Phone calls, testimonials and interviews reveal new details about the case of convicted murderer Steven Avery.
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TVTranscript
00:00♪♪
00:10♪♪
00:20♪♪
00:30♪♪
00:37So is the mic on?
00:38Yeah.
00:39We're all set?
00:40Okay.
00:41Let's talk about your past.
00:42I understand you had a history of cruelty to animals in 82,
00:47something like lighting a cat on fire.
00:50I'm a cat lover.
00:52Don't get me wrong.
00:54But I hate that fucking cat.
00:56I would probably kill the damn thing myself at this point.
01:00That cat has caused problems.
01:03I've lost close friends over me falling into this cave.
01:08The thing with the cat was pretty crazy.
01:11And I know, like, people on the Internet say,
01:13oh, it means nothing.
01:14It was young. It was a cat.
01:16Keep your hand down if no one ever did anything silly
01:20when they were younger.
01:23It's shocking, I think.
01:26That's why we have animal cruelty laws.
01:28You know?
01:31♪♪
01:40♪♪
01:50♪♪
02:00♪♪
02:10♪♪
02:20♪♪
02:30♪♪
02:40♪♪
02:51One night, Stephen Avery and a few of his buddies
02:53decided to throw a cat into a fire.
02:56I had a bunch of friends over
02:58who were fooling around with the cat.
03:00Making a murderer actually allows Stephen Avery
03:03to explain it himself.
03:05I tossed him over the fire,
03:08and he lit up to me.
03:10The documentary offers a sympathetic explanation.
03:13Court records describe torture.
03:16He described it as he threw the cat over the fire
03:19when, in fact, the police report states
03:21something much more sinister.
03:23It wasn't an accident at all.
03:25Lori and Stephen weren't living at the Avery Salvage Yard
03:29at that point, and everything I can find
03:33shows that it was his idea to burn the cat
03:36and that he decided to start the fire,
03:40and he chased the cat to catch it.
03:43Imagine a grown man, a married man, a father,
03:48and one night he's hanging out with his friends.
03:50They're around a fire.
03:52They're having some beers, having a good time,
03:54and he turns to his friends and he says,
03:56I have an idea. Let's burn the family cat.
03:59So he captures the cat,
04:01and then he douses that cat in flammable liquid.
04:05And then he told the friend to pick the cat up
04:07and throw it in the fire.
04:09It doesn't condone that Stephen was a part of it,
04:11but he wasn't the one that actually did it.
04:20And then at least according to his supporters,
04:23it wasn't him that actually threw the cat into the fire,
04:26so you can't blame him.
04:54He was a part of it, but he did not do it per se.
04:57Somebody else actually turned themselves in and confessed
05:00and said, you know, it was that Yanda person.
05:12Stephen's parole officer said that
05:14when the cat jumped out of the fire,
05:16he poured more gasoline on it
05:18because he didn't want it to suffer longer.
05:23When it crawled out, Avery threw it back.
05:35Oh, he was surrounded by a bad cast of characters.
05:38Oh, it was the friends that influenced him poorly.
05:41Excuse after excuse after excuse.
05:46The idea that he would explain it
05:48is he fell in with the wrong crowd
05:50when he was the one who was applying
05:52this flammable liquid to a family pet
05:55just didn't equate with what I had been led to believe.
06:01It's a pretty big deal,
06:03and I think actually flipped a lot of people right off the bat
06:06to say, oh, you know, that's a sign of bad stuff to come.
06:12What is it that's said about individuals
06:14that can harm innocent animals?
06:16What is the common understanding of what those individuals
06:18are capable of later in their lives?
06:21Sometimes people say that cruelty to animals
06:24is a precursor, like a first early sign,
06:28of violence toward humans.
06:30So a lot of people have made that connection.
06:34You know, that was only a one-time deal,
06:36and once I stopped hanging around with them people,
06:40I didn't have no problem then.
06:43You mentioned briefly the story of his dog.
06:47His dog ran away,
06:49and he went to go get his dog, a German Shepherd,
06:53and he brung him back all bleeding.
06:56He was hanging onto the chain out the door
06:59and dragging it down the road.
07:02So the dog ran away, and he punished it
07:04by dragging it back home?
07:06Yep, yep.
07:07Well, yeah, it was all scunnel.
07:10I don't think a lot of us knew
07:12about the incident with the cat.
07:14More was coming out through that week of the search
07:17about his prior criminal record,
07:19and then we started learning kind of more and more
07:22about how he behaves and how he potentially reacts.
07:27Avery describes himself as an impulsive man,
07:30a person who acts out of his own free will.
07:32He's a man of his word.
07:34He's a man of his word.
07:36Avery describes himself as an impulsive man,
07:38a person who acts out of anger,
07:40an individual who possibly would be better off
07:42if he thought before he acted.
07:45Well, in 85, didn't you run a...
07:47Yeah, my cousin off the road.
07:49It was your cousin?
07:50Yeah.
07:54On the record, in the matter of Avery v. Manitowoc County,
07:57would you raise your right hand, please, to be sworn in?
08:00I do solemnly swear the testimony you are about to give
08:02will be the truth, the whole truth,
08:04and nothing but the truth, so help me God.
08:06Yes.
08:10Santa Morris was a neighbor of Stephen's,
08:13and sort of a relative.
08:15They really weren't blood relatives.
08:17Your father's sister married an Avery?
08:21No, my father... Yeah, yeah, right.
08:28I think the stuff with his cousin
08:30and running her off the road,
08:32that was kind of surprising when I found out about that.
08:34That seemed like not something you just do.
08:38Well, why did you do that?
08:41She was running with rumors
08:44that we're out there running naked
08:46and me and the wife were having sex
08:48in the middle of the road and everything.
08:50So I figured I'd just scare her,
08:52and that was it of that.
08:56I mean, you're a young dad, you got a wife,
08:58you got little kids,
09:00your name is basically being dragged through the mud.
09:05You have this nasty rumor going on
09:07in a rural area to a guy with 70 IQ
09:10who is, you know, prideful now.
09:12He's not that, you know, punk anymore,
09:14so he wanted to defend his, basically, honor.
09:18He did have anger issues,
09:20he did act on impulse,
09:21and he didn't really think through clearly
09:23what the consequences would be of his actions.
09:27I just feel like in a lot of ways
09:29Sandra Morris was the catalyst
09:31that started a lot of this.
09:33Without Sandra Morris,
09:35we're not all talking right now.
09:38Free dancing!
09:40Free dancing!
09:42Free dancing!
09:44Free dancing!
09:46Free dancing!
09:48Free dancing!
09:50Free dancing!
09:52Free dancing!
09:54Free dancing!
09:56Free dancing!
09:59I'm Christine Branson
10:00from Fergus Falls, Minnesota.
10:02Like everyone else,
10:03watched the documentary
10:04when it unfolded in December of 2015,
10:06and I think the evidence just shows
10:08that at the very least,
10:09Stephen should be given a new trial.
10:12Making a murderer
10:13had just come out before Christmas,
10:15binged the entire thing,
10:17and was absolutely appalled
10:19at the fact that both men
10:20were still in prison.
10:21I know Christine's been working on the case
10:23for a very long time,
10:24probably as long as I have.
10:27I unearthed a ton of information,
10:29and it kind of solidified my position
10:31in this case and with the family.
10:33She was very close to the Avery family,
10:35I think, right off the bat.
10:37They are near and dear to my heart.
10:39They are strong people.
10:41They have endured
10:42more than their fair share of hard times.
10:45We want justice!
10:48Megan organized the first rally.
10:51No DNA!
10:53For me, it was such an eye-opening experience
10:56watching the documentary,
10:57and I had to do something
10:59and get involved in some way.
11:01I reached out to someone
11:03that was running a Facebook page
11:05and asked if they needed help.
11:08I was close with the family.
11:12We both helped to organize
11:13the following rally,
11:15which was June 2016.
11:17We both eventually kind of
11:20collided in our efforts.
11:22We just kind of complimented each other
11:24and built a relationship that way
11:26and have been buddies ever since.
11:30Okay, I'm Brenda. Nice to meet you.
11:32Hi, you're Christine?
11:33Hi, Christine. Nice to meet you.
11:39What do you guys know about Sandra Morris?
11:41Just what was in Making a Murder.
11:44In 1985, were you personally friendly
11:47with Stephen Avery?
11:49No.
11:50In fact, you actively disliked him.
11:53Is that right? At that time?
11:56Yes.
11:57Okay.
11:58And you weren't quiet about it?
12:03In Making a Murder,
12:05we hear that Sandra did not like Stephen Avery
12:08and made up lies about what Stephen Avery
12:11was doing in the neighborhood.
12:13What did you perceive her as?
12:15Spent a great deal of time in the bar.
12:18Okay.
12:19Which indicates she might drink a lot.
12:21Was there a period where you were
12:24spending time in a nearby tavern
12:27and talking about Stephen Avery?
12:29I might have.
12:32I might have went to several taverns.
12:35She's going around telling people at bars,
12:37okay, this is a really credible lady, by the way,
12:40chilling in bars all the time, right?
12:43Making a Murderer strategically edited
12:45portions of Sandra's testimony
12:47to make it sound as though
12:48she was talking about Stephen Avery
12:50at a bunch of different taverns all across town,
12:53which simply wasn't the case.
12:56I might have went to several taverns.
12:58Were you going to several taverns at the time?
13:00I don't know.
13:02I don't remember talking about...
13:05I don't know what you mean.
13:07In the actual deposition,
13:09Sandra doesn't even know what he's referring to.
13:12In reality, he was asking her
13:15about one specific situation
13:17with one person, Sandra's cousin.
13:21Did you talk to a woman named Myra Lee Stick
13:24in a tavern about what you said
13:26Stephen Avery had been doing to you?
13:29Yeah, I think so.
13:31So when she was talking to this girl about it,
13:34that girl was actually there with Stephen.
13:37And I looked at him and I says,
13:39why are you doing this?
13:40And he looked right at me and he says,
13:43oh, you look, you like it.
13:46Do you have a belief about what caused him
13:50to start doing this to you
13:52in the summer of 1984 or the fall?
13:55No, no.
13:56You don't know what his motive may have been?
13:58No.
13:59I will say that I felt like Sandra
14:01had an axe to grind with him for whatever reason.
14:15Sandra just happens to be married at the time
14:18to William Morris, the deputy sheriff.
14:22He was actually one of the reserve officers
14:26for the county of Manitowoc.
14:29Just because you're married to law enforcement
14:32doesn't give you the right to take
14:34somebody's name down like that.
14:36That was just wrong.
14:39Sandra was married to the deputy in the MTSO.
14:43That was it.
14:44That's Judy's fate.
14:46Ma'am, I'm going to show you a report
14:48about Stephen Avery in decent exposure.
14:53It indicates that there was a complaint
14:56received September 20, 1984.
15:00It says that he has been known to masturbate
15:04on the hood of the car as she is driving past.
15:08Do you see that?
15:09Yes.
15:12In making a murder, the civil attorney
15:14questioning her in that deposition
15:17asked her about the things that she said.
15:20Did you tell that to the police?
15:22Um, I didn't put it in that many words.
15:27He didn't masturbate on the hood of my car,
15:30but he did come out in front of my car
15:33and he was doing his thing.
15:38Kelly asked her, did you see him masturbating?
15:41And what did you say?
15:42Well, not really, but he was like right there
15:45ready to go, you know what I mean?
15:47Holding his thing or whatever she said.
15:50It then says he has had sexual relations
15:53with his wife out on the lawn.
15:55Dad, I have nothing.
15:56Let me just finish the question.
15:58While all the neighbors are home in the daytime
16:02and able to watch.
16:04Dad, I didn't say it all.
16:06From hearing what you're hearing in making a murder,
16:09what are you assuming?
16:10I'm assuming that she is reading a statement
16:13she made to police that she is now going back on.
16:18Allegedly, neighbors had witnessed Stephen
16:21out on the lawn having sex with Lori, his wife.
16:25So one of them made an anonymous phone call
16:29on September 20th of 1984.
16:32The neighbors in this area are concerned,
16:35you know, can something be done?
16:37And either he didn't catch it or Sander didn't catch it,
16:41but in making a murder, he was reading the things
16:44that the anonymous neighbor said
16:47like it was Sander saying it.
16:49Do you have any explanation for why whoever is writing this
16:53might say that you said that?
16:55I don't know.
16:57She didn't say that.
16:59The anonymous neighbor said that.
17:01It says this is about you calling up.
17:08The witness has already identified herself
17:11as the speaker here.
17:12I don't know if I did call all this.
17:15I didn't call this in.
17:17I discredited Sandra to make her look like she made it up
17:22is how I felt.
17:23The point of it is that she wasn't the one
17:25making the stink about it and had the vendetta against Stephen
17:28and went and made this report.
17:30Somebody else did it and they followed up with her
17:32and asked her about it.
17:33You're exactly right.
17:36He might have done something, I don't know.
17:38I will say this, I'm sure there was something that was done.
17:42Was it as bad as she said?
17:44The way they portrayed it, it seemed like she was taking it further,
17:49but I don't know.
17:51Do you remember the morning in January
17:53when you were forced off the road by Stephen?
17:56Yes.
18:00I was going to work past his house and down the road
18:04and I got towards the end of the road, there's a hill,
18:07and all of a sudden I look in my rear-view mirror
18:10and I see these headlights coming
18:12and they're coming really fast.
18:14And all of a sudden he hit the back of the car.
18:18He described as colliding, their cars collided.
18:21He actually ran her off the road,
18:23exited his vehicle with a rifle, pointed at her,
18:27and ordered her to get into his vehicle.
18:29That's an abduction.
18:31And he said, get into my car.
18:34And I says, no.
18:35And he says, I told you to get into my car,
18:37shut yours off and get into mine now.
18:41He ordered her to get into his car.
18:44I mean, you just don't know what could have happened.
18:48They don't show any of her emotion.
18:50And I says, no, and I begged and pleaded,
18:52and I says, I have my child on the front seat.
18:56I says, I'm not going to leave her here to freeze to death.
19:01You don't see that in making a murder.
19:04Her daughter was in the car.
19:06They left that out completely.
19:08I says, just let me get her to my mother's house or wherever.
19:13And I says, I'll go with you and do whatever you want.
19:16I said, just please let me get her safe.
19:20So then he finally nodded his head yes, and I got into my car.
19:25And I started driving away, and he followed behind me.
19:31He followed her to the stop sign, and she turned right,
19:35and she didn't know if he was going to wait,
19:37she didn't know if he was going to follow her, she didn't know.
19:40And I kept looking in my rearview mirror,
19:42and he was stopped there, and he didn't follow me.
19:45And he turned around and went back home.
19:48But obviously she went right there and called police.
19:51And I told my dad what he did, and he said,
19:53just call 911 and call 911 on him, you know, call the police on him.
19:59So I did.
20:02When he ran a woman off the road and had her at rifle point,
20:06they pretty much made Steven to be the victim
20:09and her to be the perpetrator, the cause of it.
20:14She's the victim.
20:15She's the one that should have been telling that story as a victim.
20:19Steven did a lot of stupid things, but he owned everything he did.
20:25Yes, he did.
20:26He admitted everything he did.
20:29Did he admit the Sandra Morris case?
20:32Yes, he did.
20:34When making a murder,
20:35they talk about how much Steven Avery took accountability.
20:39His cousin Kim Duquette says,
20:41Steven always took accountability.
20:43He always did.
20:44But he always, always owned up to everything he did wrong.
20:47He never said, no, it wasn't me.
20:50And I find that very interesting
20:52because in the Sandra Morris case, he denied it.
20:56Can I just run this by you guys?
20:58They show up, Steven pretends he's sleeping.
21:01I seen him come to the door and he went,
21:04yawned like he just got up.
21:07And he claimed he wasn't home.
21:10A very smart officer went and felt the manifold on the car
21:16on a very cold day, and it was warm.
21:20Then he goes in the house, they search,
21:23and the officer pulls out the rifle
21:26underneath one of the kids' beds.
21:29And it's cold.
21:30So he did complain when he was at the sheriff's office.
21:34He lied about it initially until he was busted.
21:37And he, you know, how are you going to explain that?
21:40I think your knee jerk reaction
21:42when a cop questions you is to lie initially,
21:46at least for the first few moments.
21:48In the interview, he said himself that he grabbed the gun.
21:53He did.
21:55Once they got him back to the station,
21:57after initially denying, yeah.
21:59Once he got found out, he accepted his punishment.
22:03Right, right.
22:05The Making a Murderer filmmakers took the liberty
22:07of forming their own narrative about the Sandra Morris incident.
22:10I think the impression to many viewers
22:12was that Sandra was somehow the bad guy.
22:14We now know that that wasn't the full story,
22:16so the question is, why would they do that?
22:18Why would the filmmakers make a woman
22:20who's been run off the road for doing absolutely nothing
22:23look like a villain?
22:24Well, I think the reason is pretty obvious.
22:26They needed to paint Sandra in a poor light
22:28because they needed to justify Stephen pointing a gun at her.
22:31That's also probably why they omitted the fact
22:33that he ordered her into his car,
22:35because they still needed Stephen to somehow be the victim.
22:38He ended up receiving six years incarceration
22:42for reckless endangerment
22:44and felon in possession of a firearm.
22:48I talked to Sandy Morris at Harps Lake.
22:52Because I used to bartend out there when I was younger.
22:55And she just brought up about how she knew Stephen
22:59and that he tried running her off the road or something.
23:02That's pretty much all she told me about it.
23:05She was in a good place, so.
23:08Her good place was that he was in prison,
23:11so she didn't need to worry about him no more.
23:17Your case was pending when Stephen Avery was arrested
23:21for having allegedly assaulted Mrs. Bernstein.
23:24Is that right?
23:26I believe so.
23:28That Sandra Morris thing, I think what it did for me was,
23:32it kind of had the whole idea
23:34of why the police had their eyes on Stephen Avery.
23:38Stephen Avery was wrongfully convicted in 1985
23:42for the assault of Penny Bernstein
23:44on a beach in Manitowoc County.
23:46This is the case that made Stephen Avery
23:49a public figure in Wisconsin.
23:52He tried for years to prove that he was innocent,
23:56and he was undoubtedly innocent.
23:58Throughout the trial, Avery maintained his innocence.
24:01At his sentencing, he said,
24:03I wish they'd catch the guy, whoever did it,
24:06because I didn't do it, honest to God.
24:09It was a very violent attack.
24:12I mean, they describe it, she wasn't raped,
24:15but she was assaulted pretty brutally.
24:18I was thinking, you know,
24:20Avery hadn't graduated to the violence like that,
24:24so that bothered me.
24:26Stephen went to trial, and he was found guilty
24:30and sentenced to 32 years in prison.
24:33And Lori left behind with the 5 kids,
24:37and he wanted her to send him porn.
24:41There were naked pictures that she sent me.
24:45He would take a magazine,
24:47circle the ones he wanted a picture of,
24:50and then she'd recreate those pictures.
24:53So what she would do is she would have one of her kids
24:57take the picture for her
24:59and then send these pictures to Stephen.
25:01So her children had an active role.
25:04Lori, I think, was at her wit's end
25:07with having 5 kids and having no money
25:09and not having a husband to help take care of them.
25:12So she also sent some letters that talked about
25:16I'm going to kill the kids and myself.
25:18She threatened suicide.
25:20These kids are nuts, they're driving me crazy.
25:23Lori, she wrote some pretty bad things, right?
25:26Because, well, they're taking care of the kids
25:29because she would always complain to him
25:32that she can't handle it, she can't do it.
25:354 of Avery's kids that are under, oh my gosh, 4?
25:40That's a lot of work.
25:42I would imagine that would get pretty stressful.
25:45So Stephen felt that it would be better
25:48for someone in his family, possibly, to help her.
25:53In looking through various police reports,
25:55online articles, witness statements,
25:57you really start to get an understanding
25:59of how Stephen treats his family members
26:01through various allegations that were made
26:03by people that knew him personally,
26:05like his brother Earl, who definitely had a lot to say
26:09Tell me what Stephen asked you to do.
26:12Just to try to take care of Lori the best I could
26:17and to take care of his kids.
26:20But I was only 14, 15 years old, but I tried.
26:25Earl took care of Lori, took care of Stephen's kids.
26:29You're a kid, you're supposed to be going to school,
26:32enjoying your life.
26:33I don't know how to say this, but I mean,
26:36he would call on the phone,
26:38and he would tell Lori to do stuff to me, sexual,
26:44and I'd have to do sexual things back to her,
26:47and it just went more and more.
26:50Lori and Earl had a sexual relationship.
26:53He would ask to stay on the phone and listen,
26:56and he would enjoy it too, over the phone.
26:59I said, why are you having the responsibility
27:01to take care of some other person's wife and kids?
27:05Well, so she wouldn't leave.
27:07He did this for his gratification.
27:11No, that was about it.
27:13That's what I believe anyway.
27:23How did it end?
27:25My wife.
27:27I didn't even know that there was a Stephen Avery that existed
27:31until after probably two years of being married.
27:351990, I think, I first met him.
27:39Earl's mom was going to go visit him,
27:41and I told her, I said, well, who are you going to go visit?
27:44She goes, Stephen?
27:46I said, who is that?
27:48She goes, my son?
27:50And it's like, well, do you want to meet him?
27:52I said, well, no.
27:53I said, why would I want to go trotting off to the prison?
27:56Well, then Earl had me go up there and meet him.
28:00You told me this one time too,
28:02that she wasn't a big fan of Stephen's,
28:04and something happened when she went up to see him at jail.
28:07Yeah, he tried to talk to her sexually.
28:12We went there, and we visited a couple times,
28:15and somehow they decided that they were going to set it up
28:18that I was going to be Stephen's girlfriend.
28:21Dolores and I went by ourselves,
28:24and she sat on one side that only had one chair,
28:28and she goes, well, you can sit on the side with the bench.
28:31I said, well, where is Stephen going to sit?
28:33She goes, well, he can sit next to you.
28:36And Stephen was talking to me, and he goes,
28:38well, don't you know we share wives in this family?
28:42And he tried to touch her or something underneath the table,
28:46and she just flew off the handle.
28:49I looked at him and said, well, I'm not being shared by nobody.
28:52And I told Dolores, I said, well, I'm ready to go home now.
28:55It was the last time I went to go see Stephen.
28:59He would write her letters.
29:02About what?
29:04About getting with him and leaving me when he got out.
29:08I received one, him asking me,
29:11he wanted to have a relationship with me,
29:13and then he would write in there bizarre things
29:17of how he could be my husband and Earl could be my side thing.
29:22And I told Earl, I said, this is just bizarre.
29:25We need to get a hold of the correctional officer
29:28and tell them that they need to stop the letters
29:30going out for certain people.
29:34When talking about Stephen Avery,
29:37I felt as reporters we had a real duty
29:40to as much as we could look into his claims.
29:44But I also felt like we had a real duty to figure out who is he.
29:49You know, he's in there for 18 years.
29:51Well, what was he doing?
29:53Is he holding Bible study in his cell?
29:56Stephen, I think, started to realize that
29:58Lori was going to probably divorce him at some point.
30:02In 1987, his wife filed for divorce,
30:05which apparently angered him.
30:07This is a photocopy of an Easter card
30:09that Stephen Avery sent to his children in 1988.
30:13I requested through the Department of Corrections his prison file,
30:17and there were some cards that he had written to his children.
30:21Happy Easter. Daddy loves you.
30:23When I get out, I'm going to kill Mommy.
30:25And I thought, oh, good God, what is going on here?
30:28Like, who sends their kid an Easter card like that?
30:31Daddy will get Mom when Daddy gets out.
30:34The same card sent to his sons reads,
30:36Daddy will be out soon,
30:38and Daddy will pick you four kids up and run and run.
30:41I hate Mom. She will pay.
30:43That's one of the letters that made me kind of cut all contact.
30:49If you love somebody, you don't threaten them like that.
30:52When I saw these letters, my jaw just hit the floor.
30:55I mean, does this really sound like the kind of letters
30:58that are being written by somebody who just simply does not have it
31:01within his capacity to harm someone?
31:04The fact that he was making threats to his wife
31:06and that he was going to kill her
31:08or that her car wasn't going to run one day and things like that.
31:12And I just remember going to work the next day,
31:14and I said, OK, I got the file, and this is what was in it.
31:17And they said, great, put it on TV at 5 o'clock.
31:21And I said, I was hoping to kind of work on this for a little bit.
31:26CBS 5's Anjanette Levy joins us right now in our Green Bay studio
31:29with more on the issues she's been working on this whole day.
31:31Anjanette.
31:32Tom and Erin, this stack represents 18 years of Stephen Avery's life,
31:36everything from correspondence to records of Avery's visitors
31:39along with incident reports.
31:42I had not seen or heard about that side of Stephen Avery
31:46until I picked up that prison file.
31:50How did you start writing her these letters?
31:52I mean, they're pretty scary.
31:54And it went on for a really long time.
31:56Yeah.
31:57It's just with all the stuff happening,
31:59I'm in there for something I didn't do, and she knows it.
32:02I know some stuff, you know, you write down and you just let it go.
32:07You know?
32:09Do you think that writing that stuff, did that make you feel better?
32:14Well, no.
32:17I feel that I'm trying to win her back.
32:21Most people wouldn't think that was the way to get your wife to take you back.
32:26She went through a lot of stuff, too.
32:28You know, making the threats and telling her,
32:31you don't do this, you don't do that.
32:33When I get out, I'm going to kill you.
32:36Stephen and Lori did eventually get divorced in February of 88,
32:40and Stephen was not very happy with that.
32:44He sent letters to the judges to say this is wrong,
32:47Lori should be looked at for welfare fraud.
32:51The kids, they come up with bruises on them,
32:54and that really kind of backfired on him
32:56because Lori was doing much better with the kids,
33:00and they were doing well.
33:02However, they also investigated the visits when the kids see Stephen.
33:10The kids did not like going to see him.
33:13The children reported being poked and pinched during their visits.
33:16Stephen does this to discipline them
33:18or as a method of playfully teasing the children.
33:21The children, however, believe that Stephen sometimes goes too far and hurts them.
33:26Did he beat the kids?
33:28Mostly Jason, the one that wasn't his.
33:35Jason is Lori's biological son, not Stephen's,
33:40and Lori left the kids with Stephen and came home,
33:43and his front teeth were missing.
33:46Allegedly, it turned out to be that he punched him in the face, this child.
33:53He was always mean to him.
33:56Yeah, he would lay in him pretty good.
34:00Do you feel like your dad was disciplining you,
34:04or do you believe that he was just out of control?
34:07A little bit of both, in a way.
34:09I was just tired of it, to know you're going to go up there and get spanked,
34:13and finally we actually got our visitation pulled.
34:17Manitowoc County Judge Fred Hazelwood terminated Avery's rights
34:21to visit with his children in prison in 1993
34:24since Avery was describing in detail his plans to use a gun to murder their mother.
34:29There was some testimony that you were telling the kids
34:32you were going to kill her with a gun and do all this.
34:35Did you do that?
34:37I don't know what I said.
34:40I don't remember what's all in them.
34:42He also sent them photographs depicting how he planned to sexually mutilate her.
34:48You don't remember telling the kids that you were going to cut out their mom's private parts and kill her?
34:56I can't, no.
34:58You know, they were young.
35:00I figured they didn't know how to read,
35:03and she'd be reading it anyway, you know.
35:08I think I was the wrong way to do it.
35:10There's a side to Steven where he does not obviously deal with stress
35:15in the way that a lot of people would.
35:18The stress of being incarcerated,
35:20obviously there was some issues that he felt he was still trying to control his wife or his children or what have you.
35:27That's all I wanted to do, scare her.
35:30Because I didn't want to be alone.
35:32You know, I wanted to feel something when I got out and she was there.
35:37And it doesn't mean he's guilty of murder,
35:40but it certainly showed me a different side of him.
35:46Lori Avery, after divorcing Steven, married Peter Dassey.
35:49Peter Dassey was previously married to Barb, Steven's sister.
35:53He's also the father to Brendan Dassey and his three brothers.
35:58Lori was already afraid of Steven,
36:00and when it was announced that Steven was being released,
36:02Lori and Peter were two people that were not very happy about it.
36:07Years later, Lori even told the officers during the Hallback investigation
36:11that if Penny Bernstein hadn't wrongly identified Steven in 1985,
36:15she believed that Steven would have killed her.
36:17She believed that Penny saved her life.
36:20After 18 years behind bars, Steven Avery is a free man.
36:26In 2003, he was finally able to have DNA testing
36:31prove that one of the pieces of hair that was left after the rape kit was performed
36:38belonged to Gregory Allen.
36:42It became a huge part of my life.
36:46It became a huge story in Wisconsin when he was freed.
36:51It was a story that was in the news for a long time with the efforts to compensate him.
36:56To make up for those 18 years,
36:58some lawmakers believe Avery should receive nearly a half million dollars in compensation.
37:04You hear a lot of the times that he was in prison for 18 years for a wrongful conviction.
37:11While Avery did serve time for a rape,
37:13he did not commit,
37:14six years of that 18-year sentence was for an incident in which he ran a woman off the road
37:19and pointed a rifle directly at her.
37:22To be clear, six years of those were for the Sandra Morris case.
37:27I feel badly for anybody who spends time in prison for something they didn't do.
37:31You know, obviously the system is very flawed.
37:35Penny Bernstein was crushed.
37:38Absolutely devastated.
37:40There are nights when I go to bed and feel like, you know,
37:43it would be a blessing if I didn't wake up in the morning.
37:47She said the day she found out about Stephen Avery being wrongfully convicted,
37:51that it was worse than the day she was assaulted.
37:55But for all her guilt, she knows she didn't make this mistake alone.
37:58So she told the task force she wants to help fix the system that failed Stephen Avery.
38:04We need to take a look at the procedure, the process,
38:08the way decisions were made 18 and 19 years ago.
38:15When it became clear what the ramifications were,
38:20a lot of people were very disappointed in law enforcement
38:26because it reflected on all of our community.
38:29People were irate.
38:32It was the talk of the area, how this could happen and why.
38:36You know, was there negligence? Was there malicious intent?
38:41So we took the case to the Wisconsin Attorney General, Peg Lautenschlager,
38:47to conduct an independent investigation of the circumstances
38:51and whether any ethical or even criminal violations were committed.
38:56The Department of Justice investigated found mistakes, but no crime.
39:01Had the Sheriff's Department taken more time in exploring potential suspects
39:05prior to the photo array and live lineup,
39:08it is possible that Alan's photograph might have been included in the photo array
39:13or that Alan himself might have been in the live lineup.
39:17The Department of Justice investigated found mistakes, but no crime.
39:21They conclude that there is no basis for a criminal liability.
39:24There's no basis for any ethics violations.
39:27There's no finding of any constitutional violation.
39:31DNA was not available at that time.
39:33Research on the problems with witness identification was not available at that time.
39:39I was really deeply disappointed in the Wisconsin Attorney General's view
39:44and basically whitewashed it.
39:48Stephen really didn't have any relationship with his kids, the boys, at all,
39:52even after he got out.
39:54No. No.
39:56Stevie and Billy.
39:58I don't know if they didn't believe in him.
40:00I don't know.
40:03Only one of the three men in the photo array
40:06was a member of the Wisconsin Attorney General's team.
40:10Stephen was a member of the Wisconsin Attorney General's team.
40:14I don't know.
40:16Only one of his five kids talks to him.
40:19I barely see them.
40:21Just every once in a while I see them downtown.
40:24That's about it.
40:25They looked out of the way.
40:28He had a relationship with Jenny for a little while
40:31and all of a sudden she wouldn't come out by him at all.
40:35So I don't know what happened there either.
40:38Lori wrote that Stephen gave Jennifer hickeys.
40:41That was in a place before.
40:43Yeah.
40:44Jennifer came home one time and she had hickeys on her neck
40:47and he thought it would be funny.
40:51I might have heard it but I don't remember it.
40:53I don't remember it.
40:56How did he treat Barb?
40:59Once in a while they got in scraps and he kicked the shit out of her.
41:03I remember her nose and everything bleeding that one time too.
41:06They hit her against a wall but in the kitchen.
41:12Stephen Avery had a very well established pattern of abusing women
41:16and yet despite all of the evidence of this
41:19you had people that would stand by him.
41:21They'd say, oh we're not making excuses for him.
41:23We're not making excuses.
41:25But that's exactly what they were doing
41:27and that's exactly what they continue to do.
41:29You think about his background
41:31You think about his background, his circumstances.
41:34We're not sticking up for him whatsoever.
41:37But I think what we're looking here is the type of crimes he did.
41:41He never attacked people.
41:44He never raped women.
41:46He never bashed people up.
41:48He took property.
42:01I personally would like you to talk to us a little about your relationship with Stephen
42:05and the abuse that you took.
42:08Well at first it was good until I found out about Marie.
42:13How did you find out about Marie?
42:16Oh boy.
42:18She kept calling his phone
42:20and I asked him, well, why does she keep calling you?
42:24And we argued about that.
42:26And I asked him, well, why does she keep calling you?
42:30And we argued about that.
42:33And then he told me that he slept with her.
42:36Did he say that or did he say he had sex with her or what did he say?
42:40I believe he said he fucked her.
42:44Tonight, accused murderer Stephen Avery could soon face more criminal charges.
42:49Brown County District Attorney John Zukowski is reviewing a sexual assault allegation made against Avery.
42:57And then after that's when he started beating me
43:00because I told him that he's sick for sleeping with her
43:04and having anything to do with her because she is his niece, blood or not,
43:11and a minor.
43:20Coming up on Convicting a Murderer.
43:22Authorities in Manitowoc County received a sexual assault complaint against Stephen Avery.
43:26He has an established pattern of behavior.
43:29And when it comes to this particular scenario, we are talking about a minor.
43:38And I asked her about it and she says, we're just horsing around.
43:41I said, Marie, come on.
43:44This is not horsing around.
43:46Stephen really does have a classic victim mentality.
43:50What do you think about this latest allegation?
43:54Even when he is being the aggressor, he always points to what's being done wrong to him.
44:05Do you ever threaten your parents?
44:07He said if I ever left him, he'd burn our house down with them in it.
44:16CONVICTING A MURDERER
44:46CONVICTING A MURDERER
45:16CONVICTING A MURDERER