Netflix’s “Making A Murderer” Has Several Flaws, Reveals A New Book

The Netflix series Making a Murderer does not address several facts that took place originally in the incident of murder of Teresa Halbach in 2005 and convictions of Steven Avery and Brendan Dassey in 2007. These issues are highlighted in a book based on the incident called Rush to Judgement, according to one of the authors, Jessica McBride, who is also a columnist for

Netflix's "Making A Murderer" Has Several Flaws, Reveals A New Book

Documentary distorted the facts: McBride  

“When I started looking into the case file for, I was rather shocked to see how much the documentary distorted things,” McBride said, adding that a fuller view of the evidence leads to a different conclusion than what Netflix portrayed.

She took the example of the infamous hole in the blood vial and said that a prison nurse claimed she had put it there. McBride talked to national experts who said it was common to find such holes and that they “are how the blood gets into the vial.”

“I was first to report this that I know of, for OnMilwaukee, and turned it into a full chapter,” McBride said.

McBride said that Avery’s defense counsel had exaggerated the mysterious disappearance of the phone records also. In Netflix’s documentary, defense attorney Buting tells Rolling Stone that the day before Halbach disappeared, someone accessed her voicemails. In reality, neither was this proven, nor was there any evidence supporting it. According to the wireless expert who testified, it was not possible to tell the time when the voicemails were accessed. All they could tell was when they were left, McBride said.

What Netflix missed?

Another major incident that Netflix left out in its docu-series was Steven Avery’s alleged molesting of Brendan Dassey, McBride says. In reality, Dassey had reported the incident to his mother and authorities that Avery touched him inappropriately. And one of Dassey’s defense attorneys — Len Kachinsky — has been completely misportrayed in the documentary.

“Kachinsky was trying to get his client a 20-year plea deal yet he’s become the villain,” the author said.

In Netflix’s documentary, there is also a scene in which law enforcement is interviewing Dassey in Kachinsky’s absence, but the truth is that Dassey had already made his confession on video to law enforcement before Kachinsky was even assigned the case, and Netflix’s filmmakers failed to show this.

  • T_Cantu

    Sure…I tried to stick to verified calls and what was testified to on the stand. Let me know if you find an error or a verified record I haven’t listed on the timeline.

    2:27 The last time anyone (in this case Auto Trader) speaks on the phone to Teresa Halbach, unless her phone bill shows something different. Says she is 10 minutes from the Avery location. Has been there about 6 times…familiar with area and time.

    2:41 Teresa gets a call that goes to voicemail. Presumably not in her vehicle or just not answering call.

    2:45 Bobby Dassey states that is when he saw Teresa head to Steven’s trailer.

    3:00 Bobby Dassey leaves to go hunting and says Teresa’s RAV4 is still there but he doesn’t see Teresa.

    3:40 ish…Brendan and Blaine get off bus. Bus driver testifies she sees woman taking photographs of property. This is an hour after Teresa supposedly arrives. Did school let out early for Halloween? Was this another woman? Was this the correct day?

    4:35 Steven Avery calls Teresa’s phone, doesn’t use the *67 feature. DOJ statement from 11/15 states he said it was to call her to take another picture of a loader. Others state this was to establish the notion that she didn’t ever arrive. Call apparently goes to voicemail. Not clear if any message was left in the 10.8 second duration (.18 is 100’s of a minute). Note: If Steven Avery really did use *67 routinely as some people do, then didn’t use it on the call after she left, it could be because she indicated it was her phone and not a forward service, so protecting from number sharing was no longer a concern. Or he hit redial…or just forgot.

    4:40 ish…Bus driver apparently passes again. Does not see woman that time.

    5:15 Blaine Dassey leaves and is picked up by a friends mother.

    5:30 Brendan calls a friend.

    5:36 Jodi call Steven from jail. He does not appear to be exited or in a rush. They speak for about 15 minutes.

    5:41 Sunset

    5:57 Steven calls Charles Avery from his cell phone. Call duration is 5 minutes, 23 seconds.

    Appr 6:00 Brendan speaks to Blaine’s boss on the home phone. It’s interesting that interrogators got Brendan to say this was a lie (it didn’t fit the timeline they were trying to establish), but at Avery’s trial Mike Kornely testified that he did speak to Brendan at about 6:00. Thus, one more reason the Dassey confession was suppressed at Avery’s trial.

    Keep in mind that at this point, Steven has supposedly had Teresa for either 2 or 3 hours, depending upon whether you believe Bobby Dassey or the bus driver as to when she was seen. During this time he receives a call from Jodi and makes a call to his brother Charles. If he makes any other calls, they are from his home phone.

    Appr 7:00 Steven calls Brendan to come over for the bonfire.

    During the Dassey confession, interrogators got Brendan to say he went to check the mail, took it to Steven, was shown Teresa and all the bad deeds were done. Brendan is at least home until 6, as other calls show. Steven is on the phone a couple of times for sure. The call to Charles while all this is supposedly going would be awfully puzzling.

    7:45 Scott Tadych drops Barb off and sees Brendan and Steve standing by the bonfire.

    8:57 Jodi calls home phone and they speak for about another 15 minutes.

    Appr 9:00 Barb calls Steven and asks if Brendan has a coat and says he has to be home by 10.

    9:20 Steven calls Barb but she doesn’t answer.

    9:30 – 10:00 Brendan goes home. Has bleach on his pants. Says he helped Steven clean the garage floor. Let me just say here that I know people that use bleach to clean just about everything. Had a co-worker that used it for everything. My husbands family is like that…floors, counters, you name it. I personally hate it, it never fails to find it’s way onto my clothing. I clean with vinegar and/or peroxide. My point is that cleaning with bleach is common for many people.

    Ok…since I haven’t been able to confirm the call to Brendan actually took place at 7, we have to stick with the call made by Blaine’s boss at appr 6. The latest time given for Brendan going home is just after 10. Of course, we do know that at almost 9, Steven took a call from Jodi on his landline.

    So which best matches the different versions? Teresa left between 3 and 4; Steven spoke to Jodi and Charles; Brendan came over at 7 and they started a bonfire, driving around in the gold cart finding scraps here and there to add. Watched tv for a bit. Steven was inside at around 9 to take a call from Jodi. They worked in the garage a bit. He helped Steven work on a car, Steven cut himself and being the uncle, had Brendan clean things up, where he got bleach on himself; and he goes home.

    OR…Brendan goes to check the mail at some point and goes to Steven’s to drop off mail; rapes Teresa, they watch TV for about 10 minutes, then go back and stab her, cut her hair and her throat. They take off the shackles (fuzzy cuffs) and tie her with a rope. They take her to the garage and she is shot 5 – 10 times. They put her in the back of the RAV4 and drive her a few feet to the burn pit.

    Not only that, but they have all this blood splatter, bodily fluids, etc. to clean up in the house and the garage. Brendan states during interrogation that they burned the mattress, but no mattress was found on the burn pile, and Avery’s mattress and box spring are in place on the bed. They did such a good job that not a single single piece of DNA evidence could link Teresa to the inside of Avery’s trailer and garage, unless you count the casing that was found four months later. In fact, while cleaning, they are even able to eliminate any of Brendan’s DNA as well. Except for the RAV4, everything is squeaky, except for dust, junk and deer DNA. Sure would be nice to know who else’s DNA was in the rear of the RAV4. They found a 3rd profile.

    In order to reach the level of charring the bones had, there would have to have been intense heat and several hours of burn, with additional tires added (that would have caused a lot of black smoke and odor) and a lot of tending to keep it going.

    Yet by 9, Steven is back in his house taking a call from Jodi and not much later, Brendan is back at home.

    Those were some busy boys, huh. Killing, cleaning, burning a body like it had been burnt in a smelter and still managing to be inside to answer landline calls.

    I’m not done with the timeline. Still looking things up. Sure doesn’t match the prosecutions version very well…either version: the one used to convict Avery or the one used to convict Brendan. They can’t both be right.

  • LivinInTheUSA

    I’m interesting in learning your timeline. I didn’t do a timeline, but I could tell from phone logs that Ms. Halbach was not at Avery’s between 2:27PM-2:41pm. I could tell that by subscriber activity (Exhibit 361), since it shows the phone moving between low frequency towers via the ICELL numbers. I was complete flabbergasted with the Remiker/Wiegert conversation, in which they disclosing having cell tower records. That information should have been disclosed and is required to be disclosed per Brady Disclosure.

    The prosecution luring theory is disproved by the phone records (Exhibits 359 & 361). First, the records show Ms. Halbach spoke to Avery when the first *67 (2:24pm_) call was made. Second, records show the second *67 (2:35pm) had a zero duration on Avery phone and never reached Halbach’s phone. It’s would be stupid to claim; the *67 was used as luring when knowing the two people spoke, and the second call looked to be accidental redial that never reached the other phone. The prosecution’s entire luring theory seems to belittle Ms. Halbach whereby claiming she didn’t know she was “duped” until she pulled into Avery drive. Ms. Halbach was a college educated person, who seem career oriented, she was dispatched to a location by her employer, she spoke directly to the person at that location, she was asked by her employer when she would be arriving (2:27pm call), and she drove the route to the location. There is no reason whatsoever to believe Ms. Halbach didn’t know where she was going until she got there. While the prosecution himself used his position to lure women and belittle women, there is no indication of Avery having lured Ms. Halbach.

    Those working to tarnish Avery, via the molestation/rape claims, are comical given they are tarnishing the DA. This is because it’s the District Attorney’s Office duty to pursue such charges. However, relative to Dassey, it was clear from thee May 13th interrogation transcripts (845-846); he was led and told of the touching, and told “it’s all right, now is the time” to tell them it back. Frankly, the line of questioning was so appalling the DA should have pursued sexually harassment of minor charges against the investigators. That interrogation was also interesting, since it also demonstrated how easy Dassey was to coerce and how much information he was being fed. This is because, per Page 821,demonstrated Dassey knew where they key was found on November 8th and confessed to Avery putting it there on November 4th.

    Like you, I’m excited about Zellner’s involvement. I am confident with herr investigation & forensics work she will meet her goals of vindicate her clients and identifying Ms. Halbach’s killer.

  • T_Cantu

    I have done a timeline…don’t think Avery and Dassey could have done this. My comments were in response to other comments I’ve seen. I was disputing the notion that the 4:35 call by Avery was done as a cover, and that if he had her phone, Avery could have deleted the messages. To make the prosecutions story work, Avery practically has to be a criminal mastermind.

    I was also disputing the molestation charge. I have literally seen people write that Avery was molesting Dassey since he was a kid. Yet Avery got out of prison when Brendan was 14. Plus, in the conversation with his mom, he describes what could be normal guy behavior. Which is all moot, since I feel the “confession” was nothing of the kind and should be thrown out…shouldn’t have been allowed in in the first place, since it didn’t match the physical evidence.

    Personally stoked about Zellner being involved.

  • LivinInTheUSA

    If you look at the subscriber activity (Exhibit 361), you will find a 13 second message was left. If you look at the message logs (Exhibit 271), you will find calls as of 8:05am on 11/2 were moved to “old”/saved whereas those as of 9:23am on 11/2 remained as “unopened”. Thus, someone played the message sometime between 8:05am and 9:23am and they did not save and/or deleted the 10/31 4::35:13pm message.

    As far as the molestation claim, if you read the transcripts from the interrogation you will find how he was led (Pages 845 – 846). The told him if the touching and told him to tell them (Also on Page 846). The also obtained how he was going to communicate with his mother (Page 861) and threatened him with they would tell his mother if he didn’t (Also on Page 861). The transcripts (Page 830) also revealed how much information Dassey was being given and how confused he was on what to include into his confession. More specifically, he literally confessed to Avery putting the key on the floor.

    Regardless, with Zellner working the case I’m sure a proper investigation & forensic work will now be performed. She not only set her goals as vindicating her clients, she also set a go as identifying Ms. Halbach’s killer.

  • LivinInTheUSA

    One would expect consolidation in a documentary covering such a large span of time. It seemed what the documentary did very well was to get people, involved in the prosecution, talking and get thousands/ if not millions researching the case. Whether or not the Series selectively left out information, with the intent of generating new evidence and/or independent confirmation of the coercion & evidence tampering, is a topic of debate.

    Leaving out the molestation claim, certainly caused people to look into the transcription of the May 13th interrogation. It was clear from that transcripts (Page 846), the officer told Dassey of the touching and informed him “it’s all right, now is the time” to tell them of it. The transcripts (Pages 845-846) also showed how they led Dassey by making him very comfortable. Frankly, the line of question was so appalling it could be construed as sexual harassment of a minor. The transcripts (Page 861) also showed how they would get Dassey to tell them when/how he’d be talking to his mother and threaten him with he needs to tell his mother before they do. Once the form of commutation was known, they also made sure he’d repeat what was said (Page 863). However, the transcripts (Page 830) also revealed how much information Dassey was being fed and how easy he was to coerce. More specifically, he not only knew where the key was found on November 8th he also confessed to Avery having put the key in that location.

    As far as the “infamous hole”, what the nurse is overlooking is that only explains how blood goes in not how it’s taken out for testing. The hole itself is very off-centered, which is inconsistent with blood being drawn using a tub holder. However, assuming the nurse somehow remembers the location of each and every hole in every vial she used; it is the lab’s protocol that dictates if a hole should present. Most lab’s protocols would not re-use the hole, since that risks contaminating lab testing with anything deposited on the cap during transport. Thus, a lab’s typically protocol would be; removes the cap, take what is needed for testing, then replace the cap with anew if the sample is to be stored.
    In regard to the “phone records”. First, it’s not the defense’s job to prove that is the prosecution’s job. Second, the phone records do show a message was left (Exhibit 359). Additionally, the transcripts (Day 12 Page 160) revealed the prosecution attempted to keep that information from the jury by creating their own representation of Exhibit 359, via Exhibit 360, that misrepresented the call duration. Lastly, while the voice mail records (Exhibit 372) do not show the exact time it does establish a timeframe. More specifically, someone accessed Ms. Halbach’s voice message between 8:05am and 9:23am on 11/2 thereby causing; message left as of 8:05am to move “old”/saved whereas those as of 9:23am to remain “unopened”. Using the subscriber activity (Exhibit 361) it is clear Ms. Halbach was forwarded as of 2:41pm on 10/31. By cross-referencing Avery’s phone records (Exhibit 359) to subscriber activity (Exhibit 361) it can be establishes Avery left a 13 second message at 4:35pm on 10/31. The voice message logs (Exhibit 372) reveal (Via the “auto” numbers) that the duration of Avery’s message is consistent with that of other callers. However, the absents of his message (within Exhibit 372) indicates the person who played the message did not save his message and/or deleted it.

    However, not mentioned in the article is the infamous hood latch. It was clear from the transcripts (Day 11 Page 94) no presumptive testing was done whereby testing let alone a source establish. The transcripts (Day 6 Page 210) also revealed the lab did not swab the hood latch and the swabbing didn’t take place until April 3rd. As demonstrated by even the States own test results from the cuffs (Day 11 Page 34) the test results from the latch (Day 10 Page 174) is scientifically impossible to produce 21.8 weeks after contact due to degradation. As a result of the Series leaving out the hood latch the defense now knowns Avery’s “sweat” was used, given Avery incarcerated in the County Jail, they can now know establish how it was sourced and who had knowledge of it being sourced.

  • Josh Thompson

    The molestation claim was alleged and not proven or admitted as evidence, therefore would have no place in a documentary.

  • T_Cantu

    Blood was initially found in Avery’s bathroom…didn’t even have to come from a vial.

    Deletion of the phone messages could go either way. However, Laura Schadric, the mobile phone engineer stated at trial that Teresa’s phone activity ceased at 4:21pm; yet, Avery’s phone records show he attempted to call her at 4:35pm. Is it being suggested that he destroyed her phone, then used it 14 minutes later to delete messages? It went to voicemail and the call duration was .18 hundredths of a minute (or 10.8 seconds), This man was out for two years and did not deal with technology much while he was. Mull that over a bit.

    Ah…the molestation implication. Brendan was 14 when Avery got out of prison from the false conviction. Old enough to be “one of the guys.” Like it or not, guys do weird things. I was in the Marine Corps. They grab at each other in a “coulda got you that time” manner and slap each other on the butts. There is an awareness of this, which is why part of the charge of molestation comes with the caveat of being “for sexual gratification.” But for the sake of argument, let’s say it were true. I know of a local man that has gone to prison twice for molesting young girls. Last time was only for two years. I actually don’t agree with that short of a period, but Avery has done around 10 years so far. Quite a bit of time for “grabbing.”

    Kachinsky. So…he was trying to be nice and get the kid 20 years instead of life huh? Why wasn’t he out hustling up an expert on interrogations or attempting to get the interrogation suppressed, like in Avery’s trial, because the “confession” didn’t match the physical evidence and Brendan had been interrogated without benefit of counsel?

    Some book.

    Maybe I should write one on why the alleged crime scenes weren’t preserved in any way. Why state statute regarding calling in the county coroner to document evidence, particularly with a photo and written evidence log, was not just overlooked, but blocked. The forensic specialist that was invited to the salvage yard, testified to being led around to look at not much of anything and only being taken to the fire pit, Avery’s mobile home and the detached garage, after already being contaminated. This was the same man that did the original luminol test in the garage. He testified that it did not shine brightly like it would had it been bleached. He did not know that the Phenolphthalein test came back negative for blood. That’s just a portion of what was wrong about this case. Usually they worry that scene contamination will let a killer go…but what if scene contamination was deliberate so a defense team had more trouble establishing reasonable doubt? The judge never should have allowed “evidence” from a contaminated scene. These things go directly to the heart of the case…not like iffy suggestions that A proves C must be true because J, O and T are in the middle. What utter nonsense.

    Let’s keep in mind that is was the prosecutions job to prove guilt beyond a shadow of a doubt, not Steve Avery’s to prove innocent of murder.

    And then when the case went to appeal, Judge Fox reviewed the case. What? How does the same judge review his own case? Nope…no conflict of interest there.

    Please…this county tightly controlled the direction of this case. Time for some legitimate scrutiny…not this hate monger tripe.