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Steven Avery & Brendan Dassey Case ArchiveCase No. 05 CF 381

Steven Avery

State of Wisconsin v. Steven A. Avery — the February–March 2007 trial concerning Teresa Halbach's death.

Date
February 12 - March 18, 2007
Judge
Patrick L. Willis
Court
Manitowoc County Circuit Court, Wisconsin
Charges (3)
Count 1First-degree intentional homicideGuilty
Count 2Mutilating a corpseNot guilty
Count 3Possession of a firearmGuilty
27Trial Days
59Witnesses
301Proceedings
42,809Lines

February 2007

MonFeb 12
Day 1Preliminary Instructions, Opening Statements, and First Witnesses→

The court gave preliminary instructions, and both sides presented opening statements. Michael Halbach, Thomas Pearce, and David Beach testified about Halbach’s work, the search for her, and her reported visit to Avery Salvage Yard.

TueFeb 13
Day 2Opening Rulings, Auto Trader Appointments, and RAV4 Discovery→

The court found no prohibited statements in the defense opening and excluded a separate statement offered through Dawn Pliszka. Auto Trader witnesses described Halbach’s October 31 appointments, while other witnesses addressed her visits and the search for her. Pamela Sturm testified about finding a vehicle marked RAV4 at Avery Salvage Yard.

WedFeb 14
Day 3Sturm and Dassey Testify; Court Denies Mistrial; Austin Explains Scene Models→

Sturm and Dassey testified about the RAV-4 and events at the salvage yard. The court denied a mistrial request concerning Dassey’s testimony, and Austin explained his scene models and their limits.

ThuFeb 15
Day 4Bobby Dassey's Testimony, Property Searches, and RAV4 Scene Security→

Bobby Dassey addressed Halbach's visit and a garage exchange. Officers described property searches, the Avery Road roadblock, and security around the RAV4. The court also heard a stipulation about Mike Osmunson's expected account and reserved ruling on a garage log.

FriFeb 16
Day 5Brutus Search Testimony, Avery Property Searches, and License Plates→

Julie Cramer testified about Brutus’s alerts and the limits of what they could identify. Thomas Fassbender described the property searches and faced questions about search assignments, the Toyota key, and DNA findings; two other witnesses testified about folded license plates found in a station wagon.

MonFeb 19
Day 6Ertl’s Scene Work, Burn-Barrel Testimony, and Tyson’s Search Account→

John Ertl testified about crime-lab searches and limits on blood screening and burn-pit documentation. David Siders described apparent cell-phone parts in a burn barrel, William Tyson described vehicle security and residence searches, and the court addressed exhibit admissions.

TueFeb 20
Day 7Tyson's Search Testimony, Colborn's Key Account, and Lenk's Search Role→

William Tyson testified about the residence search and limits on his oversight of Manitowoc officers. Andrew Colborn described the discovery of a Toyota-emblem key and was questioned about a recorded plate inquiry; James Lenk described the counties' search roles.

WedFeb 21
Day 8Lenk on the Key, Remiker on the RAV4, and Garage-Search Evidence→

Lenk described finding a key beside Avery's bedroom cabinet and was questioned about its appearance, a possible blood vial, and his search accounts. Remiker testified about the early searches, the RAV4, and a later garage bullet fragment. Kucharski began describing the November garage search and its shell casings.

ThuFeb 22
Day 9Kucharski’s Search Testimony, Juror Challenge, and March Garage Evidence→

Kucharski testified about the November garage search and a bedroom key he did not see until Lenk pointed it out. The court retained a juror after questioning her about a prior case involving Remiker. Steier and Heimerl described the March garage search and two bullet fragments.

FriFeb 23
Day 10Juror Decisions, Search Motion, and DNA Testimony→

The court retained one challenged juror, excused another, and reserved a decision on Avery’s renewed search-suppression motion. Katie Halbach, Ronald Groffy, and Sherry Culhane testified about clothing and a lanyard, vehicle photographs and presumptive blood tests, and DNA results.

MonFeb 26
Day 11Culhane’s DNA Testing and Stahlke’s Bloodstain Testimony→

Sherry Culhane was questioned about DNA findings, the bullet test’s contaminated control, and the handling of Avery’s buccal swabs. Nick Stahlke described vehicle bloodstains, while the court limited a proposed opinion about a photographed cut and required notice of further evidence of the kind raised in the swab questioning.

TueFeb 27
Day 12Fire Testimony, Phone Records, and Deferred Voicemail Decision→

Witnesses testified about the burn barrel, bonfire, RAV4 bloodstains, and October 31 calls. Earlier accounts and conflicting call-duration entries drew questioning. The court deferred decisions on the renewed bullet-testing motion and proposed voicemail-access evidence.

WedFeb 28
Day 13Burn-Pit Recovery, Dental Comparison, and Bone Examination→

Sturdivant described the burn-pit search and its documentation limits, Simley gave a qualified dental comparison, and Eisenberg testified about bone fragments and skull defects. Karen Halbach described family contact and concerns after Teresa missed work.

March 2007

ThuMar 1
Day 14Bone Analysis, Burned Electronics, and Firearms Examination→

Leslie Eisenberg qualified her identification of quarry bone and explained her burn-site opinion. Curtis Thomas identified burned device parts and described limits on data recovery. William Newhouse gave differing conclusions for two bullets and was questioned about his comparison methods and documentation.

FriMar 2
Day 15Olson's Lead Findings and Jentzen's Gunshot-Wound Opinion→

Kenneth Olson reported elemental lead near defects in two cranial fragments but could not link it to item FL. Jeffrey Jentzen gave his opinion that Teresa Halbach died from gunshot wounds to the head, while acknowledging that the bones could not establish whether the wounds occurred during life.

MonMar 5
Day 16EDTA Testimony, Admissibility Ruling, and Independent Testing Motion→

Marc LeBeau testified about EDTA testing of RAV4 bloodstain swabs and Avery’s stored blood. The court admitted his expert opinion and denied the defense request for sequential independent testing.

TueMar 6
Day 17Blood Evidence Preservation, Clerk’s Office Access, and EDTA Testing→

The court discussed preserving RAV4 blood evidence, Clerk of Court Lynn Zigmunt testified about access to Avery's 1985 case file, and FBI chemist Marc LeBeau testified about EDTA testing and its limits.

WedMar 7
Day 18Burn Pit Findings, Fingerprint and Voicemail Testimony, and Wiegert's Cross-Examination→

Pevytoe testified about burn pit material and limits on what he could infer from it. Riddle addressed RAV4 fingerprints; Zimmerman and Michael Halbach addressed voicemail records and access. Wiegert testified about the investigation and a blood vial retrieved from a court file, after which the State said it intended to rest subject to exhibit matters.

ThuMar 8
Day 19Renewed Motions, Defense Testimony, and Coroner Ruling→

The court heard renewed search, acquittal, and forensic-testing motions without ruling. Defense witnesses described a woman photographing a van, an unidentified green SUV, and earlier rifle use near the garage. The court later excluded proposed testimony about the Manitowoc County coroner’s involvement in the investigation.

FriMar 9
Day 20EDTA Testing, Burn-Site Testimony, and Reported Van Sighting→

Janine Arvizu questioned what the FBI’s EDTA non-detections could establish. Scott Fairgrieve testified that burned bones had been moved but could not identify an original burn site. Mark Wiegert addressed the uncertain date and identity in Lisa Buchner’s reported van-photography sighting.

MonMar 12
Day 21False-Imprisonment Count Dismissed; Jurors Questioned; Evidence Closes→

The court denied renewed fair-testing and suppression motions, dismissed the false-imprisonment charge, and questioned seated jurors about outside contact. Avery chose not to testify; the defense rested, the State offered no rebuttal, and the court denied a renewed motion to dismiss the remaining counts.

TueMar 13
Day 22Jury Instruction Rulings, Fairgrieve Report Issue, and Juror Challenge→

The court resolved jury instruction requests, declined a separate instruction concerning Dr. Fairgrieve's written report, and again denied a request to remove a seated juror.

WedMar 14
Day 23Jury Instructions, Closing Arguments, and Juror Excusals→

Judge Willis instructed jurors on the three remaining charges. The State and defense began closing arguments over the vehicle, burn-site, and DNA evidence; the court deferred the remaining arguments and excused two jurors.

ThuMar 15
Day 24Closing Arguments, Jury Instructions, and Exhibit Withdrawals→

Dean Strang finished the defense closing, and Kenneth Kratz gave the State's rebuttal. The court instructed jurors on three charges and, during deliberations, withdrew four photograph exhibits by stipulation while deferring a request concerning three physical exhibits.

FriMar 16
Day 25Alternate Juror Returns; Court Instructs Jury to Start Over; Jury Requests Dassey Testimony→

After a juror was excused for a family emergency, the court recalled an alternate and instructed the jury to begin deliberations anew. The jury later requested Bobby Dassey’s testimony, and the court proposed inviting a more specific request rather than providing the full transcript.

SatMar 17
Day 26Jury Hears Readback of Culhane's Rifle DNA Testimony→

The jury heard a readback of Sherry Culhane's earlier testimony about DNA testing of the rifle, including the scope of her swabbing for Avery's DNA.

SunMar 18
Day 27Jury Verdicts and Post-Verdict Judgments→

The jury found Avery guilty of first-degree intentional homicide and firearm possession, and not guilty of mutilating a corpse. The court entered judgments on the verdicts, subject to further rulings on post-trial motions.