Making A Murderer, Netflix’s new hit addition to the true crime world of podcasting’s Serial and HBO’s Paradise Lost trilogy, is an entertaining documentary series highlighting the faults within this country’s justice system. But Making A Murderer does lead an audience down a path filled with pre-conceived notions, to an ultimate destination that is strongly in favor of Steven Avery.
So exactly what facts did Making A Murderer co-creators Laura Ricciardi and Moira Demos leave out of their series?
Dassey’s Second Confession Accused Avery of Molestation
The phone call between Brendan Dassey and his mother in episode four of Making A Murderer, after Dassey met with his ex-defense attorney’s private investigator and then later with the official investigators, had its tone dramatically changed to portray Dassey’s mother, Barb Tadych, as flip-flopping.
Pajiba has posted the transcript of the call, which includes Dassey telling his mother how Avery had molested him and more of Dassey trying to convince Tadych of his guilt.
And this isn’t even considering that the show’s portrayal of Dassey speaking to Michael O'Kelly, the ex-defense attorney’s private investigator, was also skewed. It happened much differently.
The audience is led to imply that O’Kelly used the same tactics as official investigators to get Dassey to write out that statement. But as Pajiba points out, in the actual transcript of the meeting, after some admittedly lengthy imploring, O’Kelly sits back and largely just asks open-ended questions, letting Dassey tell the story while he said things like “Continue,” or “Describe It.”
The issue is that Making A Murderer’s portrayal of Dassey’s intelligence level hinges on Dassey being too “slow” to remember the complicated details without prodding from a malicious interviewer.
In Dassey’s defense, the official investigators may have primed Dassey to say that he was molested. Tom Fassbender was the one who first brought up molestation with Dassey and asked questions like, “Did he ever touch you, it's all right, now is the time,” and “Ah huh. And, and ah, were [you] unclothed at that time?”
Halbach Was Creeped Out By Avery
Let’s just ignore the fact that Avery *67’d Halbach twice before she showed up at his salvage lot and then once more later in the same day (that she disappeared). Let's focus on the fact that Halbach disliked even visiting Avery’s salvage lot and had lodged a complaint with her boss stating that Avery had greeted her wearing nothing but a towel in the past, according to Pajiba.
Also omitted from Making A Murderer was the fact that Avery called Auto Trader numerous times about Halbach, and always requested that Halbach come specifically.
There Was More Evidence
There are bits and pieces of evidence that Making a Murderer omitted that did not look too favorably on Avery and Dassey.
Halbach’s palm pilot and camera were found in Avery's burn barrel, and so were rivets in the fire pit from the same brand of jeans as Halbach wore, Daisy Fuentes.
There was also residual DNA from Avery on the hood latch in Halbach’s RAV4. Unfortunately for Avery, this matches up with Dassey’s statement that Avery had lifted the hood of the RAV4 after they had moved it and disconnected the battery cable. What came first, the chicken or the egg?
Sherry Culhane, the state’s DNA expert, testified during the trial that Dassey’s clothes had extensive bleach stains on them, and Tadych, who is Dassey’s mother, had asked her son what had happened after noticing the bleach splotches on Dassey’s jeans. Dassey replied that he had been helping Avery clean the garage floor.
Manitowoc County Detective Anthony O’Neill testified that Dassey was asking the wrong sort of questions the day he had been brought in for questioning and Halbach’s SUV was found, including “Do you think he did it?”
This could be the result of the verbalized pre-conceived notions of the officers surrounding Dassey that day, but Halbach was still listed as a missing person at this time.
The bullet that was found in the garage was also later linked to the .22 caliber rifle Avery had hanging above his bed.
Making A Murderer’s depiction of the relationship between Avery and Jodi Stachowski isn’t necessarily accurate. There had been some fireworks between the two, and Avery was even arrested in 2004 and ordered to stay away from Stachowski for 72-hours for “violating a disorderly conduct ordinance after an altercation with Stachowski,” according to Milwaukee Magazine.
Avery Seriously Messed Up That Cat
Making A Murderer did mention Avery’s whole “young and stupid” phase that led to him being charged with animal cruelty, but what the show didn’t mention was how explicitly cruel it actually was. In the show, the animal cruelty incident was depicted as Avery just having some youthful fun of chucking a cat over a bonfire, assumingly to watch it freak out when it lands on the other side, and accidently misjudged his throw.
What actually happened was that Avery and his friends found some gasoline and oil, drenched the cat and then threw it in the fire to watch it burn.
"When they brought out the fact that he lit a cat on fire, I think that's when people started to turn against him," said Chris Avery, 57, Avery’s aunt by marriage, according to Madison.com. "It's almost hard to put your face out there."