Thought Experiment: If the bones don’t belong to Teresa Halbach what might we expect to see as the case progressed?

Great REDDIT post by Temptedious

IMO the documentary has unreported the bone evidence. Even season two (which spent more time on the bones than season one) didn’t really spend much time on the bones. It’s fascinating to me because with Colborn’s lawsuit in the news there are some who claim the doc was sensationalized and that accusations of wrongdoing have been overstated. I’ve always felt the opposite, and the bone evidence is a good avenue to explore that opinion.

Making a Murderer could have included quite a few additional pieces of information, specifically about the bone evidence, that would have added fuel to the public’s ire. In the documentary, the filmmakers never hint at the questions surrounding the identity of the bones, and they absolutely could have included phone calls, news footage, and newspaper clippings about the issue, considering questions were being asked even back in 2005. These questions about the identity of the bones were no doubt exasperated by Pagel’s announcement on Nov 18, 2005, that the state’s lab could not identify the bones and the FBI would be called in to assist. And it wasn’t until Jan 19, 2006, that reports started circulating that the FBI had identified the bones (even though that’s not true). But even with all that the filmmakers very clearly have avoided this topic.

Point being the filmmakers had access to enough material that would have allowed them to very easily introduce the debate of the identity of the bones as part of the series, but they avoided doing so. Similarly, the filmmakers avoided including anything about the confusion that resulted due to the blue color of the RAV found on Avery’s property when people had been told to look for a green RAV. And unlike questions about the identity of the remains, questions about the identification and color of the RAV were actually discussed in court, but the filmmakers still totally avoided the issue. Clearly, the filmmakers were not just looking to propagate a sensationalist story. They actively avoided including some of the more conspiracy-driven questions or concerns about the case. This is telling because it wouldn’t have been inappropriate to include the debate about the identity of the bones in the series. It’s a valid discussion to have IMO.

The bones were absolutely planted. My confidence in that position has not been shaken in all these years. Although I’m less sure about the identity of the bones, I still believe there is enough evidence available that allows for reasonable individuals to ask questions about the identity of the bones. In fact, after thinking about it I realized if the bones don’t belong to Teresa then almost everything starts making sense: Thought Experiment: If the bones found in Avery’s burn pit do not belong to Teresa Halbach what would we expect to happen or be revealed as the case progressed?:

1. If the bones don’t belong to Teresa, but instead belong to some other human female, then the murder did not occur in Steven’s garage or trailer, and the mutilation did not occur in Avery’s burn pit. Thus, if the bones do not belong to Teresa we should expect to see a “crime scene” that appears to have been fabricated; not supported by the evidence. Check. The state’s theory of the murder and mutilation would be permeated by troubling questions and reasonable doubts. There would be shameless obstruction of the investigation into the scene where the remains were discovered. Check. There might even be attempts to destroy the evidentiary value of the scene before the appropriate authorities examined the scene. Check.
2. If the bones don’t belong to Teresa we would expect there to be issues with the death certificate. Check. There would be questions about how the bones were found, recovered and transported. Check. Likely we’d see a questionable chain of custody relating to the bones. Check. The available evidence would support a planting theory. Check. Using another female’s bones might result in multiple bone locations, or even missing bones. Check.
3. There would be a lack of certainty about the identity of the bones due to inconclusive DNA results / incomplete DNA profiles. Check. There would be muddled timelines regarding when the bones were finally identified, and by whom. Check. Missing or shattered teeth. Check. And of course: a failure to confirm identity of the bones via comparing dental remains to Teresa’s dental records. Check.
4. The State would likely avoid conducting DNA analysis on items recovered from Teresa’s house. Check. And instead would rely on a standard (pap smear) collected via “official” methods that allows for easy swapping of evidence before testing. Check
5. If the bones don’t belong to Teresa, then she presumably left the property on Oct 31, 2005, and thus we might expect to see sightings of Teresa’s vehicle off the Avery property post Oct 31. Check. We might also expect to see reports that Teresa was alive and spotted off the Avery property post Oct 31, 2005. Check.
6. If the bones don’t belong to Teresa we might expect to see odd behavior and statements made by the Halbach family about Teresa’s death / the identification of the bones. Check.
7. There would be misleading media broadcasts claiming the identity of the remains had been confirmed as belonging to Teresa in order to silence those who expressed doubt about the identity of the remains. Check.
8. We’d see reports, emails or other documents revealing either investigators or defense attorneys questioned the identity of the remains or the significance of the STR or MtDNA results. Check. We’d see reports suggesting the state or defense counsel was investigating additional sources of human female bones. Check.
9. If the bones don’t belong to Teresa, we might see the State attempting to misrepresent the significance of the partial DNA profile to the court and jury, dramatically overselling the significance of the DNA results. Check. We might expect to see awkward Freudian slip type comments from prosecutors about the bone evidence. Check.
10. If the bones don’t belong to Teresa we need an alternative source of human bones from a female around Teresa’s age. Check x 3 = Boutwell, Depies or Rudy. Correlations between the death of Teresa and Carmen or Rudy. Check Evidence that Teresa and Rudy were related via a maternal line. Check.
11. If the bones don’t belong to Teresa we might expect to see the state take steps to prevent advances in DNA technology from revealing the truth, possibly by destroying bone evidence. Check. This would be followed by a cover up orchestrated by State attorneys in order to prevent Avery and his counsel from discovering and using their misconduct regarding the bones to their advantage. Check.

Closing Thoughts…

I’m not saying Teresa is alive, necessarily. I’m just saying it’s possible the bones found in Avery’s burn pit don’t belong to Teresa. I’ve always felt the state’s actions regarding the bones could be explained by arguing they knew the bones were planted, but there are a few things that can only be explained away by introducing the second body theory. For example, Wiegert collected items from Teresa’s house for DNA testing but never tested the items (was he trying to ensure nothing would contradict their fabricated DNA identification of the bones?). When the state received the FBI mtDNA results Wiegert was concerned enough about the mtDNA match that he asked Teresa’s mom about other deceased female relatives (perhaps anticipating a defense argument?). Kratz lied about the significance of the DNA results to the jury in his opening, and then in his closing seemed to admit the evidence reveals “someone” was trying to “obscure the identity of the remains” (possibly trying to deflect any concerns the jurors had about the bone evidence).

Even the court at one point determined there was not enough evidence to allow for the admittance of the death certificate because the court didn’t know how the bones were determined to belong to Teresa (and it’s not clear exactly what changed to allow for the certificate to be admitted). And this is all underscored by the lack of identifiable teeth! As Zellner says, “The teeth never burn up.” That’s how you identify severely burned victims. But in this case no identification was made based on the dental remains that were all shattered. The dental remains were among the most damaged the state’s expert had ever seen… How is that fucking possible? Unless someone intentionally destroyed the teeth … What does intentionally destroying the teeth suggest? That’s right. It suggests an attempt to (as Kratz said) obscure the identity of the remains. Why would Steven Avery go through the trouble to obscure the identity of the remains but then leave them in his own burn pit? That’s not trying to hide evidence of a crime. That’s obscuring the identity of the bones and then wanting them to be found…

So yes, the missing teeth and partial profile bug me just as much as anyone, but I still tend to agree with Buting’s identification of the bones as “very probably” belonging to Teresa Halbach. Just because the bones were never conclusively identified via DNA or dental remains doesn’t mean the bones don’t belong to Teresa. After all, she went missing, her RAV was found on the Avery salvage yard property along with human female bones. The blood on the rear cargo door of the RAV suggests a foul play, as do the cut marks on the bones. Yes I agree the RAV and bones were planted, but still, even if we accept that as fact Occam’s razor still suggests the bones very probably and likely do belong to Teresa. The issue for me is there’s more than enough information, even at this point, to support an argument that the bones don’t belong to Teresa … and that’s so fucked up to think about.

One of the elements of the murder charge (which the state had to prove to the jury’s satisfaction) was the death of Teresa Halbach. In order to convict Steven and Brendan of murder the state had to demonstrate Teresa was dead – that the bones found belonged to Teresa – and I’m not sure the state would have succeeded at that if it wasn’t for the defense conceding the issue at trial (the defense never questioned the identity of the bones during the trial so why would the jury?). Knowing all I know now, not just with Zellner’s investigation, but with the bone evidence, I would never have voted to convict. How could I when I can’t even say I believe the bones definitely belong to Teresa? If the bones don’t belong to Teresa then that means Steven and Brendan are in prison for the murder of Teresa Halbach when her death has not even been proven to have occurred.