Avery prosecutor not happy with portrayal in doc

Posted at 9:20 PM, Jan 07, 2016
and last updated 2016-01-08 14:59:41-05

The prosecutor in the Steven Avery case says the filmmakers of "Making a Murderer" have made him out to be a villain who is part of a conspiracy to frame Avery.

"The documentary even goes as far as to say Mr. Kratz is ‘responsible,’ and that's a word they use," Ken Kratz says.

Ken Kratz, the lead prosecutor in the Avery trial, says if you've watched Making a Murderer and are petitioning for the release of Avery, you've been spoon-fed by the filmmakers to conclude Avery is innocent.

Kratz is turning the tables around. In a phone interview with TODAY'S TMJ4, he said he's not the one to blame for Avery's incarceration. Viewers of the hit series, he says, didn't get to make up their own minds.

“They want the viewers to conclude that Mr. Avery is innocent or that he was the product of some conspiracy,” said Kratz.

Kratz says filmmakers achieve that by omitting close to ten pieces of evidence that were key in disproving the theory that evidence was planted by the Manitowoc County Sheriff's Office.

"So the fact that there is DNA under the victim's hood is not explainable. And because it's inconsistent with the narrative of the documentary of the ‘defense’ generated documentary - that is that Steven Avery was the victim of some conspiracy….and because it was inconsistent it was not included.”

As for the latest revelations that jurors compromised over votes, Kratz calls that nonsense. He points out that other jurors have gone on the record to claim that was not true. What about the fact that one of the jurors had a son who worked as a Manitowoc County Sheriff's Department supervisor at the jail?

"The question is whether that juror can be deliberative, whether they can set whatever relationships that they may have aside and decide the case solely on the evidence as presented,” said Kratz. 

Kratz is no longer a prosecutor.  He works as a defense attorney. He told me no matter how many petitions there are, only new evidence can give Avery a new trial.

“You already know that Governor Walker who would make the decision on any kind of executive clemency has already publicly said Steven Avery will not be pardoned,” added Kratz.

Kratz also tells me this series has really disrupted his private practice, he also says including a "sexting scandal" he had with a crime victim was unfair because it happened three years after the trial.