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Steven Averytrial-daytrial-dayNorman A. GahnKenneth R. KratzJerome F. ButingDean A. StrangSherry CulhaneRonald L. GroffyKatie HalbachdirectcrossDay 10 - February 23, 2007The 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.
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Day 10 - February 23, 2007

Juror Decisions, Search Motion, and DNA Testimony

Judge Patrick L. Willis
9Proceedings
6Pages
3Witnesses
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Day 10 of 27
Appearing:

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.

Full day summary

The court explained its earlier refusal to remove a juror who remembered Detective Remiker from a civil trial, then excused another juror after a family death. The defense maintained its objection to retaining the first juror. Dean Strang renewed Avery’s search-suppression motion, and Thomas Fallon opposed it. The court reserved a decision because testimony about the burn pit was incomplete. Katie Halbach said the jeans shown in court were a comparison pair she selected, not the pair she recalled Teresa owning. She also identified a lanyard she had given her sister. Ronald Groffy identified vehicle photographs and reported positive presumptive blood tests in two RAV4 areas. On cross-examination, he said he tested no other areas and did not know whether the test distinguished human from animal blood. Sherry Culhane presented DNA results from the RAV4 and other items. She attributed DNA from cargo-area stains and a soda can to Teresa Halbach and said profiles from the hood latch and key were consistent with Steven Avery’s reference sample. She qualified the charred-remains result as a partial profile and disclosed that her own DNA appeared in a negative control during bullet-fragment testing, not in the bullet sample. Culhane’s cross-examination was left for Monday; the defense requested her contamination log and remaining file.

5. Sherry Culhane — Direct (Part 1)

Sherry Culhane presented DNA results from the RAV4 and other evidence, including a partial profile from charred remains and a bullet-fragment result with a negative-control issue.

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Direct
Sherry Culhane — Direct Sherry Culhane Norman A. Gahn
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Culhane presented DNA comparisons from the RAV4, charred remains, bullet fragment, hood latch, and key, and disclosed contamination in a bullet-test negative control.

Highlights

Sherry Culhane — Directtestimony highlightCulhane compared DNA from RAV4 cargo-area stains and a Wild Cherry Pepsi can with Teresa Halbach's Pap-smear reference profile, gave population-frequency figures, and opined that Halbach was the source of the DNA on those items.Sherry Culhane — Directtestimony highlightA heat-damaged sample of charred remains yielded only a partial profile. Culhane said its available types were consistent with Halbach's but that she could not identify Halbach as the source as she had for the RAV4 samples.Sherry Culhane — Direct“In the -- At the marker positions where I did get results, these types are consistent with Teresa. Obviously, I don't know what the types are here because there were no results.”— Sherry CulhaneCulhane expressly limited the charred-remains comparison to markers that produced results.Sherry Culhane — DirectadmissionCulhane testified that the bullet-fragment profile was consistent with Halbach's. She also disclosed that her own DNA appeared in a negative control during extraction, not in the bullet sample, and said the control contamination did not affect her interpretation.Sherry Culhane — Direct“That means that during the extraction procedure I inadvertently introduced my own DNA into the negative control.”— Sherry CulhaneShe acknowledged the source of the contamination detected during bullet-fragment testing.Sherry Culhane — Directtestimony highlightThe RAV4 hood-latch swab yielded a full profile consistent with Avery's reference sample and inconsistent with the other standards Culhane examined; she opined that Avery was its source.Sherry Culhane — Directtestimony highlightCulhane testified that the Toyota key yielded a full DNA profile consistent with Avery's reference sample and not matching the other submitted standards.
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