People protest at pro-Steven Avery rally in Manitowoc USA TODAY NETWORK-Wisconsin
To its many admirers, “Making a Murderer” is a master stroke of filmmaking genius that exposed serious flaws in the criminal justice system that convicted Steven Avery of murdering Teresa Halbach.
But to its detractors, it is a one-sided TV show that has unnecessarily opened old wounds and subjected law enforcement officials and an entire community to undeserved scrutiny and ridicule.
Regardless of whether you love or hate the Netflix series, there’s no disputing that its impact has been far-reaching, long-lasting and intense.
“It is one-sided and very biased,” said Manitowoc County Sheriff Robert Hermann. “It has created a lot of problems and shed a negative light on Manitowoc and law enforcement in general — which is totally wrong.”
Laura Nirider, an attorney at the Bluhm Legal Clinic at the Northwestern University School of Law in Illinois, said “Making a Murderer” has raised fundamental questions about the fairness of the criminal justice system.
“I’ve seen nothing like this before,” Nirider, an attorney representing Avery’s nephew, Brendan Dassey, said of the response to the docu-series. Dassey’s appeal argues that his confession to assisting in Halbach’s murder was coerced by detectives and that his pretrial attorney wasn’t looking out for his best interests.
“It’s showing people that the criminal justice system can be not fair for people accused of crimes,” she said. “It’s not a level playing field.”
“Making a Murderer” has not only put Avery’s case in the international spotlight and prompted a high-powered attorney to handle his appeal, it has:
- Been a rallying cry for wrongful conviction centers and innocence projects across the U.S.
- Given considerable attention to the appeal of Dassey, whose case is awaiting a ruling by a U.S. magistrate judge based in Milwaukee.
- Focused attention on false confessions and interrogation of juveniles.
- Generated calls in some states for laws preventing underage suspects from being questioned without an attorney or parent present.
- Highlighted the ever-increasing number of exonerations in the U.S.
- Stirred a national debate on the quality of legal representation that poor or indigent defendants receive.
- Led some law school professors and criminal justice instructors to include the docu-series as an instructional tool.
- Made near-instant celebrities out of Avery's defense attorneys.
- Made near-instant villains out of Manitowoc County investigators.
“Making a Murderer” also made a villain out of Appleton attorney Len Kachinsky, who represented Dassey for a short time before being removed by a judge for allowing the then-16-year-old to be interviewed by investigators without legal representation.
Kachinsky said he was taken aback by the harassment and hate-filled comments directed at him following the release of the docu-series. He took considerable heat on social media, received numerous phone calls at all times of the day and night, and watched helplessly as the Facebook page for his law office was filled with “hateful stuff.”
“I was just surprised that anybody would do that based on a movie,” Kachinsky said.
Kachinsky said “Making a Murderer” has also made some people “mistrust the criminal justice system without any justification.”
He disregards the theory that evidence was planted by investigators in the Avery case, and thinks Dassey’s confession to aiding in Halbach’s death wasn’t coerced by detectives.
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“It was a well-done documentary in terms of provoking an emotional reaction,” Kachinsky said.
Hermann, the Manitowoc County sheriff, said viewers “jumped to conclusions” about the Avery investigation from watching the Netflix series.
Nirider, Dassey’s attorney, said “Making a Murderer” wasn’t embellished. Viewers were able to see videos of Dassey, then 16, being interviewed by detectives, she said.
“When people saw ‘Making a Murderer,” they saw something that was incredibly troubling,” Nirider said, adding that Dassey was “steamrolled” by detectives.
“I think this happens every day in cities across America,” Nirider said of false confessions. “I’m glad people’s eyes are being opened.”
A sequel to “Making a Murderer” may be coming down the road, according to the filmmakers.
Andy Thompson: 920-996-7270 or awthompson@postcrescent.com; on Twitter @Thompson_AW
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