
- 6:59Speaker 1: to for many many years. So he lied out right,
- 7:03Speaker 1: Tom Fastbender. I mean, the reality of what happened to
- 7:08Speaker 1: Teresa Holbike is that she went to go take the pictures.
- 7:12Speaker 1: He overcame her. He tied her up and chained her
- 7:17Speaker 1: to a bed, cut off her hair, stripped her, raped her,
- 7:24Speaker 1: brought over his nephew told him to quote have sex
- 7:27Speaker 1: with her. Brendan Dacy also raped her as she begged
- 7:31Speaker 1: him not to. Then they stabbed her as she screamed
- 7:37Speaker 1: and cried and begged him not to. Dascy also stabbed her.
- 7:42Speaker 1: Then to make sure she was dead, they shot her,
- 7:50Speaker 1: then burned her body, using her clothes to wipe up
- 7:54Speaker 1: her own blood through her clothes on top of her
- 7:59Speaker 1: naked body on a fire pit out in the backyard
- 8:02Speaker 1: of the auto salvage lot, and then pile things like
- 8:06Speaker 1: tires and whatever was around on top of that to
- 8:10Speaker 1: make sure her body burned in the fire. In the
- 8:14Speaker 1: days that followed, police found bits of her bones, teeth,
- 8:20Speaker 1: and the studs of the back of her Daisy Fuentes
- 8:23Speaker 1: Jeans Venue var Geese, former prosecutor and criminal defense attorney.
- 8:30Speaker 1: You handle appeals and post conviction motions, explain to me
- 8:35Speaker 1: why he believes he should have a new trial. I'm
- 8:40Speaker 1: talking about the nephew, Brendan Dacy, who the Seventh Circuit
- 8:45Speaker 1: Court of Appeals just rejected. First of all, Nancy, the
- 8:49Speaker 1: evidence is not overwhelming against Day. There is no DNA
- 8:54Speaker 1: licking him that shows that he was involved in any rate.
- 8:57Speaker 1: There is the issue of the confessions here, and with
- 9:00Speaker 1: all due respect to the detective. The confession stinks. There
- 9:04Speaker 1: was a lot of evidence that was fed to him
- 9:07Speaker 1: to a kid who's sixteen years old, who has a
- 9:10Speaker 1: very low i Q. Now hold on, wait a minute, Venu,
- 9:13Speaker 1: wait a minute. Are you talking about the confession that
- 9:17Speaker 1: never came into court taken by his own defense attorney who,
- 9:23Speaker 1: when he saw the case said we got to get
- 9:25Speaker 1: you a deal, Dassie, And he took a video interview
- 9:30Speaker 1: with leading questions and egging him on to give an
- 9:35Speaker 1: answer to use to give the prosecutors to show that
- 9:39Speaker 1: Brendan Dacy would be a great witness for the state
- 9:42Speaker 1: against Stephen Avery. Then when Kachinsky leaves the case, that
- 9:47Speaker 1: is what happened, and that never came in front of
- 9:49Speaker 1: the jury. That's not what I'm talking about any I'm
- 9:51Speaker 1: talking about what came in front of the jury. You
- 9:54Speaker 1: have gaps, You have all these leading questions for somebody's
- 9:57Speaker 1: frett kids. Think about it. Imagine if you're kid didn't
- 10:01Speaker 1: have the same capacity as somebody else, and he's being
- 10:05Speaker 1: fed answers, and every time that he and he's being
- 10:09Speaker 1: told look, things will be okay. And at one point
- 10:12Speaker 1: he's like, can I get back to school? And so
- 10:15Speaker 1: the you know, the Supreme Court of the United States
- 10:18Speaker 1: found that executions of juveniles are was pooled and unusual
- 10:22Speaker 1: punishment and outlaw. That's not even an issue. He's not
- 10:25Speaker 1: even facing the death penalty. No, he's not. He's not.
- 10:27Speaker 1: What I'm saying here though, So are you bringing it
- 10:29Speaker 1: off Supreme courtious? Father, that should find that interrogations of
- 10:34Speaker 1: screws juveniles, particularly those were a low mental capacity, is
- 10:39Speaker 1: cruel and unusual. I mean, this is a kid who's well, okay,
- 10:42Speaker 1: So if you have a low i Q and you're
- 10:45Speaker 1: sixtain and you rape a woman tied up in shain
- 10:49Speaker 1: to a band and then stab her dad, we don't
- 10:52Speaker 1: want to take your confession because, just so you know,
- 10:56Speaker 1: the mother came with him. Then the mother gave permission
- 11:00Speaker 1: for police to speak to him. The first few times
- 11:03Speaker 1: that they spoke to him, they thought he was just
- 11:05Speaker 1: a witness that knew something. Then he implicated himself. He
- 11:09Speaker 1: confessed on a recorded phone conversation to his mother. He
- 11:13Speaker 1: confessed to a cousin Kella. And very very important is
- 11:19Speaker 1: that his confessions match the physical evidence. So unless he's
- 11:25Speaker 1: a clairvoyant, he would not know those details. Detective Tom Fassbender,
- 11:31Speaker 1: I'd like to hear your response to Venue var Geese.
- 11:36Speaker 1: Thank you, Nancy. UH do you have you in question
- 11:38Speaker 1: that he is referring to is exactly that started I
- 11:42Speaker 1: as an interview until Brendan Dassy essentially blew us away
- 11:47Speaker 1: with some admissions that he made the beginning with the
- 11:51Speaker 1: fact that he said he raped Teresa Halbach at the
- 11:54Speaker 1: urging of Stephen Avery less than fifty minutes into the interview,
- 11:59Speaker 1: and I stress the Foft interview no yelling, no deprivation
- 12:04Speaker 1: of basic necessities, and he mentions that information was sid
- 12:10Speaker 1: to him. There were times when uh information was fed
- 12:13Speaker 1: to him and there were some leading questions. But I
- 12:15Speaker 1: can go through that interview and showed just as many
- 12:18Speaker 1: instances of him providing information to us that we had
- 12:22Speaker 1: no idea he was going to provide, essentially, like I said,
- 12:26Speaker 1: blowing us away, And also many instances where he resisted
- 12:30Speaker 1: any type of suggestion and denied involvements such as him
- 12:35Speaker 1: actually shooting trees that he vehemently denied that and did
- 12:38Speaker 1: not change his mind. UH, and in many other instances
- 12:42Speaker 1: and including the control question, that that he denied any
- 12:46Speaker 1: knowledge of um so I reality is tom the reality
- 12:52Speaker 1: as if he had stuck with Kaczynski, who was trying
- 12:55Speaker 1: to kind of deal for him, he had probably be
- 12:57Speaker 1: up for parole right now. Uh. I don't know that
- 13:02Speaker 1: he would get it the first time around, but he
- 13:04Speaker 1: would probably already be up for parole right now. But
- 13:09Speaker 1: instead he launched a defense that he gave a false
- 13:16Speaker 1: confession and that he really got the idea for everything
- 13:21Speaker 1: he was saying because he read the book Kissed the Girls. Yeah.
- 13:27Speaker 1: I mean, if you're that low of an iron Q
- 13:30Speaker 1: that he's claiming, I don't know how you could get
- 13:33Speaker 1: through kiss the Girls. Wasn't that turned into a movie
- 13:36Speaker 1: with Ashley Judd and Morgan Freeman. I mean he said
- 13:41Speaker 1: he on his own read the book Kissed the Girls,
- 13:47Speaker 1: and then created and masterminded the defense and masterminded his statement,
- 13:54Speaker 1: his so called confession, and that the confession was false.
- 13:59Speaker 1: That is what he told the jury. His new defense
- 14:03Speaker 1: attorney put him up on the stand and told the
- 14:07Speaker 1: jury that he was not involved, that they made him
- 14:12Speaker 1: get of a confession, although nobody yelled at him, beat him,
- 14:15Speaker 1: deprived him of food or water. His mommy was outside
- 14:17Speaker 1: the door, and one of them, Uh, that that was
- 14:21Speaker 1: all a big lie, and that really the truth is
- 14:24Speaker 1: this is what he said on the stand, that he
- 14:28Speaker 1: read the book Kissed the Girls and then came up
- 14:32Speaker 1: with a confession. That's where he got the idea. It's
- 14:36Speaker 1: amazing that the forensic evidence fits with his confession, but
- 14:42Speaker 1: not with the book kiss the Girls. I want to
- 14:46Speaker 1: pause very briefly and thank our sponsors are partners making
- 14:49Speaker 1: today's program on serious sex possible, as we give you
- 14:54Speaker 1: the bombshell news that the Seventh Circuit Court of Appeals
- 14:58Speaker 1: has rejected making a murderer Brendan Dacy's claim that he's
- 15:05Speaker 1: innocent and was forced to give a confession and really
- 15:08Speaker 1: based it all on a book you read. I want
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- 17:02Speaker 1: our partner. Joining me right now is John Lee, a
- 17:07Speaker 1: reporter retired from the Post Crescent in Appleton, Wisconsin. John Lee,
- 17:11Speaker 1: thank you so much for being with us along with
- 17:13Speaker 1: Detective Tom Fastbender, Brenda and the new Vargeese. John Lee,
- 17:20Speaker 1: you know the most recent ruling that has just come
- 17:23Speaker 1: down from the Seventh Circuit Court of Appeals rejecting Netflix
- 17:27Speaker 1: making a murderer star Brendan Dassy along with his UH
- 17:32Speaker 1: uncle Stephen Avery. What do you make of it, John Lee?
- 17:35Speaker 1: There's a few things. Number one, Um, when I talked
- 17:38Speaker 1: to the attorneys from Northwestern from day one, and the
- 17:43Speaker 1: Northwestern University attorneys took this case after no attorney in
- 17:49Speaker 1: Wisconsin would take it, mainly because of what Wisconsin pase
- 17:53Speaker 1: public defenders. But number two, and I mentioned it to
- 17:57Speaker 1: Tom once Um Brendan's UH testimony that he got the
- 18:05Speaker 1: information from Kiss the Girls. Um. He disputed that to me.
- 18:10Speaker 1: I interviewed Brendan at the county jail and Manito Walk
- 18:14Speaker 1: right after his conviction, and he called me about a
- 18:18Speaker 1: month or six weeks later from prison, after I had
- 18:20Speaker 1: sent a note, And one of the things he told
- 18:24Speaker 1: me is that before he went to prison, he had
- 18:27Speaker 1: never read a book. Um, but once he got the prison,
- 18:32Speaker 1: somebody sent him a collection of Harry Potter books that
- 18:36Speaker 1: he has started to read. But that was just completely
- 18:39Speaker 1: countered to his testimony that he got this information. Okay,
- 18:42Speaker 1: hold on, John lay White, you're telling me something brand new.
- 18:46Speaker 1: So his claim that he got up on the stand
- 18:49Speaker 1: under oath and told the jury that he had a
- 18:54Speaker 1: false confession, a co Werse confession, he had nothing to
- 18:58Speaker 1: do with Teresa Hallby, It's ripe and murder, and that
- 19:02Speaker 1: he based everything he said on a book he read,
- 19:04Speaker 1: Kissed the Girls, which was later turned into a movie
- 19:07Speaker 1: with Ashley Judd and Morgan Freeman, which I saw. Now,
- 19:12Speaker 1: are you telling me, John Lee? John Lee is form
- 19:16Speaker 1: a reporter with the Post Crescent. You're telling me that
- 19:20Speaker 1: he's telling you he's never read kiss the Girls. That's
- 19:23Speaker 1: exactly what he told me. I've done somewhere over four
- 19:27Speaker 1: hundred stories on this case. I started in Mr Cock
- 19:31Speaker 1: the weekend and they found the car and interviewed Brendan
- 19:35Speaker 1: two or three times after his convictions, and he had
- 19:39Speaker 1: told me then when we had talked about it. Another
- 19:43Speaker 1: thing to take in mind is where his attorneys says
- 19:47Speaker 1: he's a special needs student. He had some special classes,
- 19:52Speaker 1: but he was basically in mainstream classes. And I from
- 19:56Speaker 1: what I remember at the trial um and he was
- 20:00Speaker 1: picked up for the last time by Tom and Mark
- 20:04Speaker 1: Weigerton and gave the last or the interview at the
- 20:08Speaker 1: Manitouk Sheriff's department. He was in driver's at That's not
- 20:12Speaker 1: a special ed student. He may be low intelligence, but
- 20:16Speaker 1: he is not special ed. Wait a minute, Okay, this
- 20:20Speaker 1: is counter John Lee to everything the defense has been saying.
- 20:26Speaker 1: I mean, I was stunned when I found out different
- 20:31Speaker 1: things about Brendon Dascy that would suggest he is not
- 20:34Speaker 1: as low and i Q as they wanted me to believe.
- 20:38Speaker 1: But now I'm hearing he's in mainstream classes. I mean,
- 20:42Speaker 1: was the whole thing and act John Lee. I mean
- 20:45Speaker 1: when I say Stephen Avery and Brendan Dassy raped her
- 20:50Speaker 1: and killed her and burned her body, everybody acts like
- 20:53Speaker 1: I'm the devil. But that is what the facts show.
- 20:57Speaker 1: And he was in mainstream classes for a majority of
- 21:00Speaker 1: his classes. There's a couple other things to bring out.
- 21:03Speaker 1: Number one is and I don't think it was admitted
- 21:07Speaker 1: at trial, but Tom and Mark Weiger also investigated a
- 21:12Speaker 1: threat that Brendan made to a high school girl who
- 21:15Speaker 1: was picking at him, and Brendan said, if you don't
- 21:19Speaker 1: want you, you're gonna end up like Teresa. The other
- 21:22Speaker 1: thing is, I found it to be one of the
- 21:25Speaker 1: most repulsive things I've seen in a confession is when
- 21:29Speaker 1: after he raped Teresa and walked out in the living
- 21:33Speaker 1: room where his uncle was sitting. He told his uncle
- 21:36Speaker 1: what he did, and Avery told him today, Brendan, you
- 21:40Speaker 1: became a man. I'm just sick. I'm just sick about
- 21:43Speaker 1: what she went through. I mean, the kid is not smart,
- 21:47Speaker 1: but he's not what we used to call Return was
- 21:51Speaker 1: screaming and crying. Two begged them not to do this thing.
- 22:01Speaker 1: And John, why did they have to cut her hair off?
- 22:05Speaker 1: I don't know, Um, I'm not sure you know. The
- 22:09Speaker 1: other thing when they talked about suggestibility and he being
- 22:13Speaker 1: conned into a confession is there was a day long
- 22:18Speaker 1: hearing before the trial on admitting that testimony. There was
- 22:24Speaker 1: a psychologist from Northern Illinois. I think Rockford and his
- 22:30Speaker 1: name escapes me. Now that testify. That was all part
- 22:34Speaker 1: of the trial script transcript and it was rebutted by
- 22:37Speaker 1: the prosecution. I'm just listening to everything that you're saying, Brenda.
- 22:43Speaker 1: You have been working as a Dassy case expert. What
- 22:49Speaker 1: is your take um Dassy's claim that this was a
- 22:53Speaker 1: forced coercion and he did not write or murder Theresa hallback.
- 22:58Speaker 1: My kick is he absolutely did. I agree with you
- 23:01Speaker 1: a hundred percent, and I know the new was mentioning
- 23:04Speaker 1: before that there really wasn't any evidence that supported it
- 23:07Speaker 1: outside of his confession. I don't agree with that. My
- 23:12Speaker 1: take on it is that there was plenty of things
- 23:14Speaker 1: that substantiated what his confession said. Now some of those
- 23:18Speaker 1: are circumstantial, of course, but just a couple examples real quick.
- 23:22Speaker 1: Nancy Stephen told Brendan that he cleaned the house trailer.
- 23:27Speaker 1: He cleaned it after that house trailer was cleaned very well,
- 23:32Speaker 1: and there are phone calls that state that to Jody
- 23:35Speaker 1: a day after where he was telling Jody, his girlfriend
- 23:39Speaker 1: on a recorded jail call, that the rough doctor that
- 23:43Speaker 1: he had wasn't working and he wanted to know where
- 23:45Speaker 1: the receipt was so he could take it back. Well,
- 23:48Speaker 1: guess what, that rot doctor was gone and there was
- 23:50Speaker 1: a new distil in its place, because that's number one.
- 23:53Speaker 1: Number two bleached jeans, those were uh evidence in the
- 23:58Speaker 1: trial running trial okay number one, he stated he and
- 24:02Speaker 1: Stephen were cleaning up the stain of the garage and
- 24:05Speaker 1: it was auto fluids. Okay, who cleans up auto fluides?
- 24:09Speaker 1: That knows anything about vehicles? You don't. You use kiddie litter,
- 24:14Speaker 1: you use sand, you absorb the fluid. Who uses bleach?
- 24:19Speaker 1: And backing that up, they found bleach containers, they found
- 24:22Speaker 1: paint center containers, when they found gas. All three things
- 24:25Speaker 1: that rend And said they used to clean up that oil.
- 24:28Speaker 1: Still that he eventually did ant with blood. And lastly
- 24:31Speaker 1: he stated he raped and broke up her bones in
- 24:36Speaker 1: the fire. We'll get that. They found all around that
- 24:38Speaker 1: fire pit. They found a mallet, they found a rap,
- 24:41Speaker 1: they found a hole, They found a shovel and a
- 24:43Speaker 1: strew driver. Do most normal people have those things laying
- 24:48Speaker 1: around their fire I don't fire pits, So I guess
- 24:52Speaker 1: there are a lot of things that are circumstantial that
- 24:54Speaker 1: you can't tie together, but they do support the other.
- 24:58Speaker 1: Another thing Brenda that. Another thing, Brenda that really convinced
- 25:02Speaker 1: me Um is that he Brendan Dascy confessed to his
- 25:08Speaker 1: own mother and it's on a recorded phone conversation he
- 25:12Speaker 1: confessed to friend Kella cousin Kella Um. Multiple multiple corroborating
- 25:22Speaker 1: facts go to his confession that he could not have
- 25:25Speaker 1: known if he had not been there. I mean, it
- 25:29Speaker 1: just goes on and on and on. Listen to what
- 25:32Speaker 1: he said. This is Dascy, his Avery's nephew. Avery went
- 25:39Speaker 1: to go pick up some stuff around the yard and
- 25:41Speaker 1: after that we he asked me to come in the
- 25:44Speaker 1: house because he wanted to show me something. And he
- 25:47Speaker 1: showed me that she was lying on the bed. Her
- 25:51Speaker 1: hands were roped up to the bed and her legs
- 25:54Speaker 1: were cuffed, and then he told me to have sex
- 25:57Speaker 1: with her. So I did because I thought I was
- 26:00Speaker 1: not going to get away from him because he was
- 26:02Speaker 1: too strong. So I did what he said. And then
- 26:05Speaker 1: after that he untied her and uncuffed her, and then
- 26:09Speaker 1: he brought her outside, and before he went outside, he
- 26:12Speaker 1: told me to grab her clothes and her shoes, so
- 26:15Speaker 1: he went into the garage and before she went out,
- 26:17Speaker 1: when he took her outside, he had tied up her
- 26:20Speaker 1: hands and feet, and then was in the garage and
- 26:23Speaker 1: he stabbed her, and then he told me too. And
- 26:26Speaker 1: after that he wanted to make sure she was dead
- 26:29Speaker 1: or something, so he shot her five times. And while
- 26:32Speaker 1: he was doing that, I wasn't looking because I can't
- 26:34Speaker 1: watch that stuff. So I was standing by the big
- 26:37Speaker 1: door in the garage. And then after that, he took
- 26:40Speaker 1: her outside and we put her on the fire, and
- 26:42Speaker 1: we used her clothes to clean up some of the blood.
- 26:45Speaker 1: And when we put her in the fire and her clothes,
- 26:48Speaker 1: we were standing right by the garage to wait for
- 26:51Speaker 1: it to get down, so we threw some of that
- 26:54Speaker 1: stuff on it after it went down. Just says it
- 26:58Speaker 1: very casually. I want you to hear what his grandfather
- 27:03Speaker 1: tells him and a secretly recorded conversation. Now this is
- 27:11Speaker 1: telling Dassy to keep his mouth shut. Damn gunnen And
- 27:20Speaker 1: they not happen. Yeah, they made me call or that,
- 27:27Speaker 1: damn Yeah, And thick to your gun and listen to
- 27:33Speaker 1: this doing going for a pre barrogant order than that,
- 27:38Speaker 1: because you do that and you're hurting board you guys.
- 27:42Speaker 1: You know today we are bringing you the very latest
- 27:48Speaker 1: on the two stars of Netflix series Making a Murderer.
- 27:52Speaker 1: The latest on Stephen Avery and his cousin Brendan Dascy,
- 27:56Speaker 1: who were both convicted in the brutal rape and murder
- 28:01Speaker 1: of a twenty five year old photographer, Teresa Hallback. I
- 28:04Speaker 1: will never forget it seeing her picture for the first
- 28:08Speaker 1: time and trying to help find her when she was
- 28:11Speaker 1: a missing person. The Seventh Circuit Court of Appeals has
- 28:15Speaker 1: just rejected Dacy's claims that he was forced to give
- 28:19Speaker 1: a confession and he had nothing to do with hall
- 28:21Speaker 1: Backs and murder and base his whole confession on a
- 28:24Speaker 1: book he read. Guys, I want to thank our partners
- 28:27Speaker 1: making her program possible, and right now I want to
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- 29:57Speaker 1: I want you to listen again to it's Stephen Avery
- 30:01Speaker 1: tells me to my face on c N N H
- 30:06Speaker 1: l N Steve and I understand that Teresa came to
- 30:11Speaker 1: your Auto Salvage lot to take photos for the auto
- 30:15Speaker 1: trade or correct, Yes she did. She came down by me. Okay,
- 30:19Speaker 1: And Stephen, is my understanding that also you stay that
- 30:22Speaker 1: you saw her car leave? Yes, I did. About what
- 30:26Speaker 1: time between she was there between two and two thirty
- 30:30Speaker 1: two in the afternoon. Okay, Stephen. How is it that
- 30:34Speaker 1: her car could get all the way back in this
- 30:37Speaker 1: pit area where there is uh? Well, I believe we're
- 30:41Speaker 1: showing it right now. I mean, wouldn't you have to
- 30:44Speaker 1: pass back by the office again? Well, on the on
- 30:48Speaker 1: the out starts up the office ottawise back by me
- 30:53Speaker 1: or back by Dan's pitt in the corner is all open.
- 30:57Speaker 1: It's all open so you can drive in there, Mr Avery.
- 31:02Speaker 1: Did you see anyone else come in, anyone unusual that
- 31:06Speaker 1: didn't belong there? Well? During the night, me and my
- 31:09Speaker 1: brother had to go to pick up some more with
- 31:12Speaker 1: the pride bed and I've seen tale lights backed by me.
- 31:17Speaker 1: I wasn't supposed to be, But we turned around and
- 31:21Speaker 1: we went back there. Rukr parked on the side and
- 31:23Speaker 1: I took the place flight all the flood bed and
- 31:26Speaker 1: I looked around by me and behind me, but I
- 31:28Speaker 1: didn't see that. Two. Detective Tom fastbender who actually took
- 31:34Speaker 1: Brendan Dacy's confession one of the many confessions. Tom Um,
- 31:41Speaker 1: I don't know how it turns out, Tom, that we
- 31:45Speaker 1: end up to be the bad guys in this scenario.
- 31:48Speaker 1: I mean, Teresa Hall bat was brutally raped and murdered,
- 31:52Speaker 1: and there is no doubt in my mind Stephen Avery
- 31:56Speaker 1: and Brendon Dascy did it. True, Dassy may have been
- 32:00Speaker 1: under Avery's you know, encouragement, but he did this thing.
- 32:05Speaker 1: Nobody made him rape her and stab her and stand
- 32:09Speaker 1: there and watch her body blade. What is the physical evidence?
- 32:13Speaker 1: Because Avery also says he's innocent and that he's part
- 32:16Speaker 1: of a police frame up, that there was a lot
- 32:18Speaker 1: of physical evidence, a lot of scientific physical evidence, to
- 32:22Speaker 1: include Stephen Avery's blood in Teresa hallbox raft for vehicle.
- 32:28Speaker 1: It was found in many different places throughout the vehicle,
- 32:32Speaker 1: including by the ignition switch, which has been mentioned uh
- 32:35Speaker 1: in different forms, showing that there was an active bleeder
- 32:40Speaker 1: in the car. Subsequently, when resting Stephen Avery his finger
- 32:46Speaker 1: and which examined and it had a fairly fresh cut
- 32:49Speaker 1: on the finger which would have been conducive to that
- 32:54Speaker 1: type of bleeding. Also, there was a bullet found in
- 32:58Speaker 1: the garage from Steven averys the twenty two caliber rifle
- 33:03Speaker 1: that was hanging above Stephen Avery's bed in his bedroom
- 33:06Speaker 1: that was forensically matched to that rifle. That bollets fragment
- 33:10Speaker 1: also had Stephen Avery Teresa hall Bucks DNA on it UH.
- 33:16Speaker 1: Teresa Hallbucks possessions, her camera, her pd A, her telephone,
- 33:22Speaker 1: her cell phone were found just outside of Stephen Avery's
- 33:25Speaker 1: trailer in his burn barrel which witnesses saw him go
- 33:30Speaker 1: to putting things in that day that Teresa was abducted
- 33:34Speaker 1: by him and was burning that day. Those burned remnants
- 33:39Speaker 1: were found in his burned barrel. That is something you
- 33:41Speaker 1: don't hear on on making a murder. As well as
- 33:44Speaker 1: the forensic matchup of the bullet. Also was Steven Averis
- 33:48Speaker 1: DNA on the hood latch to the hood of Teresa's
- 33:53Speaker 1: Raft four UH. The battery had been disconnected on that
- 33:58Speaker 1: vehicle when it was found and obviously the hood had
- 34:02Speaker 1: to be open for that to be done. And Stephen
- 34:04Speaker 1: a reasoning and he is there. The license plates were
- 34:07Speaker 1: taken off of thereat for and those were found drawing
- 34:11Speaker 1: in a junk vehicle just down the road from Stephen
- 34:14Speaker 1: Avery's trailer. So as you can see there there's quite
- 34:18Speaker 1: a bit of physical, scientific, physical evidence that pointed towards
- 34:23Speaker 1: Stephen Avery and no one else. John Lee, I've gone
- 34:26Speaker 1: over and over the physical evidence. I know that Dassy
- 34:32Speaker 1: confessed to his mother, his cousin and others. I mean,
- 34:37Speaker 1: he would already be up for parole right now if
- 34:39Speaker 1: he had taken a deal that Kaczinsky, the first lawyer,
- 34:43Speaker 1: was trying to get for him. But instead his defense
- 34:46Speaker 1: lawyers put new defense lawyers put him on the stand
- 34:49Speaker 1: with this unbelievable defense. What about the evidence, John Lee,
- 34:57Speaker 1: and tell us everything makes you BELI leave that Dassy
- 35:01Speaker 1: and then Avery in fact and murdered her on Dassy briefly,
- 35:07Speaker 1: it's the forensic evidence. There's so much of it. Um
- 35:11Speaker 1: on Dassy. People forget that Dassy had information that the
- 35:17Speaker 1: the investigators did not have at that time. They looked
- 35:21Speaker 1: at the hood latch, they looked at the garage, they
- 35:25Speaker 1: picked up his blue jeans after some of his statements,
- 35:30Speaker 1: um and they did not rate him or threaten him
- 35:34Speaker 1: or anything. If if anybody looks at all of these
- 35:38Speaker 1: confessions that were entered into evidence, and eighteen months worth
- 35:43Speaker 1: of hearings before the trial they would see that if anything,
- 35:47Speaker 1: Tom floss Fender and Mark Weigers treated Brendan with kid gloves,
- 35:52Speaker 1: they did not threaten or anything else. Um, if somebody
- 35:56Speaker 1: tells me, you know, the truth will set you free.
- 35:59Speaker 1: I don't think that is a threat. If you confess,
- 36:03Speaker 1: you can sleep tonight. Brendon, if he wasn't sold down
- 36:07Speaker 1: the river by his grandparents, he'd be looking at for
- 36:10Speaker 1: all pretty quick. He would have ten years of his
- 36:14Speaker 1: sentence inn already. And you know there's jailhouse recordings and
- 36:20Speaker 1: everything else, and the threats from from Avery and from
- 36:24Speaker 1: his dad and other people. The the evidence as it
- 36:31Speaker 1: built was just overwhelming against him. And we went through
- 36:36Speaker 1: this for twenty months. Um, and then making a murderer
- 36:41Speaker 1: comes out the first week in michikott before Dascy, while
- 36:48Speaker 1: well before Dascy and before Avery was arrested. When the
- 36:52Speaker 1: Associated Press and Milwaukee and Chicago TV stations asked me
- 36:57Speaker 1: who these two women were, who would tell them it's
- 37:00Speaker 1: that that's the Avery pr her, and I said that
- 37:05Speaker 1: was week one during the entire trials. They arrived for
- 37:10Speaker 1: trial with averys they left for Averis and had with
- 37:16Speaker 1: averies that had lunch. They left with them at the
- 37:19Speaker 1: end um they were joined at the hip, and it
- 37:24Speaker 1: was pretty obvious to see where this was going from
- 37:27Speaker 1: day one. Listen to this. I'm just gonna revisit one thing.
- 37:31Speaker 1: When you're in the bedroom and you cut her throat.
- 37:37Speaker 1: Previously he said that you thought she was alive. Is
- 37:41Speaker 1: that still your thought on that? And why was that?
- 37:45Speaker 1: Because she was pretty a little bit she was like China,
- 37:51Speaker 1: not China breathing this hows she could from screaming up
- 37:55Speaker 1: screaming lost. She was screaming a lot, he wasn't she
- 38:00Speaker 1: us when you cut her throat? Was she screaming when
- 38:06Speaker 1: you cut her throat? Because when you're screaming a lot,
- 38:09Speaker 1: you're like your your breathing goes off. Her home explained
- 38:13Speaker 1: that a little bit. You said she was screaming up.
- 38:15Speaker 1: When was she screaming up by while you were doing it,
- 38:20Speaker 1: after you did it, before you did it before when
- 38:31Speaker 1: you cut her throat, What was she doing if anything
- 38:38Speaker 1: like screaming for help and crying? I want to I
- 38:53Speaker 1: want to get that straight. She was screaming for help
- 38:55Speaker 1: and crying when you cut her throat? Yeah, when Steven
- 39:00Speaker 1: choker or strangler like a little bit after Well, let's
- 39:09Speaker 1: let's just go back a little bit. Okay, tell us
- 39:12Speaker 1: what exactly happened to her? What order had happened? He said,
- 39:16Speaker 1: they were basically three things prior to you guys shooting her.
- 39:20Speaker 1: Explain those in the order that it happened. Starting when
- 39:27Speaker 1: I got in a room. Yeah, what what you guys
- 39:30Speaker 1: did to her? It's sex list? Okay. Then he stabbed her?
- 39:39Speaker 1: And who stabbed her? He did? Who's he step? Okay?
- 39:44Speaker 1: And then what then I caught her throat? Okay, he
- 39:52Speaker 1: choked her? Knock off her hair? Okay, So he choked
- 39:57Speaker 1: her after you cut her throat? He to I think,
- 40:01Speaker 1: answer that question, it's simple. It's the confession, and that's
- 40:04Speaker 1: what that the heart of this appeal. And if you
- 40:06Speaker 1: read the dissenting opinion, it was a four three decision.
- 40:10Speaker 1: It was extremely close. So if you read the dissenting opinion,
- 40:14Speaker 1: they raised one point that's critical, which is that the
- 40:17Speaker 1: state court in Wisconsin did not take into account Stephen
- 40:21Speaker 1: Avery's age as a juvenile and his diminished mental capacity.
- 40:26Speaker 1: So if the U. S. Supreme Court thinks that that's
- 40:28Speaker 1: important enough, they'll take it and it's the confession that caught,
- 40:32Speaker 1: particularly to Brendan Dascy, that caught everyone's attention because of
- 40:37Speaker 1: the length, because of the twenty questions that the detectives
- 40:40Speaker 1: played with him that game, giving him answers throughout feeding
- 40:44Speaker 1: him quite feeding him the answers, telling him are things
- 40:47Speaker 1: that you know the truth will set him free, and
- 40:50Speaker 1: convincing him over time that this is what he was
- 40:53Speaker 1: supposed to say. That's haught everyone's attention, and I think
- 40:58Speaker 1: that's at the heart of it. The question, the technical one,
- 41:00Speaker 1: whether Supreme courts didn't want to hear that or not.
- 41:03Speaker 1: And sometimes you know the Supreme Court, with their Ivy
- 41:05Speaker 1: League background, they like to keep their noses in the air,
- 41:08Speaker 1: the ivory cloud. They may not want to get down
- 41:11Speaker 1: in the jerk, but everyone else knows that that confession.
- 41:14Speaker 1: Detective Tom Fastbender, I'd like to hear your response to
- 41:18Speaker 1: venue again. There was many denials. There were many occasions
- 41:26Speaker 1: when nothing was said to him during that particular areaw
- 41:29Speaker 1: Plus you have to look at the whole picture. He
- 41:31Speaker 1: was talked to two, four, four or five times prior
- 41:36Speaker 1: to that particular interview, not necessarily by myself. Where he
- 41:39Speaker 1: made it was extremely evident that he was knowingly lying,
- 41:44Speaker 1: that he was protect trying to protect Stephen, and it's
- 41:47Speaker 1: something serious with bothering him. And so law enfortunately went
- 41:52Speaker 1: back to him because there was some concern in a
- 41:55Speaker 1: belief that he had witnessed something horrible, not that he
- 41:59Speaker 1: had parked, you know, that he had partaken in anything horrible,
- 42:03Speaker 1: but that he had witnessed something horrible. So we were
- 42:05Speaker 1: talking to him about that. We received information from a
- 42:08Speaker 1: cousin and from the school that something was bothering him
- 42:11Speaker 1: and he was making statements. So going into the interviewing
- 42:15Speaker 1: question again, there was an interview of what we felt
- 42:19Speaker 1: was a witness until he began making admissions that that
- 42:23Speaker 1: we were tying him through his involvement in this horrible crime.
- 42:28Speaker 1: If you look at the totality of all the times
- 42:32Speaker 1: that Brendan was interviewed, Tom and Mark Wager did not
- 42:39Speaker 1: threaten him or bade him. They did not put him
- 42:42Speaker 1: under hot wide lights and withhold that's that's not the issue.
- 42:47Speaker 1: That's not the issue. This video again and him answers
- 42:52Speaker 1: whether a person who was a juvenile was was treated properly.
- 42:56Speaker 1: There's nobody saying that the detectives beat this kid. No
- 42:59Speaker 1: one saying that. But that's not the issues. The issue
- 43:02Speaker 1: whether when you deal with the juvenile and whether you
- 43:05Speaker 1: have somebody who's in a diminished mental capacity with a
- 43:08Speaker 1: seating him answers is proper. And the Supreme Court said
- 43:12Speaker 1: that this is a question. Now number one issue is
- 43:18Speaker 1: number one. The issue is coersion And he was not correct.
- 43:22Speaker 1: They did not where did you take many foreigns there?
- 43:27Speaker 1: Where did you take many statis? And also, don't put
- 43:31Speaker 1: this guy up like he's the sixty I Q. He
- 43:34Speaker 1: was in mainly mainstream classes at Michikat High school. He
- 43:38Speaker 1: has led classes. Uh, you know, coersion. Coersion is the issue,
- 43:46Speaker 1: I think, and editing is the issue, to be honest,
- 43:52Speaker 1: I think that's the way the editt Brennan's confession. So
- 43:55Speaker 1: it's ten minutes, probably ten hours of statement that interviews
- 44:00Speaker 1: and cherry picked exactly what they wanted you to see.
- 44:03Speaker 1: That's the issue. It's how they portrayed his confession, how
- 44:07Speaker 1: they portrayed everything else in their film. And that's why
- 44:11Speaker 1: the public felt outraged because when you look at that confession,
- 44:15Speaker 1: what they showed on making a murder, my heart was broken.
- 44:19Speaker 1: I wanted Brendan to be free, and I think Brendan
- 44:22Speaker 1: is a much different situation than Stephen. I think Brendan
- 44:25Speaker 1: would have never done anything like this on his own.
- 44:28Speaker 1: But to say Brendan was completely coerced and fed the
- 44:32Speaker 1: answers when he knew there was information that he liked
- 44:36Speaker 1: them too. So I I completely disagree with that part
- 44:40Speaker 1: of it, and I just wanted to say that because
- 44:43Speaker 1: I think that it's very much unfair with the editor
- 44:45Speaker 1: the filmmakers did, and John's right. They were advocates for
- 44:49Speaker 1: Stephen Avery. They they had phone calls with Stephen Avery.
- 44:53Speaker 1: They were his body. So for them to say that
- 44:55Speaker 1: they were not looking for UH, they were out for
- 44:59Speaker 1: criminal justice reformed. And tell a truth story, don't don't
- 45:03Speaker 1: impolish it, don't omit, don't place, and don't cut all
- 45:08Speaker 1: important parts of the constetuers whose side. Let people make
- 45:12Speaker 1: their own decision and show a true story, not their story,
- 45:15Speaker 1: not their force narratives. That's how I feel about how
- 45:19Speaker 1: people are also by this film. Also, if I've on
- 45:23Speaker 1: yet um, Also if somebody wants a quick concrete example
- 45:30Speaker 1: of creative editing without looking at ten hours of interviews
- 45:35Speaker 1: and comparing then to the short ones that were showed
- 45:38Speaker 1: to making a murderer. Look at some of the graphic
- 45:41Speaker 1: examples that Ken Kratz's book on how that was edited
- 45:45Speaker 1: from the testimony from the transcripts compared to what was
- 45:50Speaker 1: in making a murderer. Um, you know, it was a
- 45:54Speaker 1: hack job and it rooted people's lives. Ah. I still
- 45:58Speaker 1: feel sorry for Ken's for what happened to him on
- 46:01Speaker 1: different thing. But the whole thing is, people have to
- 46:05Speaker 1: remember this is not about Brenda Dassy's capacity somewhere. People
- 46:11Speaker 1: have to remember this is about Teresa hall Box and
- 46:14Speaker 1: what happened to her. It is about Brandon. It's about
- 46:22Speaker 1: whether juvenile to receive justice, whether he was given due
- 46:25Speaker 1: process under the law. Those are the legal issues you're raising.
- 46:31Speaker 1: Those all were a drafted to his appeals and they
- 46:33Speaker 1: were turned down and actually appealed the same exact right
- 46:39Speaker 1: and it was rejected. It just this two weeks ago,
- 46:43Speaker 1: So I'm sorry a week ago, and this is an
- 46:46Speaker 1: issue that's going to be raised to the Supreme Court.
- 46:48Speaker 1: I mean, it was a very close decision. There was
- 46:50Speaker 1: a four and what I'm saying and I and that's
- 46:55Speaker 1: a long shot. And I'll be the first one to
- 46:56Speaker 1: tell you that that's a long shot. But what I'm
- 46:59Speaker 1: saying is it's Ard wants to get the head its
- 47:02Speaker 1: head out of the clouds and actually look at this.
- 47:05Speaker 1: It's a question of whether the police should be able
- 47:08Speaker 1: to interro juveniles and those with limited mental capacities and
- 47:13Speaker 1: use their red technique, which is technique detective use and
- 47:16Speaker 1: use that changing law. You new, that's changing law. You
- 47:20Speaker 1: know that's not possible at the Supreme court level. They're
- 47:24Speaker 1: asking to change law. Our program today would not be
- 47:27Speaker 1: possible without our partners. I really can't thank you enough
- 47:32Speaker 1: for joining us, and I can't thank our partners enough
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- 49:47Speaker 1: KC dot com code Nancy link a k C. Thank
- 49:52Speaker 1: you for being our partner here today. Detective Tom fast Spender,
- 49:57Speaker 1: Brenda working on the case, John Lee from the Post Crescent,
- 50:02Speaker 1: and Venu Van Geese. Thank you to all of you listening.
- 50:08Speaker 1: We are not letting up on the choice of the the
- 50:10Speaker 1: hallback case. Nancy Grace, i'ms Tories signing off. Goodbye friend,