'Making a Murderer' prosecutor emails us 9 reasons Steven Avery is guilty

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Ken Kratz details to TheWrap key evidence he says was left out of Netflix docu-series

Since "Making a Murderer" made him famous last month, former Wisconsin prosecutor Ken Kratz hasn't been shy about defending his work in the 2005 murder prosecution of Steven Avery and Brendan Dassey. On Monday, TheWrap reached out to him about suggestions in the Netflix docu-series that his office railroaded two innocent defendants.

In an email to TheWrap on Monday, Kratz strongly rejects the criticisms, saying the documentary series got it wrong.

The email concludes with Kratz saying 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."

See more from the high-profile trial:

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Steven Avery's trial from "Making a Murderer"
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'Making a Murderer' prosecutor emails us 9 reasons Steven Avery is guilty
Steven Avery looks around a courtroom in the Calumet County Courthouse before the verdict was read in his trial, March 18, 2007, in Chilton, Wis. Avery was found guilty of first-degree intentional homicide in the murder of photographer Teresa Halbach. Avery, who spent 18 years in prison for a rape he didn't commit only to be convicted of committing a murder 3½ years after he left prison, said Tuesday, April 17, 2007, he is confident he will again be exonerated. (AP Photo/Jeffrey Phelps, Pool, File)
This March 2007 file photo shows Calumet County District Attorney Kenneth Kratz giving his closing argument in the Steven Avery trial in the courtroom in Chilton, Wis. Police say Kratz sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend. (AP Photo/Morry Gash, File)
Karen Halbach, mother of Teresa Halbach, listens Tuesday, April 24, 2007, to testimony in the Brendan Dassey trial in Manitowoc, Wis. Dassey, 17, is charged with first-degree intentional homicide, mutilating a corpse and first-degree sexual assault in the death of 25-year-old Teresa Halbach on Oct. 31, 2005. His uncle, Steven Avery, 44, was convicted last month in Halbach's murder and is to be sentenced to mandatory life in prison in June. (AP Photo/Bruce Halmo, Pool)
Karen Halbach talks to the jury about her slain daughter, Teresa Halbach, during the trial of Brendan Dassey, Monday, April 16, 2007, at the Manitowoc County Courthouse in Manitowoc, Wis. Dassey, 17, is charged with first-degree intentional homicide, mutilating a corpse and first-degree sexual assault in the death of 25-year-old Teresa Halbach on Oct. 31, 2005. His uncle, Steven Avery, 44, was found guilty of her murder last month. (AP Photo/Dan Powers, Pool)
Tom Halbach, father of Teresa Halbach waits in the courtroom for the verdict in the Steven Avery Trial Calumet County Courthouse Sunday, March 18, 2007, in Chilton, Wis. Avery was found guilty of first degree intentional homicide in the murder of photographer Teresa Halbach, 25, on Oct. 31, 2005 near the family's auto salvage lot in rural Manitowoc County. (AP Photo/Patrick Ferron, Pool)
Sgt. Mark Wiegert with the Calumet Sheriff Department, testifies during Steven Avery's trial on Wednesday, March 7, 2007, at the Calumet County Courthouse in Chilton, Wis. Avery, 44, and his 17-year-old nephew are accused of murdering 25-year-old photographer Teresa Halbach and burning her body on Halloween 2005. The nephew, Brendan Dassey, is scheduled for trial in April. (AP Photo/Evan Siegle, Pool)
Steven Avery's attorney Dean Strang points to a photo showing a CD case that contained blood stains in Teresa Halbach's vehicle while questioning Nick Stahlke, a blood spatter expert with the Wisconsin Crime Laboratory during testimony in Avery's murder trial Tuesday, Feb. 27, 2007, in Chilton, Wis. Avery is accused of killing Teresa Halbach, 25, after she went to the family's rural salvage lot to photograph a minivan they had for sale. (AP Photo/Bruce Halmo, Pool)
Blaine Dassey, Steven Avery's nephew and the brother of Brendan Dassey testifies Tuesday, Feb. 27, 2007, during Avery's murder trial in Chilton, Wis. Avery is accused of killing Teresa Halbach, 25, after she went to the family's rural salvage lot to photograph a minivan they had for sale. (AP Photo/Bruce Halmo, Pool)
Manitowoc County Circuit Judge Patrick Willis listens to Steven Avery's attorney Dean Strang argue a point during Avery's murder trial Tuesday, Feb. 27, 2007, in Chilton, Wis. Avery is accused, along with his 17-year-old nephew, of killing Teresa Halbach, 25, after she went to the family's rural salvage lot to photograph a minivan they had for sale. (AP Photo/Bruce Halmo, Pool)
Marc LeBeau, unit chief of the FBI's chemistry unit, testifies in the Steven Avery homicide trial Monday, March 5, 2007, at the Calumet County Courthouse in Chilton, Wis. Avery is accused, along with his 17-year-old nephew, of killing Teresa Halbach, 25, after she went to the family's rural salvage lot to photograph a minivan they had for sale. (AP Photo/Mike De Sisti, Pool)
Steven Avery, left, exits the courtroom after closing arguments in his trial, Thursday, March 15, 2007 at the Calumet County Courthouse in Chilton, Wis. Avery is accused, along with his 17-year-old nephew, of killing Teresa Halbach, 25, after she went to the family's rural salvage lot to photograph a minivan they had for sale. (AP Photo/Dwight Nale, Pool)
Calumet County District Attorney Ken Kratz answers a question after the murder trial of Steven Avery Sunday, March 18, 2007, in Chilton, Wis. Avery was found guilty of first degree intentional homicide in the murder of photographer Teresa Halbach, 25, on Oct. 31, 2005 near the family's auto salvage lot in rural Manitowoc County. (AP Photo/Jeff Phelps, Pool)
The hands of Tom Halbach, father of Teresa Halbach, are shown as he waits for the verdict in the Steven Avery murder trial in the Calumet County Courthouse Sunday, March 18, 2007, in Chilton, Wis. Avery was found guilty of first degree intentional homicide in the murder of photographer Teresa Halbach, 25, on Oct. 31, 2005 near the family's auto salvage lot in rural Manitowoc County. (AP Photo/Patrick Ferron, Pool)
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Here is his email to us, in its entirety. It begins with the Calumet County district attorney responding to our question about whether he believed the docu-series left out any evidence:

Examples for you to consider:

1. Avery's past incident with a cat was not "goofing around". He soaked his cat in gasoline or oil, and put it on a fire to watch it suffer.

2. Avery targeted Teresa. On Oct 31 (8:12 am) he called AutoTrader magazine and asked them to send "that same girl who was here last time." On Oct 10, Teresa had been to the Avery property when Steve answered the door just wearing a towel. She said she would not go back because she was scared of him (obviously). Avery used a fake name and fake # (his sister's) giving those to the AutoTrader receptionist, to trick Teresa into coming.

3. Teresa's phone, camera and PDA were found 20 ft from Avery's door, burned in his barrel. Why did the documentary not tell the viewers the contents of her purse were in his burn barrel, just north of the front door of his trailer?

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4. While in prison, Avery told another inmate of his intent to build a "torture chamber" so he could rape, torture and kill young women when he was released. He even drew a diagram. Another inmate was told by Avery that the way to get rid of a body is to "burn it"...heat destroys DNA.

5. The victim's bones in the firepit were "intertwined" with the steel belts, left over from the car tires Avery threw on the fire to burn, as described by Dassey. That WAS where her bones were burned! Suggesting that some human bones found elsewhere (never identified as Teresa's) were from this murder was NEVER established.

6. Also found in the fire pit was Teresa's tooth (ID'd through dental records), a rivet from the "Daisy Fuentes" jeans she was wearing that day, and the tools used by Avery to chop up her bones during the fire.

Also Read: 'Making a Murderer' Filmmakers Fire Back at Prosecutor: 'He's Not Entitled to His Own Facts'

7. Phone records show 3 calls from Avery to Teresa's cell phone on Oct 31. One at 2:24, and one at 2:35–both calls Avery uses the *67 feature so Teresa doesn't know it him...both placed before she arrives. Then one last call at 4:35 pm, without the *67 feature. Avery first believes he can simply say she never showed up (his original defense), so tries to establish the alibi call after she's already been there, hence the 4:35 call. She will never answer of course, so he doesn't need the *67 feature for that last call.

8. Avery's DNA (not blood) was on the victim's hood latch (under her hood in her hidden SUV). The SUV was at the crime lab since 11/5...how did his DNA get under the hood if Avery never touched her car? Do the cops have a vial of Avery's sweat to "plant" under the hood?

9. Ballistics said the bullet found in the garage was fired by Avery's rifle, which was in a police evidence locker since 11/6...if the cops planted the bullet, how did they get one fired from HIS gun? This rifle, hanging over Aver's bed, is the source of the bullet found in the garage, with Teresa's DNA on it. The bullet had to be fired BEFORE 11/5—did the cops borrow his gun, fire a bullet, recover the bullet before planting the SUV, then hang on to the bullet for 4 months in case they need to plant it 4 months later???

Also Read: 'Making a Murderer': 5 Theories for Steven Avery's Innocence

There is more of course. But I'm not a DA anymore. I have no duty to show what nonsense the "planting" defense is, or why the documentary makers didn't provide these uncontested facts to the audience. You see, these facts are inconsistent with the claim that these men were framed—you don't want to muddy up a perfectly good conspiracy movie with what actually happened, and certainly not provide the audience with the EVIDENCE the jury considered to reject that claim.

Finally, I engaged in deplorable behavior, sending suggestive text messages to a crime victim in Oct 2009. I reported myself to the OLR. My law license was thereafter suspended for 4 months. I have withstood a boat-load of other consequences as a result of that behavior, including loss of my prosecution career. However, I've enjoyed sobriety from prescription drug use for over 5 years now, and refuse to be defined by that dark time of my life. All of this occurred years after the Avery case was concluded...I'm unclear why the defense-created documentary chose to include this unpleasantness in this movie, especially if the filmmakers had no agenda to cast me as a villain. I am not a victim in that whole texting scandal—then again, it's exceedingly unfair to use that to characterize me as morally unfit.

To identify Lt. Lenk, Sgt. Colburn and myself as being "responsible" for the framing and knowing false murder conviction of Steven Avery is irresponsible, and inconsistent with a consideration of all the evidence presented. 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.

Thanks for your consideration.

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