Transcripts For FOXNEWSW The Kelly File 20160106

But others stayed behind to secure the damaged helicopter, similar to this one, and that is where they remine right now. Surrounded we are told by enemy forces. In a province that saw some of the bloodiest fighting of the entire Afghanistan War and became the topic of an entire hbo documentary. In fact, many of the nearly 400 marines who gave their lives in afghanistan died in this very place. In moments well be joined by three Afghanistan War veterans, including a former navy s. E. A. L. Who has taken part in operations like this. Remember, the administration has told us there is no combat operation in afghanistan anymore. But we begin tonight with Trace Gallagher, covering the breaking news from our west coast newsroom. Trace . Megyn, not even the pentagon has all the details of the what is happening on the ground in afghanistan, but they know a group of u. S. Special Operations Forces are trapped in a compound, surrounded by the taliban. And the fight is ongoing. Its happening in marjah, a town in the very volatile helmund province. Marjah was controlled by the taliban for most of the war. Then at a very heavy cost to u. S. Marines, it was retaken by u. S. Forces in 2010. Now the taliban appears to have regained control. Todays special ops mission was an effort to push back the taliban. But u. S. Forces came under fire. One soldier was killed, two others wounded. Two hh60 pave helicopters were sent to evacuate the soldiers, but one of the choppers hit the wall of a compound and was damaged. The other was waved off after heavy ground fire. Now at least a dozen special ops forces have stayed behind to secure the damaged chopper, an ac130 gunship has been called in to provide air cover, as u. S. Troops wait out the night. A u. S. Official tells fox news the situation is, quote, harrowing, saying, again, quoting, on the map, there is one green dot representing Friendly Forces stuck in the compound. And around it is a sea of red, representing hostile forces. Listen now to the pentagon. And there has been an effort once again, as i mentioned before, to make sure that everything is being done to secure the safety of those americans and the Afghan Forces that they were accompanying. And we should note a number of Afghan Forces were also injured in todays battle as well. Megyn . Trace, thank you. Joining me now with more lieutenant kernel tony shafer who served two combat tours in afghanistan and is author of operation dark heart. Pete hex seth is an Afghanistan War veteran and a fox news contributor. And brandon webb is a former navy s. E. A. L. And founder of the veteranrun news sight soft reps. Com. Let me start with you on what youre hearing is the latest. The situation seemed to be earlier we thought the troops were out of harms way, and now it appears that is not true. The word ive got is yes, they are now out. This has been going on essentially for the past six hours. And my word is the word i just received from the pentagon sources i have is our guys are out, thank goodness. It doesnt say that the situation is stabilized. This area, marjah is the meeting engagement right now, megyn, regarding the current war. This is essentially ground zero for the drug war. And whoever gains control of this region becomes the arbiter of another economic center. So this is no small issue. At the same time, we are now working with the Afghan Government to reconcile and bring a conclusion to the war by bringing the taliban into the political process, essentially negotiating peace. With that said, what is happening, simply put, we have about 10,000 troops now ongoing. Trace alluded to the marjah operation to take this in 2010. It took 15,000 troops, 15,000 troops to take marjah. Now were trying to fight the entire country with 10. There seems to be, you guys tell me, but there seems to be a denial of reality. Yes. Today the pentagon, as we have over a dozen guy theres surrounded by the enemy. Our producer asked the pentagon spokesperson it kind of seems like combat. I realize the president declares that this war is over. It kind of seems like combat. And they denied it, pete. They actually tried they said well, we know its dangerous. But theyre still denying that we have combat operations going on there. Theyve lived in a wordsmith alternate reality for a long time now. A year ago they declared combat operations over. And you ask a guy like brandon webb whether or not this is combat operation. Special Operations Forces, indirect fire, close air support, men wounded and one unfortunately killed alongside afghan allies where they have now lost some of the initiative. And were doing effectively a recovery operation. Theyre seeing combat every single day. And this commander in chief, by not calling that, is doing them a disservice. Yet they courageously go into a fight with restrictive rules of engagement into hostile zones like this that we fought for before without the same amount of troops we had in the past to regain that initiative. So these guys are put in impossible situation, fight courageously and their commander in chief tells them youre not in combat. I want to get to the bottom of the of this back and forth the kern shafer and i had at the beginning. The situation arose earlier and they sent guys to get them out. Our latest information, just coming back from our pentagon producer who is watching the program, his information is that its not over. That in addition to the nearly dozen americans special ops guys, there are dozens of Afghan Forces as well and some reinforcements in the compound in marjah, that some guys were evacuated. That the one killed and those wounded. But that the special Operations Team remains there. Do you youre saying you have different information from that colonel. I am. Im saying we still have forces on the ground. What im saying is the people who were under fire in the compound, what is now undertaking, i cant go into all the details i was told. Were trying to figure out how to go back on the offensive. Right now while were engaged, we want to go after these guys. Brendan, if theyre still there, why would they still be . Why wouldnt the United States military be able to get its people out of there like that. Our source confirmed what tony said. We heard it was small contingent of u. S. Army special forces, an a team and some army rangers. And that they were successfully extracted. And i literally got that information as i was sitting in the green room. As someone who has served over there and lost teammates, my thoughts and prayers go out to the men and families who lost loved ones over there. Again it highlights what pete says. Clearly a lack of Foreign Policy strategy in afghanistan, the middle east, north africa. How so . Well, this administration, if you just look at the results. Is there more civility in the middle east . More civility in north africa . And in afghanistan since 9 11. I think the answer is just clearly no, there isnt. And that just points to a clear lack of Foreign Policy strategy by this administration. Its amazing, because as weve been watching isis in the middle east and syria, many believe we have taken our eye off the ball in afghanistan. And afghanistan could turn into another syria if we dont keep our eye on it. Ill give you the last thought on that, colonel. Absolutely. Thats the issue. Ungoverned space. The general had to convince the president recently regarding the troop levels there. General dunford has come in doing a troop review of what is going on. The bottom line is if we depart now, we abandon the investment of blood and treasure in afghanistan, we will see isis take over the centers of economic production, the drugs, the trade trails, everything. And frankly, it will become worse than i believe syria, even by the fact that they will destabilize pakistan. Pakistan has nuclear weapons. We have to consider the results of libya and the results of syria. Not take positive action. We dont maintain it here, we will see ill let you weigh in, pete. Again, we are getting different information from you guys. And you guys are very well connected. I just want our viewers to realize that there is a conflict in the information. Our very well respected guys are getting and what were getting. Well try to get to the bottom because we want to know if our troops are in harms way and in a situation right now from which theyre having difficulty extracting themselves. Pete, the final word. It underscores what a fluid situation these always are. What im going to add, layered on top of all of this is we have a president who has always been political about afghanistan. Former defense secretaries from gates to panetta to hagel have outlined how this afghanistan was always about the good war that was politically good for them as opposed to truly being dedicated to winning it. And as a result you have war fighters flapping out on the edge, putting their lives on the line, and put in precarious situation likes this for a mission they dont even know if their commander in chief even believes in. Say a prayer. Ive got to go, guys. My apologies. Thank you. Breaking tonight with general David Petraeus about to testify to the Benghazi Select Committee, three of the heroes who defended the compound there in 2012 are raising new questions about Hillary Clintons role in all of this. Brit hume is here next on that. Plus, well show you what brought president obama to tears today during an announcement on gun control. And then Marc Thiessen weighs in on the difference between the president on this issue and on the issue of terror. Plus, a wildly popular new netflix show tells the story of how a man and his nephew may have been wrongfully convicted of murder. And while its already generating calls for a president ial pardon, we will speak with lawyers from both sides of the case about whether thats in order here. The facts and the fallout ahead. Did you kill teresa hobock . , no not at all. I didnt do nothing. Dont make no sense. Its a fact. Kind of like ordering wine equals pretending to know wine. Pinot noir, which means peanut of the night. But ive managed. E Crohns Disease is tough, except that managing my symptoms was all i was doing. And when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe Crohns Disease. And that in clinical studies, the majority of patients on humira saw significant symptom relief. And many achieved remission. Humira can lower your ability to fight infections, including tuberculosis. 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And the Obama Administration facing tough questions on why they did not send help during the 13hour siege by terrorists. Former cia director David Petraeus will testify to the Benghazi Select Committee tomorrow. And former defense secretary leon panetta appears later this week. As Hillary Clinton faces tough new questions about what she said and how she represented the facts to the family members of the fallen. As the bodies arrived back in the United States days after the attack, those families claim she blamed the attack on a video critical of islam, which an email she sent just a day or two earlier says she knew was not the case. Mrs. Clinton says it was the fog of war that led to the confusion. And last night we interviewed the reallife heroes whose story will be told in the upcoming film 13 hours. They choose to believe the families. The video, it was all about a video. And weve heard the families say that. And thats how we kick off the segment. That Hillary Clinton, according to the family members, looked at them at Dover Air Force base when the bodies came back in the casket and were going get the guy who made that video. And now when asked who is lying, you or the families, she says well, its not me. And of course she is talking about glens family. She is talking about tyrones family. She is talking about shawns family. And i know pat smith. I know katie quigley, glens sister. We know tys mom. We know what they told us was said. And i do know them very well. And katie has been on news quite a bit telling what she was told. And i know that they were told it was video, because thats what they told me. I believe pat. I believe katie. I believe charles woods. Who would have a reason to lie why . Simple. Exactly. They have no reason to tell anything but the truth. Brit hume is fox news senior political analyst. He joins me now. Brit, good to see you. And oz, on the left, he puts it very well. I mean, its very simple. These military guys have a way of cutting right through all the bull. Who has a motive to mislead . Well, clearly, its been a question from almost from day one, megyn, about whether there was a coverup of what happened at benghazi. And whether the whole idea was designed to make the whole incident look like it grew out of some grew out of that video to avoid any implication that the Obama Administrations Foreign Policy was failing and leading to to what happened in benghazi, among other things. So thats been a question from the start. And certainly the administration had political reason not to tell the truth about it. And for all that is said about what was said to those families when they came to receive the bodies of their slain sons and the back and forth than, there is this additional question, megyn, which is in my opinion never been satisfactorily answered. And that is this. Five davis this attack, which we now know that on the night of which Hillary Clinton said to the egyptian foreign minister was not caused by the video and was in fact a terrorist attack, he said something basically the same to her daughter in an email the next day. Five days later we know it. Right. We know its not the video. So five days later, her subordinate, susan rice, the u. N. Ambassador goes on five sunday talk shows and blames the whole thing on a video. And so we know that the administration and we know that secretary clinton knew better at the time. We also know that the two of them, ambassador rice and secretary clinton spoke before that appearance. So that to me did she ever come out after that sunday show, appearance, five appearances and explain, well, now we know better . No, she never did. She never did correct that record. You tell me. Because i think people get confused. There is so much about benghazi. This person said that, that person said that. This is very simple. The family of ambassador Chris Stevens has not spoken. So you have three of the remaining four dead, their families saying she told us over our loved ones dead bodies that this was all about a video. And now she is on record saying that i didnt do it. And suggesting that the family members are lying, brit. The American People are going to get that. Well, look. Well, we cant prove it either way because there is no audio, no video, no recording. But certainly the story the family members tell is remarkably similar to what others in the administration, including days later susan rice were saying about the cause of all this. So it all fits in a certain way. And it it seems to me it gives those family members story great placability. The damage from benghazi, which everyone recognizes is at a minimum a security failure and perhaps the result of a policy failure as well, that may already be baked into what people think about secretary clinton, that there was failure there, and that she was not honest about it. And that feeds of course this whole question about her trustworthiness, which has been a liability for her for some time. What we dont know is whether this issue will assert itself further as we get closer to the voting later this year. Ill tell you. What you see that movie 13 hours which we were privileged to be shown yesterday here at some of our the kelly file staff, and you dont see how it could not come up. It is a gripping, gripping, chilling tale of what those soldiers went through. And state Department Personnel under her watch. And it is impossible to escape asking without asking more questions about why more wasnt done to support these guys and these americans. That movie may well sharpen the issue and renew it. But our experience with this issue, megyn, that weve seen through the years is these things, these questions about benghazi do not arrive by themselves. The rest of the media by and large has chosen to ignore this story and play it down. And this isnt going to happen automatically. The candidates who are running against Hillary Clinton or the candidate who eventually runs against her may have to be the one that raises this. Because this issue the kind of attention that it deserves. Pastel brit, always a pleasure. Thank you. Thanks, megyn. Im in the new york flavor. And he is in the pastel florida. Coming up, a tragic turn of events for an iraq vet who shared a prophetic message about his life just hours before he was killed by a drunk driver. Well have the chilling story. Plus, president obama ended up in tears today during the announcement on gun control. James rosen is here on how the president is trying to change the rules for gun owners. And then Marc Thiessen compares the president s message to the message we heard on terror. Pastel thiessen also here. vo my names nick and i make dog chow in denver, colorado. One of my fondest memories of khloe is the day we got her. I knew right there she was gonna be a great dog. Khloes a big influence on the family. She loved lincoln from the start. Shes his little protector. I trust dog chow to keep khloe healthy because i see the high Quality Ingredients that go into it. The standards that we follow are top notch. I trust dog chow enough to feed it to my dog every single day. Feels like each day liviis a game of chance. Aine i wanted to put the odds in my favor. So my doctor told me about botox® an fdaapproved treatment that significantly reduces headache days for adults with chronic migraine. 15 or more headache days a month, each lasting 4 hours or more. 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That was marked by anger, frustration, and even tears. Here is the president earlier today. First graders at newtown. Every time i think about those kids, it gets me mad. And by the way, it happens on the streets of chicago every day. [ applause ] our chief washington correspondent james rosen is live tonight at the white house. James . Megyn, good evening. President obama announced ten items today. They include new licensing requirements for small scale gun sellers, the hiring of 230 fbi employees to process background checks 24 7. Provisions enabling states to Share Mental Health information more easily. And new federal research into gun safety technology. For all the emotion in the president s appearance today, however, at least a couple of things he said appear susceptible to factual challenge. A violent felon can buy the exact same weapon over the internet with no background check. No questions asked. In fact, according to the National Rifle association, all licensed dealers must by law perform background checks regardless of whether they sell online, in stores or at gun shows, although it is true that the internet up until now has expanded the opportunities for convicted felons to obtain firearms without a background check. Were going to do everything we can to ensure the smart and effective enforcement of gun safety laws that are already on the books. Yet federal statistics compiled by Syracuse University show federal criminal firearms convictions have fallen sharply under president obama by more than 15 since 2010, by nearly 35 since 2005. Agree to the stark plunge. They reflect decision made by career prosecutors. And as for the 500 million the president says some of this is going to cost, well, that will be in his next budget request. Megyn . James, thank you. Joining me now with more Marc Thiessen, former speech writer to president george w. Bush. Marc, good to see you. As a former Communications Guy inside the white house, what did you make of the president s emotion today . Oh, he was very emotional. I think his emotion was genuine. I think any of us who think about first graders being massacred, our hearts break. Thats not the issue so much. The question is where is that emotion when it comes to terrorism . Where was that emotion, that raw outrage after the San Bernardino attacks . Where was the wiping away of tears and the emotion after the paris attacks . Instead of wiping away tears, he held a petulant press conference in turkey where he attacked his critics and said there is not going to be any change in strategy and he dismissed it as a setback. And quite frankly, where was the emotion after isis beheaded an american hostage, james foley. And after announcing it, he went straight to the golf course to play golf. He does not seem to have that same raw emotion, that same sense of outrage when it comes to terrorists. After benghazi, same thing. He went out to a fundraiser after Chris Stevens, our ambassador was killed along with three others. Thats right. And after isis overtook much of iraq. He did the same thing. He talked about, he quoted dr. Martin luther king, saying we need to feel the fierce urgency of now, saying we just cant wait. Thats why he has to do it himself. Thats exactly right. But again, he doesnt seem to have that fierce urgency of now when it comes to defeating isis. You just reported what is happening in afghanistan today. He doesnt seem to have a fierce urgency when it comes to defeating the taliban. His own former secretary of defense robert gates said he didnt believe in his own strategy. What about he says the majority of americans agree with him. I mean, he is pointing to the polls as justification. On guns, yes. He does say that. But the truth is, thats not quite right there. Was an abc news poll that came out that showed 63 of americans say that the reason for these Mass Shootings is the lack of treatment for mental health. And only 23 say its lack of gun laws. So thats not the case. You know what . 64 of americans think he doesnt have a fierce urgency of now when it comes to fighting icy, including 59 of democrats. So americans get. This americans realize is that when it comes to fierce urgency, his fierce urgency is to withdraw. Its not to win. Marc, thank you. Thanks, megyn. Well, a new Netflix Documentary is generating millions of views online. But the show making a murderer which is the story of how a man and his nephew may have been wrongfully convicted of killing a young woman is creating an equal amount of debate over whether the story is accurate. Whether the filmmakers got it right. Coming up, the prosecutor and the defense attorney join us right here. When a moment spontaneously turns romantic, why pause to take a pill . 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Law enforcement despised steven avery. Steven avery was a shining example of their inadequacies, their misconduct. No one ever intended to do ninny harm by this. We firmly believe that we had the guilty party at the time. Welcome home this was one of the biggest miscarriages of justice i ever saw in 20 years and thousands of cases. That is a flip from the new Netflix Documentary Series Making a murderer. It only premiered a few weeks ago, and it is so wildly popular that an internet search of the show title produce more than 38 million responses. The series tells the story of steven avery, the man on the left and his nephew, Brendan Dacey, on the right. Both, and that is a spoiler, were ultimately convicted of murder. But now the question is did they do it, or was steve avery in particular set up because he was pursuing a major judgment over a Wrongful Conviction on a rape charge for which he served nearly 20 years wrongfully behind bars. Tonight we are joined by ken kratz, who prosecuted the case and by dean strang who helped defend mr. Avery. First we go to Trace Gallagher in our west coast newsroom for this story. Megyn, the documentary focuses on Steven Averys murder conviction and life sentence for the 2005 killing of 25yearold Teresa Halbach, a photographer who came to averys property to take a picture of a car for autotrader magazine. But the fact that steven avery was once wrongly convicted of rape and spent 18 years in prison before dna evidence cleared him makes the story even more compelling. In fact, dean strang, averys defense attorney argues that after he was exonerated and sued the city for 36 million, the city had it out for him. For example, during an initial search of averys room, there was no sign of Teresa Halbachs car key. Yet when two Law Enforcement officials named in averys civil lawsuit searched the room again, they found the key. The defense also recovered a vial of his blood from evidence in averys rape case. The seal around the vial had been broken with a hole poked through the top leading them to believe averys blood was extracted and planted in halbachs car. But averys nephew Brendan Dacey was convicted of participating in the murder and he confessed, though he later recanted, saying investigators, quote, got in his head. During videotaped interrogation shown in the documentary, the learning disabled dacey is questioned alone, even though he was only 16 at the time. The defense says dacey was pressured into signing false statements. The prosecution says the teens family pressured him in to recanting. Prosecutor ken kratz also maintains that several pieces of key evidence presented during the trial are not in the documentary. He told people magazine, quote, you do not want to muddy up a perfectly good conspiracy movie with what actually happened. Among the evidence the prosecutor said was left out is that Teresa Halbach had been to Steven Averys house before and was so afraid to go back, she asked her boss for a different assignment. But on the day of the murder, avery tricked her into coming back by using his sisters name and number. The prosecutor also points out that averys dna, which was not taken from his blood, was found under the hood of halbachs car. The filmmaker said the prosecutor declined to be interviewed for the documentary, and this morning on the today show, the filmmakers dropped this. Listen. You were contacted by one of the jurors who sat through Steven Averys trial and shared with us their thoughts. Told us they believe steven avery was not proven guilty. They believe that steven was framed by Law Enforcement, and that he deserves a new trial. And now more than 280,000 people have sign and online petition calling for the pardon of steven avery. Ken, thank you very much for being here. First of all, in this film, i they bill as a documentary. And i know you say its nothing of the kind. But they definitely tell the defenses side, full throatedly. What do you say is the most Persuasive Evidence that the prosecution introduced that this man steven avery, who had been wrongfully convicted of a rape and had been let out, and now is on trial for murder and tried to claim once again i am the victim here. Once again, im being wrongfully prosecuted. What do you think is the most Persuasive Evidence you had against him, that the series makers left out . Well, in my opinion, the most persuasive was the dna that was found on the hood latch of the victims car. The victims suv is hidden by mr. Avery and mr. Dassey. And actually Brendan Dassey during his confession tells Law Enforcement for the first time that his uncle steven went under the hood. We know he did that because he unhooked the car battery. The fact that he went under the hood caused in march the crime lab to swab the hood latch, what you have to stick your hand underneath the hood and actually release a mechanism. That hood latch had dna on it. It came out to be Steven Averys dna. But importantly, it was nonblood dna. Remember, the defense planting theory was that there is a vial of blood that the officers that they took it from the first case that steven avery was involved in and they spilled it inside the victims car to make it look like avery was in there. Your point is, how you steal perspiration evidence. I get it. But one of the things that people point to is they say okay, your theory was that they raped her. They tied her up, they raped her and they stabbed her. Either in the bedroom or in the garage, but somewhere on the property. And there was no trace blood evidence. These two guys were such brilliant criminals that they managed to clean up all the blood evidence from shooting her and stabbing her . And people dont find that plausible. Right. The theory of both prosecutions was exactly the same. There wasnt anything that was inconsistent, although if you watched the documentary, you would think that. She was raped and she was beaten in Steven Averys trailer, but she was killed in the garage. Thats where the shooting happened. Thats what Brendan Dassey indicated after she was killed in the garage, she was taken and thrown into her own suv. Thats why her own blood gets in th cargo area of the suv. And they find some pattern evidence and the like. But, again, the documentary suggests that this is all a mystery. How did any of this happen. It wasnt a mystery at all. It was all tied up with evidence at the trial. Why would the evidence of her blood in the garage, if they shot her, they stabbed her there . Brendan dassey, in part of his three and a half hour confession that the documentary didnt allow the viewers to see talks about taking bleach, a good bit of bleach and cleaning up the area where the shooting occurred. Bleach is one of the only things that destroys or kills dna. He and uncle steven were cleaning that up. In fact, brendan turned over to the police, and we recovered, we presented it as evidence his bleachstained jeans that he was wearing that day. So you can see the splashes up of the bleach which was absolutely consistent not only with the blood evidence being cleaned up, being removed because of the bleach, but also the statement by 16yearold brendan. Finally, ken, i have to ask you. You were suspended and ran into some legal trouble of your own for unethical behavior with female jurors. Some have said thats a good reason for us not to listen to anything you have to say. To those critics who say that, you say what . Well, i really appreciate the opportunity to talk about that because all of this problem which occurred because of or at least partly because of a Prescription Drug dependence happened in 2010. Thats three years after the making of the documentary. Nothing about that really deplorable behavior occurred during the steven avery case, before the steven avery case. Nothing at all is at least truthfully or honestly attached to that. I understand that the film make verse said well, well leave it up to the viewers as to what theyre going to make out of that. And of course, i had all the consequences and things that went along with that. But ill tell you what, megyn. If youre going to try to define the prosecutor for something he did three years later, then you better be willing to apply that same standard to the defense team, which i understand youre going have them on tonight as well. And i know the judge said you acknowledged all of your behavior in the case and found that persuasive in giving you a shorter reprimand. Ken, thank you for being here tonight. Thanks very much, megyn. Up next, the attorney for steven avery, dean strang responds. And ill ask him about the evidence that was not in the documentary. Thats next. Another day, and im still struggling with my diabetes. I do my best to manage. But its hard to keep up with it. Your body and your diabetes change over time. Your treatment plan may too. Know your options. Oncedaily toujeo® is a longacting insulin from the makers of lantus®. It releases slowly to provide consistent insulin levels for a full 24 hours. Toujeo® also provides proven full 24hour blood sugar control and significant a1c reduction. Toujeo® is a longacting, manmade insulin used to control high blood sugar in adults with diabetes. It contains 3 times as much insulin in 1 milliliter as standard insulin. 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Dont dilute or mix toujeo® with other insulins or solutions as it may not work as intended and you may lose blood sugar control, which could be serious. Ask your doctor about toujeo®. Theres a lot of places you never want to see 7. 95. [ beep ] but youll be glad to see it here. Fidelity where smarter investors will always be. Advil pain relievers are used by more households than any other leading brand. To treat their aches and pains more people reach for advil. Relief doesnt get any better than this. Advil. I didnt see them plant evidence with my own two eyes. I didnt see it. But do i understand how human beings might be tempted to plant evidence under the circumstances in which the county Sheriffs Department found itself after seeing the exoneration of the lawsuit of the avery commission, of the governor, huge john steven and holding him up as an example of the criminal Justice System gone wrong . Do i have any difficulty understanding what Human Emotions might have driven Police Officers to want to augment or confirm their beliefs he must have killed Teresa Halbach . I dont have any difficulty understanding those Human Emotions at all. That was dean strang, former attorney for steven avery. Dean is with me now. Dean, thank you for being here. I must say, having watched you in this series, you seem like a very good lawyer to me. And did as much for his client as a lawyer could do. So let me ask you about you know, your theory is that these cops, who screwed this guy over the first time around and then were getting sued wanted to get rid of him again. And there is a lot of evidence that the cops misbehaved in this case. Part of what the prosecution argued in the closing is maybe the cops did plant a cup of things. Maybe they did. But there is a ton of evidence showing these guys did it, including teresas bones in a fire pit outside of stevens trailer. How do you explain the bones being there . They were moved there. The body was not burned there. That was the stronger part of the evidence. Indeed, the jury acquitted him of mutilating her corpse. In other words, acquitted him of burning the body. I think it was clear i dont fault the filmmakers for this. But the documentary necessarily omits much of this. The better evidence here from a forensic anthropologist was that an open fire would not have generated enough heat to destroy a human body in the way that those bones were destroyed. And that the bones found in a burn barrel next door and indeed in a quarry a quarter mile away also were female, also were burned. Its pretty clear the bones were moved to Steven Averys barbecue pit. The body wasnt burned there. What about the fact that she was allegedly tortured in Steven Averys trailer, that she was handcuffed and had leg irons put on her as the rape took place. This is the prosecutions theory. And steven avery, this is not covered in the documentary, but was at trial, my understanding, steven avery bought leg irons and handcuffs three weeks before the murder. That true . None of that was evidence at Steven Averys trial. You just described the prosecutions theory at the dassey trial six months later. But none of that was evidence in the steven avery trial. But did steve buy leg irons and handcuffs three weeks before teresas murder . I dont recall that, honestly. I dont recall that. And there certainly was no evidence that leg irons or manacles or handcuffs or whatever it was were used on Teresa Halbach. They were introduced in evidence. They were introduced into evidence i think in the second trial of the nephew. I remember seeing a picture of it. All right. Let me ask you this. The stuff about steve avery having some sort of fixation on her, that wasnt in the documentary. That he called her flee times that day to get her to come over. That he liked her. That he was creeping her out. She told her boss she didnt want to go over there that day, he did star 67 so his number would be blocked. That suggests he was unusually fixated on her. No, it doesnt. It suggests that she had done a good job photographing the car that the family had sold earlier, and now stevens sister was selling another car and thought she had been a good photographer. What both the film and mr. Kratz omit, when teresa called into autotrade theyre day, both of the autotrader employees who spoke with her said that she told them she was going to the avery property out on avery road. She knew exactly where she was going. No illusions about that. No concealment of that at all. The fact that he tried to protect his privacy with two star 67 calls tells us nothing about who killed Teresa Halbach phone im gooding to carry you over because were short on time. Well try to get another question and carry you over. Sure, sure. But you heard the prosecutor say his sweat was under the hood of her car. What was that doing there . Because cops cant plant sweat evidence . There was no evidence of sweat. There was evidence of dna transferred, Steven Averys dna. The sweat idea is just mr. Kratz theory. Never has been anything more than that. The dna from steven avery could have been transferred under that hood any number of ways. Any surface that had his dna, his skin or dci agents glove as he testified, could have transferred that dna to the underside of the hood. Its really much less powerful evidence than the blood would have been for the prosecution. Okay. I have several more questions for you. I appreciate you giving us this time. Well be right back again with the attorney for steve avery. How do i know im getting the best price on this . Well match any competitors price. What about this . Price match guarantee. And this . Yep so no monkey business, no tomfoolery . Oh, we do have tom foolery, tom. Staples has a price match guarantee. Make low prices happen. Staples make more happen. Ugh heartburn no one burns on my watch try alkaseltzer heartburn reliefchews. They work fast and dont taste chalky. Mmm. Amazing. I have heartburn. Alkaseltzer heartburn reliefchews. Enjoy the relief. Dean strang is with me now, attorney for steven avery. The prosecutor said the reason there wasnt blood all over that garage where they allegedly stabbed and shot this woman is because they cleaned it up with bleach. Your thoughts on that . Steven avery can be accused of being a lot of things, but a really good housekeeper doesnt make the list. But what if you just committed a murder and he said that brendan, the nephew, had bleach all over his jeans, which was turned over. I have no idea when the bleach got on the jeans. I cant imagine, especially whereas i recall, there was deer blood left in the garage that all traces of human blood would have been removed from that garage by anybody let alone steven avery and Brendan Dassey. They talk about stevens history of animal abuse and allow his claim, you know, when he was much younger, that he pardon i hope the viewers will pardon the description. But he said he burned a cat alive. He suggested it was an accident. He threw it and it fell into the fire. And the truth is he poured oil all over a cat and set it on fire. And so the question is whether this accurately represents his side. I mean, the prosecutions side. Well, mr. Kratz has been very vocal in the last couple weeks of complaining essentially that everything he said in 240 hours of evidence over six weeks of trial didnt make it in the three or four hours devoted in a film to this movie, but the fact is that his best arguments, his best evidence made it and, indeed, claims that he made that werent evidence made it into this film. Well it was fair. Its gotten so much attention, people are so fired up about it on the petitions. We appreciate you giving us your time tonight. Lowers bad cholesterol. Crestor is not for people with liver disease, or women who are nursing,pregnant, or may become pregnant. Tell your doctor all medicines you take. Call your doctor if you have muscle pain or weakness; feel unusually tired; have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. These could be signs of serious side effects. Ask for the crestor 3 card. Ask your doctor about crestor. [bassist] two late nights in blew an amp. 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Doctors have been prescribing humira for more than 10 years. Humira works for many adults. It targets and helps to block a specific source of inflammation that contrubutes to ra symptoms. Humira can lower your ability to fight infections, including tuberculosis. Serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening Heart Failure. Before treatment, get tested for tb. Tell your doctor if youve been to areas where certain fungal infections are common, and if youve had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. Dont start humira if you have an infection. Talk to your doctor and visit humira. Com this is humira at work. What do you think about making a murderer . Go to facebook. Com the kelly file. Let me know what you think. I am megyn kelly. This is the kelly file. Good night. Tonight the race is on. We are 27 days until iowa. Were going to have a great election. Were going to have a very, very big and pleasant surprise. 2016 republican president ial candidate donald trump is here. This is not a plot to take away everybodys guns. And president obama unveils the executive actions hes taking to push through his antigun agenda. The house gets ready to vote on a bill to repeal obamacare. Speaker of the house paul ryan joins us in a hannity exclusive. The u. S. Ambassador. You are not the first responder. And meet the real Life American heroes behind the