Making a Murderer: Could President Obama Really Pardon Steven Avery and Brendan Dassey?

Making a Murderer is the latest true crime obsession on television
Making a Murderer is the latest true crime obsession on television Netflix

Plot points for "Making a Murderer" season 1 are discussed in this article. SPOILERS TO FOLLOW!

When thousands of Americans traveled home for the holidays, they didn’t expect to spend late nights binge-watching a series about a gruesome murder. Thanks to the latest true crime obsession, Making a Murderer, the nation is up in arms over the corruption of the American justice system. The 10-part Netflix docu-series explores the story of Steven Avery – a Wisconsin man who spent nearly 20 years in prison for a crime he didn’t commit. Avery was eventually exonerated, only to end up back on trial a year later and ultimately sentenced to life in prison for the murder of young photographer Teresa Halbach.

As if that situation wasn’t astounding enough, Avery’s nephew Brendan Dassey was dragged into the investigation process by the Manitowoc and Calumet Couty police departments. Over the course of the ten episodes, Making a Murderer goes on to convincingly suggest that Dassey was coerced by Special Agents Tom Fassbender and Mark Wiegert to present a false confession. The Netflix series aruges that this, among numerous other suspicious activities, was all part of an attempt by Manitowoc County to frame Steven Avery after he tried to sue them for $36 million following his original false conviction.

Steven Avery mugshot
Steven Avery mugshot Netflix

Since its release on Dec. 18, Making a Murderer has become a pop culture obsession and the center of debate involving the responsibility of the American justice system. Though potentially damning evidence against Avery has emerged since the show’s debut, many remain thoroughly convinced that Avery and Dassey were both framed by law enforcement. Those notions have been taken a step further with the emergence of petitions requesting a presidential pardon for the convicted pair.

The main contenders are found on Whitehouse.org and Change.org. The former currently boasts a modest 23,000 signatures, which is well under the 100,000 needed for the Obama administration to address the petition. Change.org, however, has amassed over 211,000 signatures (at the time of writing), which obviously presents a much stronger case for reexamining Avery and Dassey’s trials.

The Whitehouse.org page reads:

“Steven Avery and Brendan Dassey should be given a full pardon by President Obama for their wrongful conviction in the connection to the murder of Teresa Halbach.

Based on the evidence in the Netflix documentary series “Making a Murderer”, the justice system embarrassingly failed both men, completely ruining their entire lives.

There is clear evidence that the Manitowoc County sheriff’s department used improper methods to convict both Steven Avery and Brendan Dassey.

This is a black mark on the justice system as a whole, and should be recognized as such, while also giving these men the ability to live as normal a life as possible.”

Michael Seyedian wrote similar sentiments in his Change.org petition:

“There is a documentary series on Netflix called “Making a Murderer”. After viewing it, I am outraged with the injustices which have been allowed to compound and left unchecked in the case of Steven Avery of Manitowoc County in Wisconsin, U.S.A. Avery’s unconstitutional mistreatment at the hands of corrupt local law enforcement is completely unacceptable and is an abomination of due process.

Steven Avery should be exonerated at once by presidential pardon, and the Manitowoc County officials complicit in his two false imprisonments should be held accountable to the highest extent of the U.S. criminal and civil justice systems.”

The question now comes down to whether President Obama would actually consider pardoning Avery and Dassey. Defense attorneys Dean Strang and Jerry Buting certainly made a compelling argument in Avery’s trial, but is it really enough to sanction intervention from the executive office of the United States?

It was actually as recent as this past July that Obama commuted the sentences of 46 drug offenders serving in federal prisons. The action was part of Obama’s overall objective to reform the prison system in the United States. With that being said, murder charges are an entirely different animal compared to minor drug offenses. And considering an appeal would support the framework that the Manitowoc Country sheriff department framed Avery and Dassey, a pardon could cause national outrage amongst blue collar and conservative Americans.

Brendan Dassey
Brendan Dassey Netflix

Obama would also have to consider using what is essentially an entertainment program as grounds for federal intervention. Though filmmakers Moira Demos and Laura Ricciardi put together a smart, compelling documentary, the allegations claiming that critical evidence against Avery was ommitted from the series might dampen the petitions’ chances.

Then again, another recent true crime documentary featured on HBO – The Jinx – provided information that eventually led to its subject matter, Robert Durst, being charged with murder. If the petitions can keep increasing their signatures, you never know – anything is possible.

Making a Murderer season 1 is currently available for streaming on Netflix.

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