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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayKenneth R. KratzDean A. StrangDavid BeachMichael Daniel HalbachThomas Pearcecharge_conferencejury_instructionsopening_statementdirectcrossredirectDay 1 - February 12, 2007The 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.
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Day 1 - February 12, 2007

Preliminary Instructions, Opening Statements, and First Witnesses

Judge Patrick L. Willis
15Proceedings
10Pages
3Witnesses
756Lines
Day 1 of 27
Appearing:
Kenneth R. Kratz Dean A. Strang David Beach Michael Daniel Halbach Thomas Pearce

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.

Full day summary

The court accepted Avery’s stipulation to a prior felony conviction after finding that he knowingly and voluntarily waived jury determination of that element of the firearm charge. For the preliminary instructions, the court substituted “another” for Brendan Dassey in two party-to-a-crime counts and deferred proposed unanimity language. Judge Willis instructed jurors on the charges and trial rules. After the State’s opening, he repeated the presumption-of-innocence instruction at the defense’s request, agreeing that a statement in the opening had been technically incorrect. Kratz outlined the State’s allegations about Teresa Halbach’s death and previewed expected vehicle, DNA, remains, and witness evidence. Strang argued that Halbach left the Avery property, while acknowledging that he did not know where she went afterward. He challenged the investigation and alleged that evidence had been planted or its discovery was unreliable. Michael Halbach testified about his last contact with his sister and the family’s search. Thomas Pearce described her photography work and his unsuccessful calls to her. David Beach testified that, while searching for Halbach, he spoke with Avery at the salvage yard about her visit.

1. Felony-Status Stipulation and Jury-Trial Waiver

Steven Avery stipulated to a prior felony conviction and waived a jury determination of that element of the felon-in-possession charge.

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Procedural
Call of Case and Opening Logistics
10 lines
Procedural
Felony-Status Stipulation and Jury-Trial Waiver
23 lines

Avery waived jury trial on the felony-conviction element of the firearm charge, and the court accepted his stipulation after a rights colloquy.

Highlights

Felony-Status Stipulation and Jury-Trial WaiverrulingThe court found Avery's waiver knowing and voluntary and accepted the stipulation; the State also accepted it.

2. Preliminary-Instruction Conference on Party-to-the-Crime Language

The court adopted “another” in the opening party-to-a-crime instructions but left out the proposed unanimity language pending fuller consideration.

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Charge Conference
Preliminary-Instruction Conference on Party-to-the-Crime Language
28 lines

The court replaced Brendan Dassey's name with “another” in the preliminary party-to-a-crime instructions but deferred disputed unanimity language.

Highlights

Preliminary-Instruction Conference on Party-to-the-Crime LanguagerulingFor the opening instructions, the court retained the defense's format but substituted “another” for Brendan Dassey in the two party-to-a-crime counts.

3. Court’s Preliminary Jury Instructions

Judge Willis gave preliminary jury instructions on evidence, juror conduct, and the presumption of innocence.

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Jury Instruction
Court’s Preliminary Jury Instructions
11 lines

The court gave preliminary instructions on juror conduct, evidence, reasonable doubt, and four charged offenses before opening statements.

4. State’s Opening Statement

Kenneth R. Kratz opened the State’s case by outlining its allegations about Teresa Halbach’s death and previewing the evidence it expected to present.

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Opening
State’s Opening Statement Kenneth R. Kratz
30 lines

Kratz previewed the State's theory of Halbach's death and the vehicle, DNA, remains, firearm, and witness evidence it expected to present.

Highlights

State’s Opening StatementotherKratz outlined the State's allegation that Avery restrained, killed, and mutilated Teresa Halbach after her October 31 photography appointment.State’s Opening Statement“On Monday, October 31st, 2005, beginning at approximately 2:45 p.m., the State intends to prove to you that the defendant restrained, murdered, and mutilated a 25 year old photographer named Teresa Halbach.”— Kenneth R. KratzKratz stated the State's central allegation as expected proof, not established fact.

5. Presumption-of-Innocence Correction Ruling

Before the defense opening, Judge Willis agreed to repeat the presumption-of-innocence instruction after Strang objected to Kratz's wording in the State's opening.

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Procedural
Ruling on Presumption-of-Innocence Correction
8 lines

The court agreed that the State's opening had misstated the presumption of innocence and ordered a repeat instruction before the defense opening.

6. Renewed Presumption-of-Innocence Instruction

Before the defense opening on Day 1, the court reread the presumption-of-innocence instruction.

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Jury Instruction
Renewed Presumption-of-Innocence Instruction
1 lines

The court repeated the presumption-of-innocence and reasonable-doubt instruction before the defense opening.

Highlights

Renewed Presumption-of-Innocence Instructionjury eventAfter a question arose during the break, the court reread the presumption-of-innocence instruction before the defense opening.

7. Defense Opening Statement

Dean Strang argued that Teresa Halbach left the Avery property after her Auto Trader appointment and previewed the defense's challenges to the evidence.

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Opening
Defense Opening Statement Dean A. Strang
52 lines

Strang argued that Halbach left the Avery property and previewed the defense's challenges to the investigation and physical evidence.

Highlights

Defense Opening StatementotherStrang disputed the State's account of Halbach's appointment, argued that she left the yard, and acknowledged uncertainty about where she went afterward.Defense Opening Statement“Now, somebody clearly sees her later. We don't know who, I don't know where, I don't know when.”— Dean A. StrangStrang paired the defense's departure theory with an express limit on what he claimed to know.Defense Opening StatementotherStrang argued that Manitowoc officers remained involved despite an apparent conflict and challenged the searches preceding discovery of the key and garage bullet.

8. Michael Daniel Halbach — Direct/Cross

Michael Halbach described Teresa’s RAV4 and the family’s search; on cross-examination, he addressed his voicemail access and uncertain recollection of her belongings.

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Direct
Michael Daniel Halbach — Direct Michael Daniel Halbach Kenneth R. Kratz
160 lines

Michael Halbach identified Teresa and her RAV4, described the family's search after she went missing, and authenticated ten admitted exhibits.

Cross
Michael Daniel Halbach — Cross Michael Daniel Halbach Dean A. Strang
164 lines

Strang questioned Michael Halbach about the family's search, his voicemail access, and what he recalled of Teresa's keys and belongings.

Highlights

Michael Daniel Halbach — Directtestimony highlightMichael Halbach testified that he last saw Teresa at a family gathering on October 30, 2005.

9. Thomas Pearce — Direct/Cross/Redirect

Thomas Pearce testified about his work with Teresa Halbach, her Auto Trader photography, and his attempts to reach her after she did not appear at their studio.

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Direct
Thomas Pearce — Direct Thomas Pearce Kenneth R. Kratz
62 lines

Thomas Pearce described Halbach's photography work, his last contact with her, and the calls he made after she did not appear at their shared studio.

Cross
Thomas Pearce — Cross Thomas Pearce Dean A. Strang
78 lines

Pearce clarified his knowledge of Halbach's phone and studio keys, recalled three days of full voicemail, and described unidentified calls she considered a nuisance.

Redirect
Thomas Pearce — Redirect Thomas Pearce Kenneth R. Kratz
19 lines

Pearce described himself as Teresa's good friend and colleague; the court barred a follow-up question as beyond the scope of redirect.

Highlights

Thomas Pearce — Directtestimony highlightPearce says he last saw Halbach on the Saturday before October 31. He recounts her absence from the studio, unsuccessful calls to her full voicemail box, and his Thursday call to her mother, Karen.

10. David Beach — Direct/Cross

David Beach testified about his search for Teresa Halbach's Toyota and his conversation with Steven Avery at Avery Salvage Yard.

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Direct
David Beach — Direct David Beach Kenneth R. Kratz
41 lines

David Beach described searching for Teresa Halbach's vehicle and recounted what Steven Avery told him about her visit to the salvage yard.

Cross
David Beach — Cross David Beach Dean A. Strang
69 lines

Beach described an incidental visit to Avery Salvage Yard and answered questions about Avery's manner, account of Halbach's visit, and reported direction of the RAV4's departure.

Highlights

David Beach — Directtestimony highlightBeach identifies Avery as the second person he spoke with at the yard and recounts Avery saying Halbach had been there around 2 p.m. to photograph a vehicle.David Beach — Direct“He said that she was there; roughly about 2:00 in the afternoon.”— David BeachBeach's account of what Avery said about the time of Halbach's visit.
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