I watched the ten-part
documentary Making a Murderer (2015; dirs. Laura Ricciardi and Moira Demos) within
the span of a weekend. I felt compelled
to watch each episode, even as I grew increasingly dissatisfied with the
depiction of the murder and the trials that followed. First, the series was too long. It could have been compressed. Second, the series is told from the perspective
of the Avery family, and we see relatively little from the perspective of the
family of the young woman who was murdered, Teresa
Halbach. There’s a lack of balance. In fact, the series led me to believe
(perhaps this was not its intent) that Avery might have been guilty. Finally, the series ends unresolved—Avery and
his nephew Brendan Dassey remain in prison, still pursuing without success various
lines of appeal.
Frankly, if the intent was to
convince us that Avery and his nephew were innocent, I don’t think this
documentary succeeds. At best, it leaves
us uncertain, although it leaves strong doubts about the guilt of Brendan Dassey,
who was sixteen at the time of the murder and who was sentenced to 40 years in
prison.
The documentary does succeed in
demonstrating that the quality of justice one receives is directly tied to the economic
status of the accused, and to the availability of good lawyers. It shows the helplessness of the accused when
incompetent or dishonest law enforcement work against them. Steve Avery in the
early 1980s was sentenced of beating and raping a woman. The documentary demonstrates convincingly
that he was framed by the local police and prosecutor. His family had a bad
reputation in the community, was regarded as poor and shiftless, as
outsiders. He’s a convenient scapegoat. He
spends 18 years in prison before DNA evidence exonerates him. Released from prison, for a short time he
becomes a public symbol of how weaknesses in the legal system can leads to
unjust convictions. Then he’s arrested
again, this time for raping, killing, and incinerating a young woman. This time the evidence appears to be more
definite. Avery uses money received from a settlement with the state for the
unjust conviction to hire two excellent lawyers to represent him. As good as they seem to be, they can’t
convince the local jury that their client is innocent. Perhaps they err in arguing that evidence
central to the case—a key, and blood found in the victim’s car—was planted by
local police. It’s possible members of the jury, all from the local community,
didn’t like their policemen being accused of corruption. It does seem likely the key was planted. It was not found until the seventh time Avery’s
home was searched. The argument that the blood evidence was planted seems less
convincing). Avery presents himself as a reasonable and affable man, and in the
many recorded phone conversations used in the documentary, he never comes
across as anything other than an innocent victim of police bias and
malfeasance. However, other evidence (such as the victim’s bone fragments
recovered from a fire-pit on his property, and her vehicle, recovered from the
auto junkyard he owns), suggest his guilt. There may be a darker side to Avery,
a murderous side, but the filmmakers don’t show it.
The documentary implies that the
factors leading to Avery’s conviction had little to do with guilt or innocence,
and more to do with poverty, the family’s reputation in the community, and
Avery’s previous difficulties with the police.
More clearly outrageous is the
case of the 16-year old nephew Brandon Dassey.
He’s described as barely functional, with an IQ of 70 and a verbal IQ of
67. When the police first question him,
he’s hardly able to communicate. He
doesn’t understand what they ask him, doesn’t understand basic vocabulary
(“inconsistent,” for example), doesn’t understand why they are questioning
him. The detectives lie to him, ask
pointed questions, bully and pressure him, suggest that he won’t go to jail if
he tells the truth (that is, the story they want to hear), he implicates
himself. His court-appointed lawyer is
not present when he is questioned by the police without his presence,
encourages him to take a plea deal, and basically connives with the police to
convince the boy to tell a story that will make him a prime witness against his
uncle. An interrogator hired by the
defense attorney bullies the boy into confessing. The boy gives three or four
different versions of the story, ultimately insisting that he has nothing to do
with the crime. He’s a helpless,
pathetic, manipulated victim of corrupt police and a dishonest defense
attorney. He’s the victim of a legal
system that is biased against the poor and biased in favor of law enforcement officials
even when allegations of corruption or incompetence are involved.
It’s quite possible Dassey was
guilty. But his guilt is not
demonstrated beyond a reasonable doubt.
It’s possible his uncle manipulated him into helping with the crime or
at least with covering it up. It’s also
possible, perhaps likely, he was innocent.
The documentary uses recorded video
testimony from the trials and from interrogations of Dassey, audio recordings of
phone conversations and of courtroom transcripts. Many individuals are interviewed, especially
members of the Avery family. The
documentary generates an intriguing sense of place, of setting, of atmosphere. It offers vivid portraits (some of them
one-sided) of the principal figures involved.
It tells a disturbing story. It doesn’t convince us of the innocence of
Avery and Dassey. It does convince us of
the egregious shortcomings in the law enforcement and legal system that convicted
them.
Given the apparent unwillingness
of prosecutors and grand juries to indict policemen who shoot young black men
in, at best, questionable circumstances, or who commit other actions that lead
to their deaths, this documentary has particular relevance.