9.Thomas Pearce — Direct/Cross/Redirect
159 linesCOURT CLERK: Raise your right hand, please.
THOMAS PEARCE, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated.
THE COURT: You may proceed, Mr. Kratz.
COURT CLERK: Please state your name and spell your last name for the record.
THOMAS PEARCE: Thomas Pearce, P-e-a-r-c-e.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Pearce, how are you employed?
THOMAS PEARCE: I'm sorry?
MR. KRATZ: How are you employed?
THOMAS PEARCE: I'm self-employed.
MR. KRATZ: Can you tell the jury in what capacity?
THOMAS PEARCE: I'm a professional photographer. I have my own studio.
MR. KRATZ: Did you know a young woman by the name of Teresa Halbach?
THOMAS PEARCE: Oh, yes, I did.
MR. KRATZ: Can you tell the jury how you first became knowledgable about Ms Halbach?
THOMAS PEARCE: It was in January of 202 (sic), through an internship program through the university. She approached me to do an internship through the university and I took her on as an intern. And from there on, through the internship program which ends when she graduates, I saw that she was an exceptional person in photography and for her age, that I asked her to stay on and work through my studio or with me doing weddings and portraits.
MR. KRATZ: What university was this?
THOMAS PEARCE: University of Green Bay.
MR. KRATZ: I think you mentioned that you had seen something in her that actually made you offer her a job; can you tell us what that was?
THOMAS PEARCE: Well, you know, in this field, you see -- and I have worked with other interns and some of them do have the drive, the passion, the want and knowing that -- Being a photographer, a lot of people think it's very easy. It's a lot of hours. It's a lot of dedicated work.
And she had that and I haven't seen that in many people in a lot of years. And I was impressed with that. She knew the responsibility, the sacrifices it took. And she was eager to learn. She was consistently asking questions and from -- doing different projects and so on. So I was very impressed with her and that's why I asked her to stay on.
MR. KRATZ: Was she technically good at what she did?
THOMAS PEARCE: Yes. The university -- I also went to school, but not here in Green Bay. They teach you the book. And how should I say, you should know the rules before you know how to break them. And that's part of out in the field.
And that's why I think the internship program is a good program. Because it has -- In many different fields, people come out and see what it's really like in everyday life and not so much how the book says it. But you have got to know the book, but you have to break the rules when you are out there.
MR. KRATZ: After offering Teresa a job, or employment through your studio; how long did that last and did that evolve into some other business relationship.
THOMAS PEARCE: As far as working for me, or I should say really with me, she was a go-getter, like I said, she had that passion. And I looked and as a -- when you are a staff photographer for someone, you have got to abide by their ways of doing things, their policies, because you are working for them, so you have to do stuff their way.
Well, I didn't want to hold her back because she was incredibly involved and had that passion for this. So, on the other hand, I didn't want to not lose her, but have her go out and go, hit and miss, hit and miss, which a lot of young photographers do.
I had a full studio, plenty of room for both of us. So we sat down and we talked and we did something that no one has done before. She started her own business, not be in competition, but complimenting each other.
So she worked out of my studio; she used all the facilities of the studio, but she ran her own business through that -- through my studio. Meanwhile, we cooperated in doing advertising together, promotions, learning, helping one another. I would book weddings for her, she would book for me. There was never any competition between us. And it was something unusual, but it worked out very well for both of us.
MR. KRATZ: Did she call upon you for advice?
THOMAS PEARCE: Many times, yes. And it was, basically, not only the technical end of it, the photography end of it, but on how to run a business, what is needed behind the scenes. And that's where in this business a lot of the people that get into the photography business, they know photography but they don't know the business end of it.
So, yes, I did mentor her in a lot of different areas. Thirty-eight years of experience, and I wanted to share that with her, because I could see that she was, basically, like me when I came out of college -- school. I was eager. I had the passion. We had a lot of similarities. I graduated from -- with a degree in photography.
I was the -- also worked the photo school newspaper and she did. And I worked at many different studios before I moved up here in the Green Bay market. So we had that same background. And I think it's a duty for any of us to share what we have learned, our experiences with someone up and coming.
MR. KRATZ: I think, Mr. Pearce, you talked about weddings and portraits and the like, that was -- or at the -- by the fall of 2005, had Teresa been developing a particular niche within the photography business?
MR. STRANG: Your Honor, I wonder if we could approach the side bar for just a moment.
THE COURT: Sure.
(Side bar taken.)
MR. KRATZ: (By Attorney Kratz)~ Mr. Pearce, could you discuss whether or not Teresa had developed a particular niche within the photography business?
THOMAS PEARCE: I think if there was any one area, it was children. She loved to photograph children of all ages. She had a knack for that. But as far as a niche, I mean, we all -- that would be her certain niche, but she was well versed at doing weddings, and good at doing weddings and portraits and family. But her love was doing children, from all ages of children.
MR. KRATZ: Now, as part of that business, as part of Teresa's photography business, were you aware of a particular client that she serviced, which was Auto Trader Magazine?
THOMAS PEARCE: There was a time when she had told me about, that she had picked up a client, which was Auto Trader, and she would be running around taking pictures of cars, yes, I was aware of that.
MR. KRATZ: All right. And had she ever asked your opinion or advice about working for Auto Trader or that kind of photography?
THOMAS PEARCE: I don't think she asked my advice, but I think I may have suggested something to her. Her photography business was picking up for studio wise a lot. And it seemed like when she -- It seemed when she first started with Auto Trader was just on Mondays. Mondays we're typically closed in the industry, because we worked a lot of Saturdays.
So, it seemed all of a sudden that she not only had to do Auto Trader on Monday, but possibly Wednesdays and some Saturdays. She was constantly telling me that she was running doing Auto Trader. And I could see that she was starting to burn the candle at both ends.
And at one time, I sat her down and I said, gee, you know, you are running here, you are running here, you're running and I didn't want her to get to a burn out point. So I just asked her, how is Auto Trader, is it a good client, blah, blah, blah.
We never talked on how much she was making, or whatever. That -- that was never discussed. I mean, that was where we drew the line in our business end of it, but I was more concerned about her well being of running, of the constant running. She was constantly running and that's what she enjoyed. So that was the only time I really had any discussion with her about Auto Trader.
MR. KRATZ: Let me ask you this, Mr. Pearce, are you familiar with the defendant, Steven Avery?
THOMAS PEARCE: As far as familiar with him, as far as what?
MR. KRATZ: Have you heard the name before the 31st of October?
THOMAS PEARCE: Just one time and I think it was the spring, late spring or early summer, Teresa had mentioned to me, she said kind of matter-of-factly, you will never guess whose cars I was taking pictures of. And she told me the name and it didn't ring a bell.
She actually had to remind me or say, oh, that was the guy that was wrongfully convicted and so on and so forth. And we had a little discussion and then I remembered the case and so on and so. We talked about -- a little bit about her being out and about, running around all over the county, by herself, and her safety and so on and so forth. And that was basically it. That was the only time she ever mentioned it to me.
MR. KRATZ: All right. We have learned that Teresa Halbach drove a 1999 Toyota RAV4 SUV, picture's in front of you. Would you look on the back; what exhibit number is that?
THOMAS PEARCE: 05 CF 381, Exhibit 5.
MR. KRATZ: All right. Have you ever seen that vehicle before?
THOMAS PEARCE: Oh, sure. She was working with me when she purchased it. Actually, I took that picture. And she was happy as a lark to have her first car. She used to have a beater that was an older car, not a beater. And now this allowed her freedom to go. Yeah, she was very happy with that car.
MR. KRATZ: Turning now to a more serious series of topics, Mr. Pearce, sometime after the 31st of October, after that Monday, after the Halloween; did you see Teresa the next day at work, Tuesday, the 1st of November?
THOMAS PEARCE: No, like I said earlier, Mondays we were closed. Actually, the last time I saw Teresa was Saturday, before the 31st. When Tuesday came, she had her own hours because she had her own business. Since I'm there like 60 hours a week; she may have been there one week 20 hours. All depended on her schedule and so on. But she always kept me informed of was she going to be gone for a day; did she have appointments; was she going to take off for a weekend; etc. She was very responsible in that sense, extremely responsible for a young person.
Well, Tuesday came and by noon she wasn't there. I didn't think too much, oh, okay, I know she was there Saturday working, did Auto Trader. So I'm going through my mind, well, what -- I knew Wednesday, because every Wednesday morning, she actually was one of the founders of a BMG Group, BMG marketing group, Business Marketing Group that meets once a week. Business leaders, they go over leads and what's going on in Green Bay and so on.
She was one of the founders and very active in it. She usually would come in, oh, about, sometimes 11:00, 11:30 on that Wednesday, religiously. Because she would be in town for that meeting. So Wednesday around noon, she didn't show up. I thought, okay, this is a little strange. I tried calling her and I got her cell phone, but her phone book and it was full, where I couldn't even leave a message.
MR. KRATZ: Her voice mail?
THOMAS PEARCE: Her voice mail box, that's it, yes, it was full. I couldn't even leave a message. I thought this was a little strange, because typically you get right through to her. She was very good at returning calls; very good at leaving messages and letting me know. So kind of, well, maybe she's sick, you know, with the flu, flu season, covered up under the covers, turn the cell phone off, just go and doing that.
MR. KRATZ: Sure.
THOMAS PEARCE: So I thought, well, for sure she'll be in Thursday. And I had called, a couple times, her cell phone. So by Thursday, now, I haven't heard from her.
MR. KRATZ: This is Thursday the 3rd of November.
THOMAS PEARCE: Right. Yes.
MR. KRATZ: Okay. What did you do then?
THOMAS PEARCE: I tried to call her again, same thing, with the phone. Now, some of her work was coming in, being shipped in to be processed. And I knew that she knew, she kept track of that. So, if she was out of town or sick, I think she would have called me by this time. And I started getting really, really worried.
I didn't know who to call, her friends, etcetera, so I think was around 1:00, somewhere in that time period. I called Karen, Teresa's mother, seeing if she knew. That was the only phone number I had, other than Teresa's. I didn't have any of her friend's. And talked to Karen about it. And she was going to call some of her friends, or she already had. And the next thing I know it was 10:00, on the news, I heard it was, officially, that Teresa was missing.
MR. KRATZ: Perhaps you can help us, Mr. Pearce. Are you familiar with use of digital cameras, digital film and how a digital camera can imprint or create an electronic signature on photos that are taken there from?
THOMAS PEARCE: I'm not a real good expert on digital, but I know some of what the digital cameras do, if that's what you're --
MR. KRATZ: I'm going to direct you to some images and when you take the cursor for a computer over a digital image, as an example, this image gives the dimensions, gives the date the picture taken is 10/10/05 at 3:18 p.m. Camera model, it indicates Canon PowerShot A310 to JPEG image and the size of that. Are you familiar with the taking, or production of digital photography, that those kinds of details are provided right in the image itself? Do you understand the question?
THOMAS PEARCE: Yes. Yes, sir. Absolutely true, they are. Unless you get a 10 or $15 or $20 digital camera, the nicer cameras, even the smaller ones, will do that automatically in their programing for that.
MR. KRATZ: All right. Same question I have asked another witness and I will ask you Mr. Pearce, after the -- well, really after the 29th of October, 2005, had you ever heard or spoken to Teresa Halbach?
THOMAS PEARCE: No.
MR. KRATZ: That's all I have for this witness, Judge. Thank you.
THE COURT: Mr. Strang.
CROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: Mr. Pearce, the Teresa Halbach you knew was someone you described once as feisty?
THOMAS PEARCE: Well, depends on how you mean feisty.
MR. STRANG: How did you mean it?
THOMAS PEARCE: Full of energy.
MR. STRANG: Someone who was in good shape and could fight back?
THOMAS PEARCE: I would think so.
MR. STRANG: She carried a cell phone regularly?
THOMAS PEARCE: I'm sorry, I can't hear you.
MR. STRANG: She carried a cell phone regularly?
THOMAS PEARCE: As far as I know, yes, that was her life line.
MR. STRANG: But that wasn't something she would hook on a belt or do one of these things, she would keep it in her purse?
THOMAS PEARCE: Well, most of the time when I would see her, she would have it out of her purse and on the counter.
MR. STRANG: If she were out somewhere, though, the cell phone was always in her purse, I think you have said before?
THOMAS PEARCE: I couldn't answer that 100 percent. I would think so. She was in her car, maybe it would be on the driver's seat. I know it went with her wherever she went.
MR. STRANG: And when she was at Pearce Photography, she frequently would leave the cell phone out on the counter. If she was out somewhere else, it was in her purse, typically, that was your experience with her?
THOMAS PEARCE: Well, I know when she was at work it was always out in the open on the counter, just like this picture sitting here, because that was her business line. When she was out -- out of the studio, I really don't know what she did with her cell phone.
MR. STRANG: I'm going to show you a report of an interview that you had with an agent named Alan Hunsader; do you remember talking with him?
THOMAS PEARCE: Sure.
MR. STRANG: I'm going to offer it as an exhibit, I'm just hoping it might refresh your recollection about the cell phone. I invite you to look at the last paragraph on that page. Just to yourself.
THOMAS PEARCE: Yeah, I guess.
MR. STRANG: Does that help --
THOMAS PEARCE: Yeah.
MR. STRANG: -- refresh your recollection about your experience with Teresa Halbach and her cell phone?
THOMAS PEARCE: When we would shoot a wedding together she would have her cell phone in her purse. Through her -- When -- When we would go to -- give an example, we did a lot of work in a park which was 5 minutes away from us, doing weddings, even in her training time she would keep her cell phone in her purse. That was my oversight.
MR. STRANG: You described it as her lifeline just a few minutes ago.
THOMAS PEARCE: Right.
MR. STRANG: Was that the only number you had for her?
THOMAS PEARCE: Yes.
MR. STRANG: You don't know whether she had a land line phone in her home?
THOMAS PEARCE: I don't think so.
MR. STRANG: You were aware that she evidently shared her cell phone number with Auto Trader customers.
THOMAS PEARCE: I knew at one time she said to me that she was able to give out her business cards to the Auto Trader. So in that respect I guess, yeah, because her cell phone number would be on that.
MR. STRANG: And indeed there was -- there were at least a few occasions on which you were aware that she was getting calls on her cell phone from customers or dissatisfied customers of Auto Trader and she would refer those to the Auto Trader office?
THOMAS PEARCE: She mentioned to me a couple times that people were calling her direct. They had a problem with Auto Trader, or whatever the case may be.
MR. STRANG: She said, don't bother me, call the Auto Trader office?
THOMAS PEARCE: Yes, sir.
MR. STRANG: What -- What day was it, as best as you can recall, and I'm going to chase the time to, if you can, that you first called Teresa's cell phone the week of October 31 and found the voice mailbox full?
THOMAS PEARCE: I think it would have been Tuesday afternoon and that -- somewhere in that time period.
MR. STRANG: And the voice mail box was full?
THOMAS PEARCE: Yes.
MR. STRANG: Okay. And then Wednesday, before this marketing group luncheon, after she didn't show up; did you try that again?
THOMAS PEARCE: Yes, sir.
MR. STRANG: Still full voice mailbox?
THOMAS PEARCE: Still full.
MR. STRANG: And if I understood you correctly, you said you tried again Thursday?
THOMAS PEARCE: Mm-hmm, yes, sir.
MR. STRANG: So full voice mailbox Tuesday, Wednesday and Thursday?
THOMAS PEARCE: I believe, I'm almost positive all three times, because I thought that was very unusual.
MR. STRANG: Starting Tuesday, mid-afternoon.
THOMAS PEARCE: Yes, sir.
MR. STRANG: This studio, it was your studio, but she was sharing space, if I understood you --
THOMAS PEARCE: Yes.
MR. STRANG: -- correctly?
THOMAS PEARCE: Yes.
MR. STRANG: Keys, keys to the studio, one, more than one?
THOMAS PEARCE: She had a set of keys, yes, sir.
MR. STRANG: What is a set of keys, meaning to the studio?
THOMAS PEARCE: Well, as myself, we always carry two, so that -- I mean, it's the same key, but in case we drop it. And Teresa had a funny thing about not losing her keys, but misplacing her keys all the time. So I gave her two, one to put on her key chain and one to put in her purse somewhere, so she always has it. So, two keys.
MR. STRANG: If she mislaid the key chain?
THOMAS PEARCE: Yes.
MR. STRANG: Okay. So the office key was one of the keys on that key chain?
THOMAS PEARCE: I would think so.
MR. STRANG: Is it a key chain you saw?
THOMAS PEARCE: I'm sorry?
MR. STRANG: Is it a key chain that you ever saw?
THOMAS PEARCE: Laying on the counter or something, yes.
MR. STRANG: Okay. It had a number of keys on it?
THOMAS PEARCE: I would think maybe three or four.
MR. STRANG: Okay. About three weeks before she disappeared, Teresa Halbach, you were aware, had been getting a lot of telephone calls that she was not answering on the cell phone?
THOMAS PEARCE: Yes, sir.
MR. STRANG: They would leave no message?
THOMAS PEARCE: If you are referring to the same thing, I think, she was standing almost right next to me, in a day, and she got this phone call. And she looked at it and went, said, oh, not them again, or not him again, and just kind of forgot about it.
She looked a little upset, so I questioned her a little bit about this and she told me, just forget about it. Somebody keeps calling her all different hours, a nuisance call. And that was about two or three weeks and she had mentioned that she had been getting them for awhile and I had said, well, why don't you give me the number and I will call and find out instead of her dealing with it and she said, no, don't worry about it. But that's, I think, what you're talking about.
MR. STRANG: Right. And whatever the number was that came up on the phone, she recognized it?
THOMAS PEARCE: Yeah, she knew what it was, but she wouldn't let me know.
MR. STRANG: Thank you.
THE COURT: Any other questions, Mr. Kratz?
MR. KRATZ: Just one area of inquiry of Mr. Pearce.
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Pearce, would you have considered yourself as long -- or together with a mentor, being a friend of Teresa's?
THOMAS PEARCE: A good friend and a good colleague, yes.
MR. KRATZ: In that regard, had you ever admonished or warned Teresa about her behavior, if she was alone with somebody in a home?
MR. STRANG: Relevance.
THE COURT: Mr. Kratz.
MR. KRATZ: Judge, it actually will be relevant to the false imprisonment charge. The issue of being restrained or confined. If admonished by an individual that that shouldn't occur, it goes to that particular element of that offense.
THE COURT: Mr. Strang.
MR. STRANG: I don't know that we ought to be arguing the point here. I'm not at all convinced of the relevance.
THE COURT: I don't know about the relevance, but I think its beyond the scope of redirect. I'm going to sustain the objection.
MR. STRANG: We can't hear the Court.
THE COURT: It's beyond the scope of redirect. I'm sustaining the objection.
MR. KRATZ: That's all I have of Mr. Pearce then, Judge. Thank you.
THE COURT: You're excused.
MR. KRATZ: Could we approach just briefly, Judge.
THE COURT: Sure.
(Side bar taken.)
THE COURT: For the benefit of the jurors, I informed counsel that I really didn't want to go beyond 4:30 today. I'm aware of the fact that you have not only been sitting in the jury box most of the day, but also the fact that there's travel to and from Manitowoc each day. So unless it is really important, I'm going to do my best to get you out of here at 4:30 all the time. But I have been told that there is a witness who isn't going to take very long. So, Mr. Kratz, you may call your witness.
MR. KRATZ: Thank you, Judge. We call David Beach to the stand.