Having watched all ten episodes of Making a Murderer, I think that Steven Avery is probably guilty. That’s probably not what the filmmakers, Laura Ricciardi and Moira Demos, wanted me to think, and indeed the series was criticised for a perceived bias towards Avery’s defence. In a debate on the Liz Loves Books blog, which I recommend to anyone wanting to drill down into the rights and wrongs of the Avery case, ex prosecutor Neil White identifies ‘an imbalance in how the evidence was presented, slanted entirely towards the defence case, relying mainly on the insights of the Avery family and of Steven Avery’s lawyers.’ In an email to The Wrap, special prosecutor Kenneth R Kratz echoed this, and said Netflix should ‘either provide an opportunity for rebuttal, or alert the viewers that this series was produced by and FOR the defense of Steven Avery, and contains only the opinion and theory of the defense team.’
Kratz and Avery strike a chord. Avery pretty much owns Making a Murderer. The victim in the case, Teresa Halbach, is just a cipher, a face on the screen. We don’t see the prosecution team or the police apart from when they speak in court (and Kratz in particular comes off as a pompous bore with a silly high voice). However I don’t believe documentary makers have a duty to be completely impartial. A commitment towards some meaningless idea of ‘balance’ can strangle as many truths as it reveals, as many frustrated TV reporters can attest. I personally think Ricciardi and Demos could have widened the scope of the series, following police, prosecution and defence teams as the case unfolded, and leaving it up to the audience to judge Steven Avery guilty of murder or not. But in this case, the trial is done, the verdict reached, the filmmakers have no obligation to present a ‘balanced view’ and there may be practical reasons why they couldn’t do so.
Just as unfair is the condescension of the British viewer. In all the discussions I’ve heard about the show, the big theme has been ‘This is what happens when you’re poor and white with a low IQ in America’. Well, it’s not easy in this country either. There is almost no injustice in the US criminal system that isn’t replicated over here. Wrongful convictions? Ask the Guildford Four, Birmingham Six, Stefan Kiszko, Tony Stock and countless others railroaded by UK police and courts. On the dodgy confession that convicted Brendan Dassey, Neil White says that ‘Thankfully, the rights of young people are much better protected here and the police would not have conducted themselves in that way in the UK.’ But the recent G4S scandal doesn’t inspire confidence in our criminal justice system’s treatment of children. The obvious exception is the death penalty, but even here, numerous US states have abolished capital punishment in recent years, with executions at a 24-year low. The US never did mass execution on the scale of China and Iran and it seems that America could lose the death penalty altogether within our lifetime. Meanwhile I suspect that if the UK held a referendum on capital punishment today it would pass tomorrow and the gallows would be up and running by the weekend. Can’t happen here? Don’t be so sure.
Making a Murderer may be biased, but it’s not condescending. Steven Avery is depicted as humane and courageous but no martyr. The Avery family’s dignity and resilience, as they lose their son to prison, is heartbreaking and inspiring. The style is forensic, but with a warmth and humanity that stays with you, particularly in its treatment of the truly tragic Brendan Dassey story. I personally have no idea how I would have voted had I been on the Wisconsin jury. As I’ve said, I think Avery is probably guilty, but ‘probably’ is not good enough reason to take away a man’s liberty.
Having said this, it strikes me that, to believe in Steven Avery’s innocence, you also have to believe in one of the following propositions:
1) To avoid a $36m lawsuit, the Manitowoc County PD located and moved Teresa Halbach’s remains to the Avery salvage yard during the 8-day search of the Avery compound. The FBI agreed to perjure itself on behalf of the notorious and compromised small town department. This despite the fact that in all probability the ‘real killer’ would almost certainly turn up somewhere in the prison system bragging about the Halbach murder, and the murder conviction would fall apart as had the Avery rape conviction, leading to more financial penalty and reputational damage for the Manitowoc County PD.
2) The ‘real killer’ either killed Teresa Halbach on the Avery salvage yard or moved her remains to the yard without the knowledge of Avery or any of his relatives, girlfriend or visitors to the yard, and without leaving any forensic traces whatsoever.
I could be wrong – I don’t have a law, law enforcement or forensics background – but it seems to me that, as talented as Avery’s advocates were, they had a choice between police conspiracy or one armed bandit as defence arguments. Both of these are very difficult to get past a jury and because of this they lost the case and Avery was convicted. The 1985 rape conviction was a tragedy and an injustice but it doesn’t axiomatically make Avery innocent of the Halbach murder. Real life isn’t The Shawshank Redemption. It’s more like Oz. Complexity beats innocence, every time.
I don’t think Making a Murderer will spring Avery, if that was the intention of the filmmakers. Its success is in its depiction of the impact of crime – not just on the victim but on the perpetrator, the perpetrator’s family, the cops, the lawyers, the jury and everyone else sucked into the case. All this with excellent wide-sweep cinematography of the Wisconsin landscape – radio towers, endless winding roads, cows in paddocks, and the Avery salvage yard: rows and rows of cars, in various stages of repair, open chassis, crushers and combines and skeletons of machinery, half-buried under snow or glinting in the afternoon sun. It strikes me as a good metaphor for what criminal justice so often is for the innocent and the guilty alike – a human junkyard, full of the innards and remains of problematic mortal existence.