‘Making a Murderer’ Part 2: Here’s What Happened Since Part 1 Premiered

Dozens of excellent documentaries are released each year, but only a select few rise above the tide to become part of mainstream pop culture. Netflix’s Making a Murderer was more than just one of those documentaries. It reinvigorated the true crime genre while creating a national phenomenon. Released in December of 2015, the 10-episode docu-series quickly became a word-of-mouth hit, prompting many of its obsessive fans to be living room sleuths. Now roughly three years later directors Laura Ricciardi and Moira Demos are back with another installment of the immensely popular docu-series.

In case you need a refresher, Making a Murderer Part 1 revolved around the cases of Steven Avery and Brendan Dassey. In 1985 the Manitowoc county resident Steven Avery was tried and convicted for the rape and attempted murder of a woman. Eighteen years after that conviction, Avery was found innocent, and his conviction was overturned. However he was far from finished with the legal system. In 2005, less than two years after his original conviction was overturned, Avery was arrested for the rape and murder of photographer Teresa Halbach.

Avery’s nephew, Brendan Dassey, was also arrested for the crime. Both Avery and Dassey were eventually sentenced to life in prison. Part 1 of the docu-series covers the trials of both Avery and Dassey while primarily focusing on Avery’s defense team, who made the case that he was framed for the crime. If you need a refresher, we’ve covered the details of the original trial thoroughly before.

But Making a Murderer Part 2 focuses on something less shocking and more draining than the original trial �� the appeals process. The 10-episode sequel sorts through exactly what new developments have happened in Dassey’s case, what Avery’s new lawyer has uncovered, and exactly how the release of the all-encompassing Making a Murderer has changed these convicts’ lives. If Part 1 revolved around the shock of the trial, Part 2 is about the exhausting hows and whys of our legal system.

This docu-series has always been incredibly dense, largely due to its fly-on-the-wall approach to its cases. As a casual viewer, it can be hard to keep up with what was happening before Making a Murderer premiered and what new developments are important. That’s where we come in. Consider this your guide to what you need to remember before jumping into Making a Murderer Part 2. This is far from a complete understanding of every important detail in this dense story, but it should serve as somewhat of a cheat sheet.

Avery And Dassey Before Making A Murderer‘s Premiere

Because Netflix introduced the public to this case in 2015, it’s easy to forget that Avery and Dassey’s convictions were nothing new. Avery’s case lasted a bit longer than Dassey’s, likely due to his previous incarceration. In 1985 Avery was convicted of the rape and attempted murder of a woman named Penny Beerntsen. After serving 18 years in prison, his conviction was overturned. This ruling happened in 2003. In 2005 Avery was then arrested for the rape and murder of Teresa Halbach. His trial began on February 9, 2007 and included 19 days of testimony. On March 18, 2007 Avery was found guilty of intentional homicide and being a felon in possession of a firearm, but he was acquitted of mutilation of a corpse. He was given a life sentence without the possibility of parole for this conviction.

Brendan Dassey’s trial took place on April 16, 2007 and lasted nine days. He was found guilty of first-degree intentional homicide, rape and mutilation of a corpse and sentenced to life in prison. Dassey was 16 at the time of Halbach’s murder and will be eligible for parole in 2048.

Between their sentencing and the premiere of Making a Murderer, both Avery and Dassey fought their convictions, though neither was particularly successful. In 2011 a state appeals court denied Avery his petition for a new trial. Avery faced denial again in 2013 by the Wisconsin Supreme Court. That time the court denied a motion to review the ruling. During this time Avery was largely representing himself.

Dassey had a bit more help thanks to his legal team. In January of 2010, a motion for a retrial was filed on his behalf, which was denied by the end of the year. The ruling to deny a retrial was upheld in 2013 by the Wisconsin Court of Appeals. For the purposes of Making a Murderer Part 2 it’s important to keep in mind that both Avery and Dassey have been fighting their convictions since they were sentenced. It’s only after the premiere of the docu-series that changes have started to happen.

Making A Murderer‘s Premiere, And Rise To Popularity

Netflix released the first 10-episode series on December 18, 2015, ingeniously dropping the series right before the holiday season. By Christmas week and New Year’s, the series had become a word-of-mouth hit. Celebrities such as Alec Baldwin, Gigi Hadid, and even Kim Kardashian were passionate fans of the series.

But Making a Murderer‘s popularity had more of an impact than merely providing social media fodder. A Change.org petition was created on Avery’s behalf asking for the President of the United States to pardon him — something that is legally impossible. The series also spanned countless fan theories and online investigations from invested Netflix subscribers. During late December and early January of this time period, it wasn’t uncommon to hear Avery, Dassey, Ricciardi, and Demos mentioned on local and national news coverage.

Making A Murderer‘s Backlash

As the docu-series became more and more popular, it also started to gain its share of skeptics. Notably Ken Kratz, the prosecuting attorney in Avery’s trial, called out the docu-series for allegedly presenting an unbalanced view of the cases in question. He even wrote a book about it. But it wasn’t just members of the prosecution and the state that started to have problems with the series. It was a subset of viewers as well.

Most of the backlash to this series revolves around claims of missing evidence. Making a Murderer didn’t address how Avery’s sweat was found under the hood of Halbach’s car, and some claim it glossed over the relationship between Avery and Halbach. Though the defense implies the two were little more than strangers to one another, it was later revealed that Halbach was the primary photographer of Auto Trader, a company Avery worked with often. He even called her several times on the believed day of her murder and allegedly met her once while just wearing a towel.

Also prior to his incarceration, Avery did not have a spotless legal record. He once abused a cat, had sexual assault charges from ex-fiancés that were later dropped, and allegedly told another inmate that he wanted to build a “torture chamber.” There were also allegations that Avery sexually abused his nephew, Brendan Dassey.

Ricciardi and Demos have said that they left out certain pieces of evidence because they weren’t important during the trial. Also, Avery’s lawyers, Jerry Buting and Dean Strang, have said that Making a Murderer is a fair representation of the trial. However, these loose ends led some fans to question the authenticity of the docu-series.

Changes To Steven Avery’s Case After Making A Murderer

The biggest change Avery has seen since the premiere of the docu-series has to do with his representation. Shortly after Making a Murderer dropped, Kathleen Zellner took over Avery’s case. Zellner is a well-known attorney who specializes in wrongful conviction advocacy. Since starting her law firm in 1991, Zellner has been responsible for the exonerations of 19 wrongfully convicted men.

Since Zellner has started representing him, Avery’s case has moved forward a fair amount. In August of 2016 she filed a motion for post-conviction scientific testing which was granted. Roughly a year later in June of 2017, Zellner filed a 1,272-page post conviction motion. The documents cited ineffective assistance of counsel and Brady violations and included new evidence. The document also levied prosecution violations against Ken Kratz. Despite that document, Avery’s motion for a new trial was denied in October of 2017.

On a more personal note, Avery was also briefly engaged while he was in prison to a 53-year-old legal secretary named Lynn Hartman. The engagement lasted until Hartman gave an interview on Dr. Phil that caused her to question her relationship with Avery. The two separated shortly after. At the moment, Steven Avery is still in prison.

Changes To Brendan Dassey’s Case After Making A Murderer

Avery’s case may not have changed much since the premiere of the docu-series, but Dassey’s has. In December of 2015, at the same time the docu-series premiered on Netflix, Dassey’s attorneys filed a writ of habeas corpus in federal district court, stating that Dassey’s constitutional right had been violated thank to an ineffective assistance of counsel and a coerced confession. A few months later in August of 2016, a judge ruled in favor of Dassey, stating that the confession had been coerced. Dassey’s request for a release or retrial was challenged by the Wisconsin Justice Department in November of 2016.

Things were looking up for Dassey. Almost a year later in June of 2017, a three-judge panel of the Seventh Circuit upheld the decision to overturn Dassey’s conviction. But the Wisconsin Justice Department fought back, asking the case to be heard by the entire Seventh Panel Circuit.

That’s when Dassey’s hope of release evaporated. The Seventh Circuit voted to uphold Dassy’s original conviction with a vote of four to three.

Dassey’s legal team has also filed another petition that’s been denied. In February of 2018 a petition for a writ of certiorari was sent to the United States Supreme Court. In June of 2018, that was denied. At the moment, Brendan Dassey is still in prison.

Watch Making a Murderer on Netflix