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San Diego Criminal Lawyer

Evidence Not Included in "Making a Murderer"

The trials of Steven Avery and Brendan Dassey lasted months, collectively. The docu-series "Making a Murderer" contains only 10 hours of footage - substantial editing was done in the interest of time and story telling. Below is a summary of the evidence that was not seen in the documentary. 

 

Explained by a San Diego Criminal Defense Attorney

January 11, 2016

 

This article is not legal advice - it is for informational purposes only. I can only comment on California Law, not Wisconsin Law, which is the state in which this case takes place. 

 

<<WARNING - THIS ARTICLE CONTAINS SPOILERS>>

 

Each claim is sourced - but in the interest of time, I did not look into the actual trial transcripts, I am taking the many news outlets at their word as to their reporting (even though it is unlikely they are 100% correct, all the time.)

Defense Evidence Left Out of Making a Murderer

 

One of the Investigators admitted to not changing gloves after handling evidence inside Teresa Halbach's Car. 

Sources: 

You Tube

Reddit discussion 

 

DNA Expert Sherry Culhane had the Highest Error Rate of Anyone in Her Group

Source:Brian's Trial Blog  

 

DNA Expert Sherry Culhane Testified Against Steven Avery in his 1985 Trial - Where She Found a Hair Belonging to Steven on Penny Beernsten's Shirt. 

Source: LaCrosse Tribune February 26, 2007 

 

Investigators Never Attempted to Match Steven's Fingerprints to the Toyota Key

Source: Fox 6 News, March 7, 2007 

 

There Were Substantial Inconsistencies in Enforcing the Exclusion of Manitowoc County from Steven Avery's Residence

​Dean Strang said Manitowoc County Coroner Debra Kakatsch would testify that she was "walled off entirely" from the crime scene by Calumet County authorities. By state statute, she should have been allowed to investigate early reports of possible human bones being found outside of Avery's trailer, he said. Strang said the coroner had also received calls from the Manitowoc County executive and the county's top attorney not to investigate the case.

 

Source: Milwaukee Journal Sentinal 

 

DNA Expert Sherry Culhane Testified The Amount of DNA Found Under The Hood of Halbach's Toyota, Could Have Been Blood, and Was Very Small, Similar to What You Would Get From Rubbing a Toothbrush on it. 

 

Source: Reddit - Transcript from the Post Crescent Newspaper

 

There Was an Anonymous Letter That Claimed A Body Was Burned in a Smelter Shortly After Teresa Halbach's Disappearance

No fingerprints or DNA were recovered from the letter. Prosecutors contend the smelter was examined and could not be tied to Halbach's death. 

Source: Milwaukee Journal Sentinal, March 8, 2007 - Section 5B 

 

There Was No Accurate Log to Determine Who Had Access To Steven Avery's Vial of Blood

Clerk Lynn Zigmunt testifies that she had a log everyone was supposed to sign when they went into the evidence room, but "some people were making exceptions for people. We've tightened up on that."

Source: Fox 6 News - March 6, 2007

 

Another Dassey Brother Testified - Blaine Dassey Testified Bobby Dassey Was Asleep When He Got Home From School

This testimony directly contradicted Bobby Dassey's testimony that he was out hunting at 3:40 when Blaine and Brendan returned home from school.

Source: Fox 6 News, Feb 27, 2007   

 

A Forensic Anthropologist Testified that An Open Fire Wouldn't Have Generated Enough Heat to Burn Teresa's Body In the Manner it was Discovered. 

Source: Dean Strang on Megyn Kelly, the Kelly File 1/5/2015 

 

A Propane Delivery Truck Driver (John Leurquin) Reported Seeing a Green SUV Leaving the Avery Property Between 3:30pm and 4pm When Making a Delivery. 

Source: Associated Press

 

Bobby Dassey's Description of Teresa Halbach's Clothing Did Not Match Other Witnesses

“Police said she was wearing blue jeans, a white button-down shirt and a summer jacket when she was last seen. Schmitz would indicate that Halbach was at his residence at approximately 1:30 p.m. Was there for approximately ten minutes. Was wearing a white shirt, waist -- waist-length jacket, and blue jeans. (Day 4 of Dassey Trial) Zipperer would indicate that Halbach was at her residence between approximately 2 to 2:30 p.m. Was there for approximately ten minutes. Was wearing a white top, waist-length jacket, and blue jeans. (Day 4 of Dassey Trial) Bobby Dassey said when he saw Teresa Halbach photographing the van Avery was selling Oct. 31, 2005, she was wearing a knee-length coat and slacks. 

 

Source: John Lee's Trial Blog

 

​Scott Tadych Tried to Sell a Co-worker a .22 Caliber Rifle (Same Type of Gun Identified as Murder Weapon) and Made Statements About One of the Dassey Boys Having Blood on Their Clothes and Getting His Clothes Mixed Up In Their Laundry. 

Source: Steven Avery's Post Conviction Motion  

 

A Wisconsin State Crime Lab Expert (William Newhouse) Testified He Could Not Conclusively Link the Bullet From Steven Avery's Garage to the .22 Caliber Rifle Seized From His Bedroom. 

There was no DNA on the gun, no blood blow back that you’d get from shooting someone at that close range and no blood mist / spatter around the garage that would also be present had someone been shot in the garage.  

 

Source: Milwaukee Journal Sentinal March 2, 2007

 

 

One Juror was the Father of a Manitowoc County Sheriff and Another Juror Was The Manitowoc County Clerk's Husband 

Source: People Magazine January 5, 2016

 

There Was A Substantial Amount of Deer Blood in Steven Avery's Garage - Proving He Did Not Clean Up The Garage

On the 'Kelly Files' interview, Dean Strang mentioned that there were little drops off deer blood all over Averys garage, essentially debunking the theory that they could have cleaned all the blood evidence out of the garage, since had they cleaned it that thoroughly, there wouldn't have been any deer blood: 

 

Source: Megyn Kelly, Fox News, Jan 5, 2016

The "Leg Irons" That Supposedly Bound Teresa Halbach Were "Sexy Handcuffs" and Did Not Contain Her DNA

The handuffs were tested for DNA and they found a mixture of DNA from 2 or more people. They confirmed Avery to be a source of one of the matches. Most importantly, they excluded Teresa's DNA as a match. 

 

Source: Trial Transcript