STATE OF WISCONSIN : CIRCUIT COURT BRANCH 3 STATE OF WISCONSIN, PLAINTIFF, JURY TRIAL TRIAL DAY 2 Case No. 06 CF 88 vs. BRENDAN R. DASSEY, DEFENDANT.
DATE: APRIL 17, 2007
BEFORE: HON. JEROME L. FOX Circuit Court Judge
APPEARANCES: KENNETH R. KRATZ Special Prosecutor On behalf of the State of Wisconsin. THOMAS J. FALLON Special Prosecutor On behalf of the State of Wisconsin. NORMAN A. GAHN Special Prosecutor On behalf of the State of Wisconsin. MARK R. FREMGEN Attorney at Law On behalf of the defendant. RAYMOND L. EDELSTEIN Attorney at Law On behalf of the defendant. BRENDAN R. DASSEY Defendant Appeared in person. TRANSCRIPT OF PROCEEDINGS Reported by Jennifer K. Hau, RPR Official Court Reporter (Reconvened at 8:34 a.m.)
THE COURT: Morning counsel.
ATTORNEY KRATZ: Morning.
THE COURT: We're going to resume State vs. Dassey, 06 CF 88. Uh, Mr. Kratz.
ATTORNEY KRATZ: Thank you, Judge. The State appears by Calumet County District Attorney Ken Kratz. The, um, uh, State also appears by Assistant District Attorney -- Excuse me. Assistant, uh, Attorney General Torn Fallon, Assistant District Attorney Norm Gahn also appearing as special prosecutors.
ATTORNEY FREMGEN: Attorney Mark Fremgen appears with Attorney Ray Edelstein, and the defendant appears personally.
THE COURT: You may call your first witness.
ATTORNEY KRATZ: Thank you, Judge. The State will call Bill Tyson to the stand.
THE CLERK: Please raise your right hand. WILLIAM TYSON, called as a witness herein, having been first duly sworn, was examined
and testified as follows:
THE CLERK: Please be seated. Please state your name and spell your last name for the record.
THE WITNESS: William Tyson, T-y-s-o-n. DIRECT EXAMINATION
BY ATTORNEY KRATZ:
Q Mr. Tyson, please tell the jury how you're employed?
A I am a patrol sergeant with the Calumet County Sheriff's Department.
Q If you'd speak up just a little bit, we'd appreciate it. How long have you been employed with the Calumet County Sheriff's Department?
A I've been employed with the Sheriff's Department for 15 years approximately.
Q And could you describe, please, for the jury your general duties with the Sheriff's Department?
A Currently, like I said, I'm a patrol sergeant, so I supervise I'm the immediate supervisor for the patrol staff. Um, prior to that I was a road officer.
A My responsibilities as road officer were to respond to call to service, things like that. I did have specialized training as an evidence technician, um, back in 1994, which I processed crime scenes, things of that nature.
Q The specialized training, and I assume your experience in, um, being an evidence tech, um, what more, specifically, does that entail, if you could tell the jury?
A The specialized training, um, re -- respond to a crime scene. You know, certain officers can do that if they have this specialized training. You take --you look for pieces of evidence. Um, you can collect the evidence, take it back, process the evidence looking for fingerprints, DNA evidence, things of that nature.
Q Were you employed in that capacity on the 5th of November, 2005?
Q And on the 5th of November, 2005, were you asked to, uh, respond to a scene known as the Avery Salvage Yard?
Q Could you tell the jury, please, what were your first duties upon your arrival at that scene?
COURT REPORTER: Mr. Kratz, one moment please. (Wherein break was taken to fix a technical problem.)
COURT REPORTER: Let's try it again. You can continue where you left off.
ATTORNEY KRATZ: If I can remember.
Q (By Attorney Kratz) Uh, your first duties on your arrival at the scene, if you could describe that for the jury?
A Sure. Um, upon arriving at the scene, I was directed to the lower portion of the junkyard area where Teresa's vehicle was located. Uh, my responsibilities were to maintain security around the area where her vehicle was located.
Q Thereafter, um, Sergeant Tyson, because of your evidence technician training, were you assigned with other officers and put into what's called a search team?
A Yes. Um, upon arriving at the command center, after clearing from Teresa's vehicle, I was assigned with three deputies from the Manitowoc County Sheriff's Department, um, Andrew Colborn, Detective Dave Remiker, and, uh, Investigator or Detective Jim Lenk.
Q And that first, uh, evening, that is, the 5th of November, were you assigned to search a particular building or residence upon that property?
A We were instructed to execute the search warrant at Steven Avery's trailer.
Q And did you do so?
Q Now, the trailer, itself, uh, Sergeant Tyson, has, um, several rooms as I understand. Uh, if you could just briefly describe the layout of the trailer for us, I'd appreciate it?
A Um, when you walk into the main entrance, you're walking into the living room area. Um, directly off of the living room would be the kitchen. You go down a hallway, uh, there's a bedroom, and there's a bathroom, and then there's the -- the final bedroom at the end of the trailer.
Q Sergeant, I'm going to have you look at an exhibit that's already been received. This is Exhibit No. 72 in this case. Um, be so kind, please, as to take, uh, the laser pointer, which has been provided, and a little bit more in detail describe the layout of Mr. Avery's trailer?
A This area right here would be the kitchen area. And this area here was the living room area. And this would be the hallway. We got the first bedroom here. The bathroom would be right about here. And this would be Steve's bedroom back in the corner.
Q And on the 5th of November, were you asked to complete a search of the entire residence?
Q Can you describe the, uh, thoroughness or the scope of that particular search, if you can recall?
A Um, the first search that was conducted was a quick search of the -- the residence looking for anything obvious. Any signs of Teresa, anything that would lead us in any direction um, to go on. At that time we were unsure of what we had exactly.
Q I'm going to hand you, uh, several photos that will assist in describing your search efforts. Um, we're going to start with the living room, uh, area of, um, Mr. Avery's residence. You've been handed Exhibit No. 79. Can you tell us what that is, please?
A This would be a photograph of the computer area in the corner of the living room.
Q And did you, with the assistance of other search team members, um, search this particular area of Mr. Avery's living room?
Q Have you look at the next Exhibit, please. Exhibit No. 80. Tell us what we're looking at here?
A Be a photograph of the AutoTrader Magazine.
Q And, if you recall, could you tell the jury where this particular exhibit -- or this particular item was found on that computer desk?
A This one, I believe, Detective Dave Remiker located and it was sitting on top of the desk. The computer desk in the living room.
Q Exhibit No. 81, also from AutoTrader, can you tell us what that is, please?
A This would be a photograph of a bill of sale through AutoTrader Magazine.
Q And as we look at the large screen, in the lower left-hand corner of this document, actually has the AutoTrader Magazine logo; isn't that, uh, correct?
Q Now, Sergeant Tyson, so that the jury has a better understanding of the, um, methodology, or how law enforcement performs these searches, uh, do different officers have different responsibilities when, um, a -- a search, not only of a residence, but any kind of search is undertaken?
A Yes. For example, on this evening my responsibilities were to document what the officers were doing. Um, taking notes after the evidence was collected, take custody of the evidence, and, you know, secure it. So that was my responsibilities. The other officers were searching different areas. You know, I was keeping a -- a watch on them to see what they were finding, documenting the exact minute when something was located, where it was located, things of that nature.
Q When these searches, uh, occur, because of the possibility of DNA, or other kinds of trace evidence, uh, do searching officers wear some kind of protective items or gloves?
A Yes. All the officers that were in the trailer that I was with had gloves on. Um, and they would change the gloves routinely with, um, each new item that we were looking at, or whatever, so nothing would be contaminated
Q If you could explain that? Just just take a moment and explain that a little bit more. If something is handled, you said that, uh, you would then change into a different pair of gloves. Um, why does that occur? Why are you trained that that occurs?
A Well, for example, uh, you find a piece of evidence, you may not know exactly what's on it, be it any type of DNA, blood, or anything like that, you pick it up, um, if you don't, you pick up something else, you're going to transfer what you've just had on that item onto a different piece of evidence, and it's contaminated at that point, because now you can no longer say that that -- did that item have the blood on it already or did not? um, and if you didn't change your gloves, you can't say, um, because you've now transferred it and you contaminated new evidence.
Q I don't know if I asked you, and perhaps it's obvious by this particular picture, uh, but where was this bill of sale found within the residence?
A Uh, this one, I believe, was found on the -- or in a drawer on -- in the computer desk.
Q All right. In the same living room area near the AutoTrader Magazine that we've, uh, previously seen; is that right?
Q Let's move, if we can, to the bedroom area. That is, the master bedroom. Bedroom of Steven Avery. Could you describe, first, um, the size of that bedroom? Then describe the search efforts that occurred in there?
A It's a rather small bedroom. um, you got the queen size bed, I believe, is in the middle of the room. Uh, he had a walkway just to walk around and get to the other side. Then there was closets up against the wall. So it was a smaller room. Um, and when we entered that room, we had, um -- like Sergeant Colborn, he concentrated his efforts on one side, Detective Remiker and, uh, Detective Lenk searched the other area, and I stood pretty much in the doorway watching what was going on, documenting, uh, what was located.
Q Now, this is the very first night of the search. Uh, is it fair to say that, uh, you and other law enforcement officers were unaware of what had happened to Teresa Halbach at that time?
A That's correct. We didn't know exactly what we had at that time.
Q Did you specifically know what you were looking for?
A No. We were looking for anything that might lead us in a direction, any clue, any type of evidence.
Q All right. I'm showing you now what's been marked as Exhibit No. 82. Describe what that is for the jury, please?
A This would be a photograph of, um, the headboard area of Steven Avery's bed.
Q Now, a bed -- or on top of, or above, uh, Mr. Avery's bed, uh, could you tell the jury what you observed on the 5th of November?
A It's kind of cut off on the photo, but up on top there is a -- right above the bed there was a gun rack, um, which housed two firearms, and there were two long, um, barreled firearms in the gun rack directly above the bed.
Q All right. I think we have a better picture of the gun rack, itself, which is Exhibit No. 83. We will move to that. Tell us what we're looking at here?
A That is the photo of the gun rack that was, um, directly above the bed.
Q All right. Now, at this early search, at this early stage, were those firearms, um, confiscated or seized by you and other officers?
A On the night of the 5th, those firearms were not seized. We knew we had opportunity to come back. So those firearms were not taken at that time.
Q All right. And that concept, the concept of knowing that you were going to be able to come back or that other law enforcement officers were going to be able to come back, could you describe that a little bit more for the jury?
A Well, the scene, itself, um, you know, the whole area, the junkyard, we didn't know exactly where we would be directing our resources. Um, so we knew we had a lot of work to do. This is a very large area. We could not humanly get this done within one evening. Um, so we knew we were going to be there how long, exactly, we didn't know. But, um, we -- we knew we would be back the next day for sure.
Q It turned out to be almost eight days; is that right?
Q On this particular gun rack, that is, the gun rack in Mr. Avery's, uh, bedroom, how many long guns, that is, how many rifles, were located on that gun rack, if you recall?
A There were two.
Q The rifle on top, uh -- I'm going to show you a photograph that is Exhibit No. 86. Do you recognize that?
A Okay. It appears to be one of the firearms that was located in the gun rack in the bedroom.
Q And just so this jury understands, and they'll hear from another witness, but, uh, it wasn't you, but a different officer, actually, on the next day, that seized this weapon; is that right?
A That's correct.
Q The other, um, weapon, uh, Exhibit No. 87? Tell us what that is, please?
A Be a photograph of a muzzleloader. I believe this was the other firearm that was in the gun rack.
Q All right. Mr. Tyson, um, within the bedroom, uh, itself, uh, did you, during the search, and your fellow law enforcement officers, uh, locate any items or obvious items that would be capable of restraint? That is, uh, capable of restraining another person?
A Yes. Um, Sergeant Colborn located a set of handcuffs and a set of leg irons.
Q I'm going to show you what's been, uh, marked as Exhibit No. 84. Tell us what we're looking at, please?
A Be a photograph of the handcuffs that were found in Steven Avery's bedroom.
Q Do you remember, and can you describe for the jury, from what location those handcuffs were recovered?
A I have in my report that it was taken from a nightstand, which was directly next to the desk. Uh, that nightstand has now become known as the bookcase. Um, Sergeant Colborn located the handcuffs and the leg irons in that bookcase, which was right next to the desk.
Q All right. You had mentioned some leg irons as well. I'll have you look at Exhibit No. 85. Tell us what, uh -- what this is, please?
A It'd be a photograph of those leg irons.
Q Do you know what, uh, the handcuffs and leg irons found in Mr. Avery's bedroom were made of?
A They're your standard, uh, steel, um, handcuffs and leg irons.
Q I show you what's been, uh, marked as Exhibit No. 91. The item itself. Uh, tell the jury what it is we're looking at?
A It's a standard set of, um, the iron handcuffs.
Q And, uh, are those the handcuffs? And do they look the same and similar today as when they were recovered and seized from Mr. Avery's bedroom on the 5th of November?
Q I show you Exhibit No. 92. Tell the jury what those are, please?
A Set of, um, iron leg irons.
Q Once again, uh, Exhibit No. 92, do those look the same or similar, uh, as the day that they were received and recovered from Mr. Avery's bedroom?
ATTORNEY KRATZ: Thank you, Mr. Wiegert.
Q (By Attorney Kratz) Now, Mr. Tyson, the, um, search effort, you said, lasted several days? ,. Were you involved, uh, throughout the entire week in these search efforts?
A For most of the days, I was on the property. Um, we were searching other residences, uh, outbuildings, um, areas of land, junked cars, automobiles that were parked in certain areas. Um, so my responsibilities were with other officers throughout the week, but we were doing searches of different residences and areas on the property.
Q I'm going to show you -- I think in front of you, you have an exhibit, uh, Exhibit No. 88. Could you look at that, uh, exhibit, please, and tell us what it is?
A Evidence photograph of a bleach bottle.
Q And do you recognize this particular piece of evidence?
Q How is it that you recognize it?
A This evidence was collected, I believe, on March 1. Um, we were executing another search warrant on the property, and this bottle was taken out of the bathroom/laundry area of Steven Avery's, uh, residence.
Q I know that we're jumping ahead a little bit to March 1. Do you understand that search warrant to have been authorized by a judge, uh, after a statement was given by this defendant, Brendan Dassey?
Q Were you, specifically, looking for a bleach bottle at that time?
A Yes. We were given numerous specific items to be looking for. Um, we did the search warrant looking for specifics this time, compared to the time prior.
Q Mr. Wiegert's going to hand you Exhibit No. 93. The -- Perhaps, uh, tell the jury what that is, please?
A That would be the bleach bottle taken from the bathroom/laundry area of Steven Avery's residence.
Q So it was within his trailer, that is, within his bathroom, that this bleach bottle was found; is that right?
A That's my understanding. Yes.
Q Do you recall, Sergeant Tyson, whether the bleach bottle, uh, was full at the time that you recovered it? Or is or that it was recovered?
A Okay. Like I said, um, Deputy Riemer collected it. My understanding was is that it was empty at the time of collection.
Q All right. Just to go back for just a moment about the concept of search teams on the 1st of March, uh, that is, after, uh, Mr. Dassey's statement was made, after a search warrant was authorized, was a search team put together for the trailer of Mr. Avery again?
A Yes. I was assigned with Deputy Rick Riemer and Investigator Wendy Baldwin. Uh, we were sent back into the trailer to execute that warrant.
Q All right. Move ahead just a couple of days to the, um, 9th -- Wednesday, the 9th of November, um, you were employed on that day?
Q And could you tell the jury, please, what your duties were on the 9th of November? This is 2005. I'm sorry.
A Okay. I'm trying to think back. Um --
Q If I ask you a more specific question, would that --
A Could you, please?
Q help you? Sure. Uh, were you involved at all in this case in, um, collecting what are called exemplars or standards?
Q And could you tell us, uh, how you were involved in that process?
A On the 9th, I was directed by, um, Agent Fassbender and Investigator Wiegert, was told my responsibility would be to go to the Aurora Medical Clinic in Two Rivers. Uh, I was informed that search warrants were going to be executed on members of the Avery family, and that they'd be brought to the Aurora Clinic where a physical examination would be done, DNA exemplars would be taken, and my responsibility was to document, photograph, and collect any of the exemplars that were taken by the medical professionals.
Q Were one of the individuals brought to the Aurora medical facility, uh, Steven Avery?
Q Did you have occasion to participate in and document a physical examination of Mr. Avery on the 9th of November? Yes. And during that physical examination, did note any, um, specific, uh, uh, uh, injury remnants of any injury at that time?
Q Um, his --it was his middle finger right hand. He had a deep laceration.
Q I'm showing you what's been, uh, marked as Exhibit No. 89. Tell us what we're looking at, please?
A Yeah. That would be the finger, uh, showing the -- the cut to the finger with a scale, uh, for measurement purposes.
Q This was a photograph that you took?
Q Recognizing that you are not a, uh, uh -- a medical professional -- I assume you're not
Q --from what I know of you Sergeant Tyson, but the, uh, observations that you made, uh, and the photograph that is a depiction of that injury, that appear to be a significant or a deep cut to you?
Q Later that week, in just general terms, could you describe for the jury what your responsibilities were at the Avery salvage property?
A At the end of the week we were completing our searches, and, um, my responsibilities were to assist where needed. I was also requested to videotape the entire property. um, inside the residences, the whole area, to show exactly how we were leaving the property, and to give an idea of what this crime scene all entailed.
Q The last series of inquiry I believe I have for you, Sergeant Tyson, is after, um, a statement was received by Mr. Dassey --
ATTORNEY FREMGEN: Objection, Judge. At this point there's been no evidence of any statement in the record.
THE COURT: Response?
ATTORNEY KRATZ: I could ask him if he knows of the statement by Mr. Dassey. It isn't for -- isn't the statement, itself. It's just is to establish what this, uh, writer did. It certainly isn't hearsay, Judge.
THE COURT: Well, why don't you try to lay a foundation, then, for the question.
ATTORNEY KRATZ: All right
Q (By Attorney Kratz) Sergeant Tyson, have you been involved in this investigation, that is, the investigation which included Mr. Avery and Mr. Dassey, throughout the entire process?
Q Uh, were you aware that Mr. Brendan Dassey provided a statement to law enforcement officials? Specifically, Investigator Wiegert and Special Agent Fassbender?
Q Did you know the date on which that statement was given?
A I know it was at the end of February. Maybe the 28th. March 1. In that area.
Q Thereafter -- Sometime thereafter, were you asked to, um, attempt to obtain, uh, some evidence from a area of, uh, Teresa Halbach's SUV?
Q Could you describe that process for the jury, please?
A Sure. Deputy Jeremy Hawkins is also an evidence technician within the Department. He assisted in the processing of a lot of the evidence that we did collect. On April 3 we were requested to go to where we had stored Teresa's vehicle. Uh, Investigator Wiegert and Agent Fassbender had requested that we do DNA swabs of both door handles, interior and exterior, as well as the hood latch to the vehicle, and the battery cables, um, under the hood.
Q Directing your attention to the hood latch, and now I'm going to have you look at, uh, Exhibit No. 90, tell us what it is that we're looking at, please?
A This would be a photograph of the hood latch to Teresa's vehicle.
Q And so a jury, um, member, or all jury members understand, uh, what is a hood latch?
A It secures the hood to the vehicle. Locks it in.
Q All right. Um, on my vehicle, or at least on most vehicles, there's a -- a release or a button on the inside of the -- the vehicle. Are you familiar with those?
Q But is there another safety feature or an additional latch that's usually on a hood?
A Yes. And that would be the hood latch.
Q All right. Did you, again, personally swab, uh, or, uh, collect possible DNA material from Teresa Halbach's hood latch?
A Yes, I did.
Q Would you describe for the jury that process please? How was that done?
A Sure. When you swab for any type of DNA evidence, you have a cotton tip applicator, kind of like a big
Q -tip. Um, you have distilled water. And the tip is sterile as well. So you're taking it from a fresh package. Um, you take your distilled water, you would -- not touching the cotton tip applicator, but you would drop two to three drops of this water onto the cotton tip applicator. You then take that applicator and swab the area in which you were interested in.
Q Could you point to the large screen, please, and tell the jury where it was that you swabbed? That is, what area of the hood latch was, um, swabbed by this applicator?
A Sure. This area right in here.
Q I'm going to have Mr. Wiegert show you, uh, what's been marked for identification as Exhibit No. 94. Because it contains biological material, I'm not going to have you open it, but I would ask you, if you're able to, identify Exhibit No. 94?
A Yes. It's got, um, the evidence tag on that I personally wrote out, and it states it contains the swab containing possible DNA evidence.
A From the hood latch of Teresa's vehicle.
ATTORNEY KRATZ: If I could have just a moment, Judge? Judge, I would move the admission of exhibits, I think it's 79 through 94, at this time, and I have no further questions of Sergeant Tyson. Thank you.
THE COURT: Any objection, Counsel?
ATTORNEY FREMGEN: What was No. 90?
THE COURT: Number 90 is a photo of a hood latch of the, uh, Halbach vehicle.
ATTORNEY FREMGEN: No objection.
THE COURT: All right. They're received. Cross? CROSS-EXAMINATION
BY ATTORNEY FREMGEN:
Q Officer, you indicated that you are currently in a position of -- like a supervisory role with the Sheriff's Department?
A That's correct.
Q And you indicated that you had been trained back in 1984 as an evidence tech?
A Nineteen ninety-four. Correct
Q Nineteen ninety-four?
Q Okay. Have you had any, uh, follow-up training or primers since 1994?
A Maybe in 1995, '96, '97, in the early stages, um, some updates. Photography, things like that. But, no, most of my training now would consist of supervisory training. I
Q Between 1994 and now, did the, uh -- was the majority of your duties or your responsibilities involving evidence tech, or evidence collecting, or was it general police duties?
A The majority of my responsibilities are general police duties. Uh, if we have a crime that occurred in the county, um, I could be dispatched to that. You know, there's five officers in our Department at that time that were evidence technicians. If I was on duty, or even if I was not on duty, I could get a call at my house to come out to process that scene. So if we had a crime, yeah, we would have to respond to it.
Q Did this training consist of a couple of classes at the Fox Valley Tech, or like a week-long training somewhere?
A It was a week-long training class held by Mike Campbell. He was an officer to the Milwaukee Police Department. He put on the training. I think it was at Lakeshore Technical College, and it was -- I believe it was one full week.
Q So something locally?
Q Now, your first duty involved in this investigation was, uh, my understanding, um, to secure the RAV 4; is that correct?
Q Did you do any processing of any evidence at the scene of the RAV 4?
A No, I did not.
Q I -- I don't want minimize your role, it's -- l but, essentially, you just stood watch of the vehicle?
A Correct. Initially, I was -- you know, make sure nobody got near the vehicle, nobody touched the vehicle. Uh, due to inclement weather -- We had a storm that was approaching. Um, Agent Fassbender was on location with, I think, other DCI officers, and, you know, we were taking measures to make sure that no evidence that was possibly on the exterior of the vehicle would be destroyed with the incoming storm. So they had, um, gone and gotten a tarp and very carefully, uh, tried to protect the vehicle from the elements that were approaching as there was a mist in the air, rain was coming. Um, so they were doing that type of stuff.
Q Once your role as security or securing the, uh --the vehicle was completed, were you involved in processing any of that scene? i.
A With the RAV 4?
A No, I was not.
Q So -- so the next role or duty within this investigation would have been when you were assigned to a search team to search the trailer of Steven Avery?
A There were a few things I did prior to the execution of the search warrant at Steve's trailer. Um, you know, we had K-9s on the property that were searching the area. So when the K-9 handler showed up, I directed officers to go with the K-9 officers that were there with their dogs, and, um, documented times of arriving on scene, time they completed, who they were with, what areas they searched, things like that.
Q You didn't just sit around? You're doing work?
Q Okay. But your next specialized task would have been to assist in the search of the Steven Avery trailer?
A That'd be correct.
Q How many searches of that trailer were you involved in?
A One search that night. I was sent back in, I believe, on the 7th of November, um, to get a serial number and a model number off of a computer. Technically, that would be a search. So -- But that was our only responsibilities that day was to get the serial number off the computer and the model number for Investigator Wiegert.
Q Prior to entering the, uh, trailer when you did the initial search, not -- not the second one when you went through it to get some model numbers, did you -- you indicated that your role was essentially to oversee, watch, and take notes?
Q Did you first go through, videotape or photograph the entire residence, to memorialize what it looked like prior to the scene? To to the search?
A Yes. Um, for example, um, Detective Remiker had a digital camera and Sergeant Colborn had a 35mm evidence camera. Both of them, before we even started anything, photographed the entire interior of the residence before any searching had begun.
Q Now, you indicated this is kind of a small trailer?
Q Would it be fair to say that it would be best in the small setting to have as few people in there?
A Yes ..
Q And -- and do you think that you had too many, not enough, just enough searchers of the residence?
A I found it to be adequate. You know, it was hard in certain areas because it was small and confined. Um, but we were, you know, in hallways, in -- in rooms, and, um, it was adequate, I would say.
Q When they did the search, since your were, obviously, you indicated, trying to monitor or take notes of each individual -- other three individuals searching, did they -- did you basically go through it methodically one room at a time, or did everyone just go off on their own and you'd tried to follow them around?
A Well, we started out in Steve's bedroom. Um, after a period of time, you know, like, Lieutenant Lenk had told me, he said, I'm going to start just looking in the bathroom for anything obvious. So I relocated my position into the hallway. I could see, um, Investigator Lenk, I could see Sergeant Colborn, um, on this side of the -- the bedroom. I would -- could watch Lieutenant Lenk. He was in the bathroom. But. it was confined to that area. Nobody was allowed to just wander about the residence, you know.
Q So there were times when they were in two different rooms?
A bathroom and a bedroom
Q -- for instance? You commented, um, that it's important to change the gloves as items are handled?
Q Is it just any item or just items that have evidentiary value?
A We look at it, you know, on scene. Um, we're looking for major evidence, things like that. We're not going to touch one thing and then change gloves every single time we touch something. But if it's evidentiary in nature, we suspect it might be evidentiary in nature, yes.
Q Is is it possible for DNA to be transferred, though, from touching some items that might have DNA that maybe you didn't find to have evidentiary value, and then touching something that you end up seizing?
Q And that could have happened? You don't know that?
A In something specific?
Q I'm just asking in general.
A Oh, sure.
Q If you're not changing your gloves every time you touch something, that could happen?
Q If -
A Right. It's not something that you're looking at to be evidentiary, you move onto the next item. Sure.
Q But each time you found a -- an important item, you would change your gloves?
A The officers would, yeah. I wasn't specifically handling the evidence that night.
Q I'm sorry. I meant -- I guess I meant colloquially with you --
Q -- all.
Q The other three?
Q Okay. Now -- And, again, you're testifying about what some of the other officers found. One of the officers found the handcuffs, and I'm -- I'm going to imagine that -- maybe I'm -- didn't hear you it, and leg irons together in the bookshelf?
Q Okay. Were they just lying on the bookshelf?
A I did not see the location inside the shelf. I was standing to the side. He pulled them out and was showing me what he was locating. I was documenting. So where, exactly? um, they were -- they were on top of each other? Or right next to each other? That I do not know.
Q Let me ask you this, if you know the answer, why did you take the handcuffs and the leg irons?
A The deputies at that time thought it was potentially something that could be evidentiary.
Q But you left the guns?
A The guns were left in the gun rack.
Q You didn't think that guns might be evidentiary?
A We figured they probably would, but looking at the circumference of what we were supposed to do, um, they left them.
Q When the bleach bottle was -- Now, this was in a separate search; correct? When --
Q --you found that bleach bottle?
Q Excuse me. Did you -- Again, your role at that time was the same as before? To document and monitor?
A That warrant I was more involved with the actual searching. Investigator Baldwin was more the one assigned to documenting and note taking.
Q So you would have been the one who actually physically collected the bot -- bleach bottle?
A I was not. Um, Officer Riemer was the one who actually seized it.
Q And, again, you're wearing gloves --
Q -- at this time? Um, did you process that to determine if there were any fingerprints on it? Or is that somebody else's job?
A That was also my responsibility at a later time. Deputy Hawkins and myself were assigned to the duties of processing what we had collected from the scene. So, yes, that bottle was processed.
Q Okay. So when you process it and try to extract fingerprints, then is that sent off to the Crime Lab for, uh, some sort of, uh, review to determine whether or not it matches anyone?
A Our focus for the bleach bottle was not so much fingerprints. Because it was in, uh, Steve's trailer, uh, we assumed his fingerprints would be on it. We were looking more for any type of DNA evidence, um, blood, or anything like that.
Q But you didn't check to see if someone else's fingerprints were on it?
A We did not check it for fingerprints. We were specifically looking for DNA.
Q When you were -- You were involved, you indicated, with the second time the RAV 4 was processed. And I guess I shouldn't say second. It may have been processed a number of times. As far as your involvement, you were involved the first time with securing the RAV 4 --
Q --correct? And the second time with obtaining some, uh, uh, swabs of the hood latch?
Q Do you know how many times the vehicle had been opened and closed in between those two times?
A It came from the Crime Lab. Um, it was secured in the storage facility. I don't know exactly the answer to that question, no.
Q So you don't know what the Crime Lab did to the vehicle?
A I have no idea what the Crime Lab did to that vehicle.
Q And when you swabbed the latch, the only -- you indicated you swabbed the -- looks like it -- the hood was down, the part that you would -- would be facing towards the ground; correct?
A Yeah. The part that you would commonly use your finger to pull up on to unlatch the hood the hood.
Q Did you swab just above the -- the latch as well? Or just that lower portion of the latch?
A I believe I did the lower part and I did all the way around that. Just did the entire latch, itself.
Q Okay. So the entire latch?
Q Did you, uh, swab the interior release? Hood release.
A No, I did not.
Q Was it because you weren't told to or didn't think about doing it?
A Um, we weren't instructed to do that. I don't know what was done before that. Um, our focus was the hood latch and other specific areas.
Q Was it just one swab that you
Q Okay. So you didn't have to change your gloves then?
A I changed gloves from the time that I swabbed the door handles to the time that I went and did the hood latch.
Q When you opened the -- the hood latch, did you change gloves before you swabbed or you used the same gloves that you, uh, opened the hood latch?
A I think it was one process. You know, I probably released it, had the cotton applicator, and immediately did the swabbing of the hood latch.
Q Thank you.
ATTORNEY FREMGEN: Nothing else, Judge.
THE COURT: Any redirect, Counsel?
ATTORNEY KRATZ: That's all for this witness. Thank you.
THE COURT: You may step down.
ATTORNEY KRATZ: State would call Agent Kevin Heimerl to the stand.
THE CLERK: Please raise your right hand. KEVIN HEIMERL, called as a witness herein, having been first duly sworn, was examined
and testified as follows:
THE CLERK: Please be seated. Please state your name and spell your last name for the record.
THE WITNESS: Kevin Heimerl, H-e-i-m-e-r-l. DIRECT EXAMINATION
BY ATTORNEY KRATZ:
Q Good morning, Mr. Heimerl. Could you tell the jury, please, how you're employed?
A I'm employed with the Wisconsin Department of Justice, Division of Criminal Investigation.
Q And what are your duties with the Department of Justice?
A I'm assigned to the Arson Bureau. It's -- My primary assignment is to investigate fires. Um, but my duties also include assisting other bureaus within our agency in other types of investigations.
Q In that second regard, that is, assisting other agencies, were you asked on, um, November 5 and, uh, times after November 5, 2005 to assist in the investigation surrounding the death of Teresa Halbach?
A Yes, I was.
Q Tell the jury, please, how you first became involved in this investigation?
A On, uh, Sunday, I believe it was November 6, I was contacted at my residence, um, by Special Agent Fassbender, I believe, and was asked to respond to Manitowoc County to assist with the investigation, which I did. And I arrived in the early morning hours.
Q How was it that you first assisted in the investigation?
A I responded to the command post on Avery Road, uh, and met with Special Agent Fassbender, and Investigator Wiegert, and other investigators. Uh, received a briefing, um, as to what information had been obtained at that point, what some of the goals of the investigation were, and some of the activities that were taking place at the scene. I was then -- My initial assignment was to respond into the city of Manitowoc to conduct an interview with a citizen.
Q Agent Heimerl, of the seven or eight days of that, officers were involved in the, uh, search of -- at least the initial search of the Avery salvage property, how many of those days were you involved in those efforts?
A I was involved in the, uh, initial investigation at the scene for approximately the first week. Um, the majority of my time was spent conducting a neighborhood canvass, uh, of the area.
Q What is a neighborhood canvass?
A A neighborhood canvass is simply, um, going out and trying to make personal face to face contact with all individuals that reside in the immediate vicinity of the crime, um, or people that may work at businesses or locations in the immediate vicinity, um, and interviewing them and asking them if they have made any observations, seen or heard anything that they feel, or that investigators feel, may be somehow related to the investigation.
Q Directing your attention, then, to, um, the 7th, that would be Monday, the 7th of November, were you involved in, and did you participate in, search efforts of the Avery salvage property?
A Yes. I was assigned to, um, assist with the recovery of some evidence.
Q Describe for the Well, I'm going to have you look at, uh, a photograph, Exhibit No. 95. Tell the jury what it is that Exhibit No. 95 is?
A It's a photograph of a steel burn barrel. It was found in the, uh, front yard area of Steven Avery's residence.
Q And could you tell me where the burn barrel was located, please?
A The gravel driveway that you, um, see in the background behind the barrel, uh, is the access roadway, or a driveway to provide access to Steven Avery's trailer and his detached garage. This barrel is north of that driveway, um, and Steven Avery's trailer and garage are south of the driveway and to the right of the barrel as you're looking at the photograph.
Q Before you're completed, uh, Agent Heimerl, we'll look at some, um, computer-generated images. But as long as we're on, uh, this photo, uh, could you tell us, uh, what it is that we're looking at and what's located outside of, uh, this particular barrel? You might have a laser pointer up there if that's going to help you.
A Is it most convenient if I use the pointer?
Q I think -- Yeah.
A Uh, to the right of the barrel is, uh, a steel rim from a motor vehicle tire or wheel.
Q Did you have occasion, after, um, this particular burn barrel was turned over for your processing, to view the interior of the barrel?
A Yes, I did.
Q Okay. I'm going to show you what's been marked as Exhibit No. 96. Tell us what, uh, we're looking at, please?
A It's a photograph of the interior of the barrel, um, obviously looking down through the open top of it, um, and burned debris and so forth inside the barrel.
Q Now, when you looked into the interior of the burn barrel, uh, just through your training and _. experience as a law enforcement officer, and especially with your arson, um, training and experience, were you able to, uh, make any conclusions or identifications at that time?
A When I looked into the barrel, um, and without disturbing anything, I -- it was a apparent that, um, all of the material in the barrel had been involved in a fire. That a fired had occurred in the barrel. Um, but I did recognize, um, non-combustible items, metal objects, and what appeared to be possibly glass objects inside the barrel within this debris. In particular, um, I observed one item that appeared to be, um, a panel or a cover for a Motorola electronic device.
Q After making these observations, uh, Agent Heimerl, what did you do?
A I fully documented, uh, this scene through photographs, um, and, ultimately, the barrel and its contents were turned over to the custody of evidence technicians that were assisting with the investigation.
Q Um, sometime later, that is, uh, sometime after the 7th of November, were you involved in further processing of this barrel? Or was, in fact, that, um, assignment given to somebody else?
A Uh, that assignment was given to others, um, besides myself. I was not involved in that process.
Q You are familiar, are you not, with the processing of the barrel and what was found inside of it?
A Yes, I am.
Q I'm going to have you look at Exhibit No. 97. Show that to the jury. Tell us what it is that we're looking at, please?
A This is a photograph of, uh, components for three electronic devices that were ultimately recovered from that burn barrel, um, either by, uh, Crime Lab analysts with the Wisconsin State Crime Lab, or, um, the Federal Bureau of Investigation.
Q So these items were examined by, not only our State Crime Lab, but also were sent to Virginia to the FBI; is that right?
A That's my understanding, yes.
Q And Exhibit No. 97 is the totality, that is, all of the, uh, electronics as laid out on a table from your understanding; is that right?
A That's correct.
Q I'm going to jump ahead, uh, just a minute and hand you what's been marked as Exhibit No. 115. Tell us what Exhibit No. 115 is, please?
A This is a report, a two-page report, of examination completed by, uh, Mr. Curtis Thomas of the Federal Bureau of Investigation's laboratory. He is in a unit assigned to the Cryptographic and Electronic Analysis.
Q All right. Do you know what that means?
A Well, from the title, I, uh, can surmise that it involves the analysis of electronic devices and, uh, other things.
Q All right.
A That's not my specialty.
Q In that regard, though, and, um, in, uh, your review of Exhibit No. 115, the FBI report, was Mr. Thomas able to positively identify these electronic components that are, um, uh, shown in the photograph in Exhibit No. 97?
A Yes, he was.
Q Uh, we'll talk about the individual, um, uh, findings through some other photos, but, uh, if you could tell the jury, uh, what Mr. Thomas' findings were?
A Mr. Thomas was able to conclude that the components, um, depicted in the photograph, all came from the three electronic devices, which he was able to identify as a Canon A310 PowerShot digital camera, a Motorola RAZR cellular telephone, and a Palm Zire 31 PDA.
Q Let's go through those, uh, one at a time then. I'm going to show you Exhibit No. 98. Tell us what we're looking at, please?
A This is a closer photograph of one of those components, which happens to be the front cover plate for a Motorola cellular telephone.
Q And just so the jury understands, these are close-up photographs of the items that were recovered, processed, and eventually identified from that burn barrel outside of Mr. Avery's, uh, trailer; is that correct?
A That is correct.
Q Uh, the FBI was able to compare some of these components to what a new, or a, uh, identical model Motorola V3 RAZR phone looked like? Is that your understanding?
Q I show you what's been received -- excuse me marked as Exhibit No., um, 99. Tell us what that is, please?
A This is a photograph of two components. The one on the left being the same component we saw in the previous exhibit, the front cover plate for that Motorola RAZR cellular telephone, and it's next to an exemplar telephone of the same, uh, brand and model.
Q All right. Basically, to show the jury where that component comes from on a, uh, a -- a non-damaged or non-burned phone; is that right?
Q Exhibit 100?
A Again, this is another comparison photograph, um, of the damaged component that was recovered from the burn barrel next to an exemplar of the Motorola RAZR phone.
Q These were -- To your understanding, they're prepared by the FBI; is that right?
A Correct .
Q And, finally, uh, Exhibit No. 101?
A Again, this is a demon -- a demonstration photo with the, uh, component on the left being the fire damaged, um, keypad, if you will, for the corresponding, um, Motorola cellular phone. Again, the object on the left was recovered from the burn barrel.
Q This same process, that is, the identification process, occurred with the, um, camera that was recovered from Mr. Avery's burn barrel? That is, the Canon, uh, PowerShot A310? I think you testified to that. But I'm going to show you Exhibit No. 102. Tell us what we're looking at, please?
A That is a photograph of one of the components for that Canon A310 PowerShot digital camera, and, uh, the etched or, um, embossed wording, uh, is visible and ides -- identifies it as a PowerShot A310.
Q As I zoom in, you probably don't have to be an expert to do this, but you can see it says PowerShot A310; is that right?
A That's correct.
Q Agent Heimerl, throughout the, um, search of this property, um, and throughout, uh, the investigation, were you asked on occasion to assist in post-recovery analysis? That is, analysis of items that had been recovered from the Avery property?
A Yes, I was.
Q Specifically, the -- what's been, um, referred to as the burn area or the burn pit behind Mr. Avery's garage, were you at some point asked to assist in the sorting or sifting process, uh, of those items?
A Yes, I was.
Q Could you describe that process for the jury, please?
A During the initial week of the on-scene investigation, other investigators recovered a large amount of burned debris and material from locations on the Avery property. Specifically, um, a large burn pit or burn area directly behind Steven Avery's residence, um, and, it's my understanding, as well as other areas where burned debris had been found. Um, in addition to that, several burn barrels, to include the one from the front yard of Steven Avery's residence, were recovered from the scene, and removed from the scene, and all of this material was initially taken to the Calumet County Sheriff's Department. Subsequent to that, the burned debris and material, um, underwent a very detailed examination to attempt to recover any other potential evidence from that material.
Q What kind of evidence was, uh, law enforcement-:. looking for at that time?
A We, myself and other investigators, were looking for, number one, any, um, items that we readily recognized or believed could be human remains. Uh, other materials that we felt may have, um, been related to clothing or electronic devices. Um, we were looking for potential weapons, um, bullet fragments, bullet casings, any items that we felt may be relevant to the death of Teresa Halbach.
Q This process, this sifting and sorting process, um, I'm just going to show you Exhibit, uh, No. 103. First of all, tell us what it is that we're looking at?
A This is a photograph that was taken in the basement of the Wisconsin State Crime Lab in Madison.
Q And what, uh -- what does it depict? And if you need to use the laser pointer, go ahead.
A This de -- depicts, um, basically, the process or the . system,
um, that we implemented to begin examining . . . .-: this debris. And
this examination occurred over the-:. course of four days. The first two days in Madison at this location, and the following two days in April of 2006 at the Sherrif's Department in Calumet County. And, uh, what we had, um -- The -- the individuals in this photograph include Investigator Wiegert, myself, Special Agent Pevytoe, and, I believe, uh, the individual in the back may be, uh, Special Agent Holmes or Special Agent Sielehr with DCI, but on this occasion in Madison what we did was we happened to utilize, um, sections of scaffolding, that happened to be in the basement, because of certain rem -- remodeling that was occurring, and they proved to be very suitable for our process. We would raise the scaffold planking or table, if you will, to approximately waist to chet -- chest height, so it made it, uh, more conducive to standing and working, um, in close eyesight. They were covered with tarps. We had supplemental lighting. And the process included bringing a small quantity of debris onto the table in front of you, and utilizing a variety of tools or instruments, such as wooden skewers, or wooden picks, um, maybe putty knives or brushes. We would very thinly and finely layer out the - the debris, and this debris includes soil, um, and sand, and burned ash and non-burned, or, um, burned non-combustible items. We would layer it out and sift it, if -- if you will, but not with sifting screens, but, visually, examine it very closely and pick out items that we felt may be human remains, bone material, uh, potentially dental remains, and other non-combustible items, metal items that were left behind in attempt to determine what they were, and if they were relevant to what we were looking for.
Q Do you know an individual by the name of Dr. Leslie Eisenberg?
A Yes, I do.
Q Who is that?
A Dr. Eisenberg is a forensic anthropologist with the state of Wisconsin.
Q Is Dr. Eisenberg involved in this process?
A Yes, she was.
Q Could you describe -- and we'll hear from Dr. Eisenberg later this week -- but can you describe how she may have been involved in overseeing this process with law enforcement?
A She was present with us on the first day in December of 2005 in Madison at the Crime Laboratory, and was involved in, uh, the planning, if you will, and the im -- implementation of this process and assisted alongside of us in going through the same procedure. Um, and if an investigator were to recover an item that they felt was potentially, uh, bone fragments, she was there and available to make a better determination if it was or if it was not.
Q You talked about, uh, bone and other items of evidentiary value. Did those include any metal items?
Q And could you describe that for the jury, please?
A There were numerous metal items that were found among this debris, and that included, uh, ammunition casings, um, miscellaneous items of steel, um, steel belting from tires. Um, in particular, I recall there was a zipper pull recovered. There were clothing rivets recovered. Batteries. Um, quite a wide variety of materials.
Q The clothing rivets, uh, specifically -- I'm going to show you Exhibit No. 104. Ask you to tell the jury what it is that we're looking at?
A This is a close-up photograph of a clothing rivet, which is identified, um, through stamping on the head of the rivet with the name Daisy Fuentes.
Q Were you involved in the recovery of any of these Daisy Fuentes clothing rivets from, uh, this sifting process?
A Yes, I was.
Q Are you aware of how many Daisy Fuentes rivets were recovered throughout the entire process?
A There were five of these same rivets recovered.
Q I'm going to have Mr. Wiegert show you, uh, just as an example, what's been marked as Exhibit No. 112. Ask you to tell the jury what that is, please?
A This is one of those rivets, as identified in this photograph, that was recovered from that burned debris.
Q Repackage it. Thank you. Mr., uh -- Or Agent Heimerl, on March 1 of 2006, were you made aware of the application and receipt of a search warrant for not only the residence, but the garage of Steven Avery?
A Yes, I was.
Q Tell the jury how, if at all, you were involved in the execution of that search warrant?
A On the afternoon of March 1, or in the morning hours, I was contacted by Special Agent Fassbender, and informed that additional information had been gathered or gained through the ongoing investigation, uh, which included statements from Brendan Dassey, and as a result of those statements, investigators, um, sought and received a search warrant to return to Steven Avery's residence and garage to look for and potentially collect any additional evidence that investigators felt may be present as a result of this new information.
Q Could you first describe for the jury an overview of the garage? What was it that you saw upon your arrival on the 1st of March? And, by the, way, this was, uh, later -- uh, later on? Early evening? That is, after Mr. Dassey made his statement? Is that your understanding?
A That's correct. Uh, investigators arrived at the property in the late afternoon hours. I believe approximately 4 to 4:30 p.m. Um, the investigators were divided into two separate teams, if you will. Uh, one team was responsible for conducting the search of Steven Avery's residence. The second team, which I was a part of, was assigned to conduct the search of the detached garage. When we arrived, um, initially, I photographed the exterior of the garage. I noted that the personnel door, um, the walk-through door on the north side of the garage, was locked with a padlock. We made arrangements to make entry into the garage by cutting that padlock. - When that was completed, uh, the first thing that was done was the interior of the ' garage was videotaped. Um, on that day there was, uh, snow on the ground. A relatively good quantity of snow. The overhead garage door was ultimately opened. Um, there was a passenger vehicle that was found parked inside the garage. And after the videotaping was completed, I then, um, conducted photography of the entire interior of the garage, uh, just documenting in an overview fashion of the -- what the interior of the garage looked like. We then, basically, um -- four investigators that were present, uh, which included myself, Investigator John Dedering from Calumet County, Investigator Gary Steier of Calumet County, um, and, eventually, Detective Dave Remiker of Manitowoc County, assumed, um, general responsibilities as working as this as this team, and came up with a a plan, if you will, uh, or objectives as to how we were going to go about searching the garage.
Q I'm going to show you Exhibit No. 105, and ask you if you can describe what it is that we're looking at here?
A This is a photograph of the interior of Steven Avery's garage, obviously with the overhead garage door open. Uh, as I took this photograph, I was standing north of the front of the garage in front of the overhead garage door. This was taken at a point in the evening in which we had done a cursory search, if you will, of the interior of the garage, looking for any readily recognizable items of evidence that we knew, based on Brendan Dassey's statements, that we should be looking for. Some of those had been ad -- identified. Um, the vehicle has been removed at the, uh, time of this photograph, and we have identified with some of these yellow photographic markers, numbered markers, um, the location of some items of evidence that had been found to that point.
Q Had you been informed, and was one of the items that you were looking for in this, uh, garage, uh, a item of, uh, paint thinner?
Q Let me show you what's been marked as Exhibit No. 106. Ask you if you can tell me what we're looking at here, please?
A This is a photograph of a plastic bottle or jug of paint thinner that was found on the workbench at the rear or south side of the garage in a central area of the south wall.
Q Was another specific item that you were looking for and, uh, included, um, in Mr. Dassey's statement, something called a roller creeper?
Q And can you tell the jury, and those jurors that may not know what that is, what is a roller creeper?
A I don't have much experience in the automotive work, but I understand a roller creeper is a piece of equipment that, um, if you will, is a bench, a padded bench often, um, that rests on wheels to allow a person to lay on their back on this bench and roll themselves underneath a motor vehicle so they can conduct work on the under -- underside of the vehicle.
Q Were you able to locate a roller creeper within Mr. Avery's garage?
A Yes, we did.
Q Let me show you what has been marked as Exhibit No. 107. Tell us what we're looking at, please?
A That is a photograph of a roller creeper with the name, uh, labeled on the face of it as a Black Jack brand creeper. This was found in this location which is, um, in the central area of the south wall, basically in the middle of the garage, all the way at the rear of the garage.
Q Just so that before I leave this photo, just to the right of the roller creeper is a green object that has some wheels on it. Do you know what that is?
A Yes, I do.
Q What is that?
A The green cylindrical object, uh, behind and to the right of the creeper is an air compressor, and it has numerous additional miscellaneous items stacked on top of it.
Q Now, the -- I'm going to go back to Exhibit No. 105. When we look at the stuff in that garage during the 1st and 2nd of March, were each of those items removed and thoroughly searched?
A Yes, but not -- I don't know if re -- removed is, um, a term I would use. We did not physically remove them from the garage. But
Q They They are moved?
A Yes. Our course of action, uh, beginning on March 1, um, was to physically, visually examine virtually every item within that garage, um, looking for any potential relevance to the investigation based on the statements we had received from Brendan Dassey. Um, examining these items to determine if we could see any visible biological evidence or other forms of trace evidence. And in doing so, we began at the -- in this photograph, the front left corner, which would have been in the, uh, northeast corner of the garage, and we proceeded south along the east wall picking up and moving every object. And in most cases, there were multiple objects stacked on top of, say, a snowmobile or a shelf. Each item was picked up, moved, turned over, examined, and set aside. And we'd move onto the next object. We proceeded south along the east wall to the corner, and then along the south wall, um, from left to right in this photograph, and, ultimately, finishing on the following day, March 2, coming up along the west wall.
Q Agent Heimerl, once again, based upon statements of Mr. Dassey, uh, were you looking for, and did the search warrant authorize, a search for bullets or bullet fragments?
A Yes, it did, and we were looking for those items.
Q I'm going to have you, before I leave this, uh this photograph, point out for the jury, uh, what's called Evidence Tent No. 9. Could you tell the jury where that's located?
A No. 9 is located just behind -- The white is the snowbank on the outside of the garage. And just behind there, in the right half of the photograph, is Marker No. 9.
Q I show you, now, what has been marked as Exhibit No. 108. Tell the jury what we're looking at, please?
A This is a photograph, again, of, uh, evidence, or Photo Identification Marker No. 9, taken from standing above it. You can see a crack in the concrete traveling right underneath the marker. Just in front of that marker edge, right where the cursor is now, there's a small, cylindrical, gray object that was ultimately recovered and found to be a bullet, or a portion of a bullet.
Q Mr. Wiegert just handed you, also, uh, what's now been, uh, marked as Exhibit No. 114. It's a a package, and although it, uh, contains, um, an item of evidentiary value with a biological, or potentially biological, material on it, and I'm not going to ask you to open it, can you tell us what Exhibit 114 is?
A This is identified as a bullet fragment, and the date for the recovery is 3/1/06.
Q Is this the bullet fragment that is depicted in Exhibit No. 108, uh, next to, uh, Exhibit -- Tent No. 9?
A I believe it to be, yes.
Q Agent Heimerl, I'm now going to show you what has been marked for identification as Exhibit No. 109. Tell us what that is, please?
A This is a photograph that was taken on March 2, the second day of our search. From the previous photograph of the overview of the garage that we looked at, um, directly at the back of the garage in the central area of that south wall, we saw the Black Jack creeper and the green air compressor. In that previous photograph, the green air compressor was directly adjacent to the left side of a large rolling tool chest, which we see in the upper right corner of this photograph. The air compressor, and all of the materials were stacked on top, have obviously been removed for this photograph, and Marker No. 23 identifies a bullet which was found under that air compressor near that back wall in the garage.
Q I show you, now, Exhibit No. 110. Tell us what we're looking at here, please?
A This is a close-up photograph of that same Marker No. 23. Also, in the photograph, is a -- a scale or a ruler. Between the number four and number five on the ruler, just above the edge of the ruler, is a round object which is the bullet that was located underneath the air compressor.
Q By the way, this bullet, uh, that it was next to Tent No. 23, and also the bullet next to Tent No. 9, uh, were those recovered by your, um, evidence recovery team and, thereafter, sent to the Wisconsin State Crime Laboratory for further analysis?
A Yes, they were.
Q Just to complete the discussion of this particular bullet, um, I'm going to show you photograph 111, ask if you're able to identify that? And Mr. Wiegert's going to also hand you Exhibit No. 113 to assist you in describing photograph (noise) as well.
A The photograph is a a photograph of the same object, evidence bag that I'm holding, uh, Evidence Tag No. 8623, which identifies the contents as a bullet fragment that was collected on March 2, 2006.
Q And so that the record is clear, the photo, uh, of the bullet fragment, what the jury is looking at on their screen, is, uh, Exhibit No. 111. The package, itself, the bullet, itself, if you will, is Exhibit No. 113. Is that your understanding?
Q I'm just going to take a moment to show you a couple of exhibits. This is Exhibit 77 that has already been received. It's a computer- generated image created by Trooper Tim Austin. Um, does this exhibit assist you, or will it assist you, in describing for the jury where those two bullets were found?
Q Why don't you take your laser pointer and tell the jury?
A The first bullet that I described, which was in the crack of the concrete, is in the area of the No. 9 marker in the foreground of the garage; The second bullet bullet that we just discussed, No. 23 marker, was found at the rear, or south side of the garage, directly next to the tool chest. Um, I believe the black rectangular object here is meant to depict the location of the creeper. What is not identified in that photograph is the location or the presence of the green air compressor.
Q And the last, uh, exhibit that I want to show you has been received as Exhibit No. 67. Does this contain the, um, burn barrel, and will this assist you in describing where that was recovered and processed by you?
Q Would you just describe that for us, please?
A This is, uh, Steven Avery's trailer. His detached garage. Here's the gravel roadway that I described earlier. And this is the burn barrel that was ultimately recovered that contained the burned electronic components.
Q Contained the, um, Motorola, um, V3 RAZR phone, the Canon PowerShot A310 camera, and the Palm Zire 31 PDA. Is that your understanding?
A That's correct.
Q And, again, that is verified and, um, positively identified by FBI and also Mr. Thomas; is that right?
ATTORNEY KRATZ: With that, Judge, I'm going to move the admissions of Exhibits 95 through 114, and I have no further questions of Agent Heimerl.
THE COURT: All right. Is there any objection to these exhibits?
ATTORNEY FREMGEN: No, Judge.
THE COURT: Since there are none, the exhibits will be received. I think, uh, this is an appropriate time to take a morning break. We'll take a 15-minute recess. (Recess had at 10:04 a.m.) (Reconvened at 10:29 a.m.)
THE COURT: I think we've reached the point where this witness is set for cross-examination. Mr. Fremgen?
ATTORNEY FREMGEN: Judge, I think the State wanted to -- Did -- Didn't you want to include 115 in that offer?
ATTORNEY KRATZ: We did.
THE COURT: Right. Uh, no objection to 115?
ATTORNEY FREMGEN: No.
THE COURT: Received. Go ahead, Mr. Fremgen. CROSS-EXAMINATION