Playing Devil's Advocate With 'Making A Murderer'
Start writing a post
Politics and Activism

Playing Devil's Advocate With 'Making A Murderer'

My opinion on the Steven Avery story.

39
Playing Devil's Advocate With 'Making A Murderer'

These days, it’s pretty hard not to have heard about the story of Steven Avery. A controversial documentary called “Making a Murderer” has blown up to be one of the biggest conspiracy theories in recent times. In 1985 Steven Avery, a Wisconsin native, was found guilty for a crime he didn’t commit. Manitowoc County police officers and the Manitowoc County DA clearly had it out for Avery. In this case, they ignored more than one substantial piece of evidence that would have proved Avery's innocence. They also covered up evidence that possibly would have exonerated him sooner. Because of this he served 18 years in prison for a crime that he didn’t commit. Eventually, due to new DNA testing, he was found innocent and was released from prison. Less than a year later, and in the midst of a huge lawsuit in which Avery was suing Manitowoc County for a lofty 36 million dollars that the county couldn’t afford, Avery was arrested for yet another crime that he claims he never committed.

The documentary series is controversial for a few reasons. In addition to the controversial nature of the subject matter, people argue that it left out key elements of the prosecution’s argument against Steven Avery. The prosecution and others who were involved in the trial claim that the show should not be called a documentary because it doesn’t include all of the evidence the prosecution presented. However, the defense and the makers of the series claim that evidence from both the prosecution and the defense were left out because the trial was so long and evidence heavy. They also argue that the information left out was not vital to making or breaking either side’s argument.

One key piece of evidence that was left out of the documentary was that Steven Avery’s sweat DNA was found under the hood of the victim’s car. Throughout the series they talk about Avery’s blood being found in the victim’s car, but they don’t really touch on the sweat DNA. The prosecution feels that this is key evidence that is left out of the documentary because it weakens the defense’s argument that Avery was framed by Manitowoc County for the murder of Teresa Halbach.

Another fact that isn’t mentioned in the series, however, is that Avery has two brothers who share mitochondrial DNA with Steven. This means that the DNA under the hood of the car could possibly be Steven's DNA, but it could also be one of Steven’s brother’s DNA as well. Also not discussed in the documentary is that there was a dispute between the family in regards to who was going to inherit the family business and land. The defense argues that Halbach's bones were moved to Avery's yard. This establishes a possible motive in that Avery's brothers could be attempting to set him up. Finally, the prosecution and many Avery critics argue that Steven was a lifetime criminal even if he was found innocent of raping Penny Beernsten. People argue that Avery had a violent background because he was found guilty of lighting his family cat on fire and killing it. However, what the series fails to mention is that both of Avery’s brothers have had a history of sexual crimes as well.

Recently, people have taken to signing petitions calling for the release of Steven Avery. Many feel that Avery was not given a fair trial, and that he really was set up by the police. Here’s my take on the whole thing.

There is a lot of evidence to sift through. I have watched the whole series on Netflix, and I have also done a lot of research on my own. The truth of the matter is that only two parties will know exactly what happened to Teresa Halbach. One of those being whoever murdered her, and the other being Teresa Haibach herself. Unfortunately, this means that we will never know for certain exactly what happened to her.

Steven Avery vehemently claims that he did not commit this crime even though there’s a substantial amount of evidence that would lead you to believe he did. Avery claims that Manitowoc County is framing him, and I don’t necessarily disagree. The fact that Avery’s blood vial from his old case file appears to have been tampered with is very concerning. Even though traces of a chemical used to preserve blood samples were not apparent in the samples found in Halbach’s car, it’s quite possible someone could have planted that evidence in an attempt to frame Avery.

Furthermore, Manitowoc county was not supposed to be involved in the investigation because they had a conflict of interest regarding the ongoing lawsuit between the county and Avery. Ironically, both the blood found in the victim’s car, and her car key found in Avery’s trailer were both found by Manitowoc County police officers who shouldn't have been there in the first place. The key was also found in the trailer days after it had already been thoroughly searched by investigators.

Finally, and in my opinion, one of the most troubling aspects of this case is that no blood and none of Teresa’s DNA was found in Steven Avery’s trailer. According to Avery’s nephew and supposed accomplice, they slit her throat and then shot her in the head. Yet officers found no blood anywhere in Avery’s trailer. They even removed chunks of concrete from his garage. Some claim that Avery could have bleached his garage, but Avery’s DNA was found in the garage and the bleach would have destroyed that too. In addition to this, it would have been nearly impossible to clean up the amount of blood splatter that would have occurred without leaving any trace evidence behind.

That being said, Halbach’s bones were found in Avery’s outside fire pit along with her camera, her cellphone, and her jean fragments. Halbach's car, which had her blood in the trunk, was found on the Avery property seemingly buried under branches and other debris. Avery and Halbach apparently had a history in that Halbach had mentioned feeling uncomfortable around Avery. Most importantly, Avery’s nephew, Brendan Dassey confessed to helping his uncle rape and murder Ms. Halbach. He later recanted this confession, and there are claims that his confession was coerced.

Halbach was brutally murdered, and based on what I know, I would argue that she was probably murdered somewhere on the Avery property. However, based on my knowledge of the case, I would also argue that if I were a juror I personally would not have been able to convict Avery beyond a reasonable doubt. Granted, I was not a juror, and I’m sure there is information I'm not aware of in regards to this case. As I stated before this is based on the research I have done, and what I’ve been able to find out about this case. That being said, I also don’t want to sign the petition to release Avery because I cannot be one hundred percent sure that he didn’t commit the crime he is convicted of. I don’t think we should be playing judge and jury based on an obviously biased documentary without knowing all of the pertinent details, and release a man who could potentially be a violent murderer.

Many people argue that we should place our faith in the justice system. They argue that there is a reason he is behind bars. Why should we ask Steven Avery and ourselves to place faith in the same justice system that found him guilty in 1985 for a crime that he most certainly didn’t commit. Rather than signing a petition asking for Steven Avery’s release, I think we should be signing petitions asking for Steven Avery’s retrial. Steven Avery deserves a second trial with a jury, and a judge that is outside of Manitowoc County. Plus, if he really is guilty, and we really should be putting our faith in the justice system, wouldn’t he in theory be found guilty again if he actually committed the crime? Lastly, I think we all need to take a moment to think about the Halbach family. In their hearts and minds, Avery committed this crime and took their loved one away from them. Reliving this over and over again cannot be easy for them. It’s time to put this to rest one way or another.

So before you sign any petitions, and before you make up your mind, do your research. Really think about the ramifications of your actions. Think about all parties involved. Ask yourself if releasing a man who may have murdered someone, or if letting a potentially innocent man sit in jail for the rest of his life is something you can live with. Know that no matter what your opinion is, we will never know for sure exactly what happened. In the end, your opinion really is just an opinion on the matter and nothing more.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
the beatles
Wikipedia Commons

For as long as I can remember, I have been listening to The Beatles. Every year, my mom would appropriately blast “Birthday” on anyone’s birthday. I knew all of the words to “Back In The U.S.S.R” by the time I was 5 (Even though I had no idea what or where the U.S.S.R was). I grew up with John, Paul, George, and Ringo instead Justin, JC, Joey, Chris and Lance (I had to google N*SYNC to remember their names). The highlight of my short life was Paul McCartney in concert twice. I’m not someone to “fangirl” but those days I fangirled hard. The music of The Beatles has gotten me through everything. Their songs have brought me more joy, peace, and comfort. I can listen to them in any situation and find what I need. Here are the best lyrics from The Beatles for every and any occasion.

Keep Reading...Show less
Being Invisible The Best Super Power

The best superpower ever? Being invisible of course. Imagine just being able to go from seen to unseen on a dime. Who wouldn't want to have the opportunity to be invisible? Superman and Batman have nothing on being invisible with their superhero abilities. Here are some things that you could do while being invisible, because being invisible can benefit your social life too.

Keep Reading...Show less
Featured

19 Lessons I'll Never Forget from Growing Up In a Small Town

There have been many lessons learned.

71460
houses under green sky
Photo by Alev Takil on Unsplash

Small towns certainly have their pros and cons. Many people who grow up in small towns find themselves counting the days until they get to escape their roots and plant new ones in bigger, "better" places. And that's fine. I'd be lying if I said I hadn't thought those same thoughts before too. We all have, but they say it's important to remember where you came from. When I think about where I come from, I can't help having an overwhelming feeling of gratitude for my roots. Being from a small town has taught me so many important lessons that I will carry with me for the rest of my life.

Keep Reading...Show less
​a woman sitting at a table having a coffee
nappy.co

I can't say "thank you" enough to express how grateful I am for you coming into my life. You have made such a huge impact on my life. I would not be the person I am today without you and I know that you will keep inspiring me to become an even better version of myself.

Keep Reading...Show less
Student Life

Waitlisted for a College Class? Here's What to Do!

Dealing with the inevitable realities of college life.

133485
college students waiting in a long line in the hallway
StableDiffusion

Course registration at college can be a big hassle and is almost never talked about. Classes you want to take fill up before you get a chance to register. You might change your mind about a class you want to take and must struggle to find another class to fit in the same time period. You also have to make sure no classes clash by time. Like I said, it's a big hassle.

This semester, I was waitlisted for two classes. Most people in this situation, especially first years, freak out because they don't know what to do. Here is what you should do when this happens.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments