Here's all the incriminating evidence the 'Making a Murderer' prosecutor says the 'conspiracy' show left out
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Ken Kratz, the prosecutor who helped put Steven Avery and Brendan Dassey away for murder, says crucial parts of their trials were left out of Netflix's documentary, "Making a Murderer."
"You don't want to muddy up a perfectly good conspiracy movie with what actually happened, and certainly not provide the audience with the evidence the jury considered to reject that claim," Kratz told People magazine via email.
The former Calumet County prosecutor has been under fire from viewers of the Netflix series: His law firm's Yelp page has been inundated with negative reviews, he has been harassed on Twitter and Facebook, and he says that he's received death threats.
The series follows the investigation and trial of Avery — who had previously served 18 years in prison for a rape and attempted murder for which he was exonerated — in the 2005 murder of Auto Trader magazine photographer Teresa Halbach on his property.
"Making a Murderer" executive producer Moira Demos has said, "The key pieces of the state's evidence are included in the series." According to Demos, Kratz declined the producers' invitation to interview for the series.
Here's the important evidence Kratz said "Making a Murderer" left out:
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Avery previously showed earlier signs of interest in raping, torturing, and killing women: Kratz alleges that during Avery's earlier prison stay, he "told another inmate of his intent to build a 'torture chamber' so he could rape, torture, and kill young women when he was released."
Another inmate had allegedly told Avery that the best way to get rid of a body was to "burn it." The prosecutor asserted that Avery tried to cover up the murder by burning Halbach's body in his fire pit where her bones were found.
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Avery targeted Halbach, in Kratz's theory: Kratz said that Halbach visited the Avery property on October 10 to shoot photos and was greeted at the door by Avery "just wearing a towel." Afterward, Halbach told her employer she didn't want to return to the property because she was "scared" of Avery. For the October 31 visit, Avery allegedly requested "the same girl who was here last time." And Avery allegedly knew that Halbach found him creepy, so he gave his sister's contact information.
"[Halbach's murder] was planned weeks ahead of time," Kratz said. "[Avery] asked for that same girl to be sent. He was ready for her."
Avery tried to use a call to Halbach's phone to establish an alibi, Kratz says: Phone records showed three calls from Avery to Halbach's phone on October 31, according to the former prosecutor. That day, he allegedly called Halbach's phone twice using the *67 feature to disguise his calls. Later at 4:35 p.m., Avery allegedly called the phone again without the *67 feature – knowing Halbach wouldn't answer – after she was supposed to arrive to his home. He allegedly wanted to establish an alibi by saying she never arrived for the appointment.
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There was more DNA evidence: Kratz said that Avery's DNA was found under the hood of Halbach's car. The attorney argued that it wasn't from his blood, but from sweat. The defense argued that blood taken from an old vial of Avery's blood from 11 years before was planted inside the car.
"How did his DNA get under the hood if Avery never touched her car? Do the cops have a vial of Avery's sweat?" asked Kratz.
A bullet connected Avery to the victim: Kratz argued that a bullet found in Avery's garage with Halbach's DNA on it was fired from Avery's rifle. Apparently, the bullet was in a police evidence locker since November 6, 2005, very early in the investigation before Avery was charged.
"If the cops planted the bullet, how did they get one fired from [Avery's] gun?" Kratz pointed out. "This rifle, hanging over Avery's bed, is the source of the bullet found in the garage, with Teresa's DNA on it. The bullet had to be fired before Nov. 5."