6.End-of-Day Jury Admonition After Culhane’s Direct Examination
100 linesTHE COURT: Counsel, will you approach, please.
MR. BUTING: Sure.
(Side bar taken.)
THE COURT: All right. Members of the jury, at this time, since we kept you late yesterday, we're going to give you a break today. The cross-examination is going to take more time than we have left today, so we're going to adjourn. I do have a notice, the weekend notice, to read to you. It's going to be a repetition of some information you have heard thus far, and also some new information.
As I previously informed you, the Court's decision not to sequester the jury during the trial is dependent on the jurors not listening to, watching, or reading any news accounts of the case, nor discussing it with anyone, including members of your family, or other jurors.
For these reasons, it is vital that you continue not to listen to any conversation about this case. Do not read any newspaper or internet reports, or listen to any news accounts on the radio or television about the trial.
To assure that you are not exposed to any improper media coverage, the Court has ordered that, for the duration of the trial, you do not watch the local news on television, do not listen to the local news on the radio, and do not read the newspaper, unless you first have someone remove articles about the case.
In addition, do not visit any internet websites or web logs, which include any information about the case. The Court understands that some of you may be working at places of employment during the weekend. Do not discuss the case with any employers, employees, or patrons. Do not volunteer your status as a juror to anyone.
If anyone attempts to discuss this case with you, politely but firmly notify them that you are prohibited from discussing the case in any way. If you are involuntarily exposed to any information about the case, from any source, take steps to immediately avoid any further exposure.
Should you be exposed to any reports or communications from any source concerning the case during the trial, or should you become aware of anything you believe may affect your ability to serve as a juror, you should not discuss your concerns with any other jurors, or anyone else, but should report any such concerns to the jury bailiff immediately.
Now, we have received some reports of stormy winter weather this weekend. Based on the latest information the Court has, whatever we get should be over by Sunday. But in the event that weather would cause a postponement of Monday's proceedings, you will be called by the jury clerk sometime before 8:00 p.m. on Sunday evening. If you do not receive a call, it means that Court is scheduled to go on as normal on Monday.
Finally, I wanted to let you know that since the Court is prohibiting you from watching any news accounts, or learning anything about the case through the news media, at the conclusion of the trial, each of you will receive a DVD that has a summary of news accounts of the trial as it's gone on. I do that so in the event you are curious about that type of thing, you are not tempted to violate the order I have issued now, but you will have a chance to see it when the trial is over.
And with those admonitions and information about Monday's proceedings, you are excused for the weekend.
(Jury not present.)
THE COURT: You may be seated. Ms Culhane, you may step down, if you wish.
MR. BUTING: Before she does --
THE COURT: Oh.
MR. BUTING: I'm sorry. Before she does, maybe we could just -- since she testified about the contamination log that goes back to 2001, I don't know if she -- if you brought it with you today, but if she could be instructed to bring that with her Monday, or if Mr. Gahn has a copy already, he could give it to me. I only have one that goes back to 2004.
THE COURT: Mr. Gahn.
THE COURT: That's something that can be produced, very well.
MR. BUTING: And you have the rest of the file, I think, with you and you would bring it on Monday?
SHERRY CULHANE: Yes.
MR. BUTING: All the bench sheets and what not.
THE COURT: All right. I believe there were a couple other matters the parties wanted to address before we adjourn today.
MR. GAHN: At this time, your Honor, the State would like to move in some exhibits. I would like to move in Exhibit 309, which is the CV of Sherry Culhane; Exhibit 310, the protocol for the Crime Lab; Exhibits 311, 312, 313, 314, and 315, which are the five Crime Lab reports.
Also, I move in Exhibit 316, which is the photograph of the key. And I would move in Exhibits -- Exhibit 317, buccal swab of Allen Avery; 318, buccal swab of Brian Dassey; 251, if it's not moved in already, buccal swab of Brendan Dassey; 319, buccal swab of Barb Janda; 320, buccal swab of Bobby Dassey; 321, buccal swab of Earl Avery; 322, buccal swab of Chuck Avery, 323, buccal swab of Delores Avery; 324, buccal swab of Steven Avery; and 325, the Pap smear for Teresa Halbach.
I would also move in Exhibit 326, which is the bloodstain A-1; 327, blood stain A-2; 328, bloodstain A-4; 329, bloodstain A-3; and 330, bloodstain -- I'm sorry, 330 is A-14, the Wild Cherry Pepsi can; Exhibit 331, which is bloodstain A-9; 332, bloodstain A-10; 333, bloodstain A-6; 335, bloodstain A-7; 334, bloodstain A-12; 336, bloodstain A-8; Exhibit 337 the bone and tissue material; Exhibit 277 -- I'm sorry, that is already in, that's the bullet fragment. And I think -- Exhibit 338, which is a photograph of the bone and tissue.
I would like to move in Exhibit 339, which is a CD Rom of the power point presentation that we used during the testimony. And also a printout, which is Exhibit 340, of the power point -- the slides in the power point demonstration. I would move those into evidence at this time.
And I would further ask that Exhibit 337, which is the bone and tissue, that we be allowed to remove that from the courtroom and allow Deputy Wiegert to return that to the Sheriff's Department to be kept in the freezer.
MR. BUTING: Couple of things, 316, did we have that one? Did you miss that one?
MR. GAHN: If not, I would move in 316, which is the photograph -- which is the photograph of the key with the bag.
MR. BUTING: Okay. I have no objection to any of those exhibits coming into the record. I have no objection to the 337, charred remains, bone and tissue, being withdrawn to be properly stored.
I do want to make clear, though, as to the five reports, 311 through 315, that I'm not -- by not objecting to them going into the record, I'm not suggesting that I think they should be sent to the jury for any part of their deliberations. So, with that limitation, I have no objection to their admission.
THE COURT: Very well. The Court will order those exhibits admitted. As long as we have got some time left today, do we have an inventory of the exhibits that have been marked but not admitted, and is everyone in agreement?
MR. KRATZ: Yes, I would like us to do that, Judge. And those that have been identified and not offered, the State intends to do that at this time. Janet, are you able to tell us which ones have not been offered?
COURT CLERK: There was an Exhibit 187 that I don't think has been even offered at this point. I don't know what it even is. It was by the State.
MR. KRATZ: That has not been offered yet?
COURT CLERK: Right.
MR. KRATZ: That's some bloodstains on a door. It's a photograph that has not yet been offered, and I don't offer it at this time.
COURT CLERK: For the defense, Exhibits 206, 207, which are two photos.
MR. BUTING: I thought those were received and offered at the end of the day; if not, I would move them in.
MR. KRATZ: We have no objection, it's of the vanity and of the washing machine. We have no objection to those photos.
THE COURT: All right. 206 and 207 will then be admitted.
COURT CLERK: For the State, 208, 209, 210.
MR. KRATZ: Those are the three photos of the cabinet, the bookcase. Those have been referred to numerous occasions, identified by several witnesses, I would offer 208, 209, and 210.
MR. BUTING: No objection.
THE COURT: Those exhibits are admitted.
COURT CLERK: Defense, a copy of the statement of Sergeant Colborn, 213.
MR. KRATZ: 213?
MR. BUTING: No, we don't offer that, that was simply to be identified for refreshing his recollection, I believe.
COURT CLERK: And I think that's the same thing with 216, copy of the report of Investigator Wiegert.
MR. BUTING: Yes, same for that.
COURT CLERK: Then 219 and 220, two photographs, one of the key.
MR. KRATZ: Yes, we'll offer both. 219 is a photograph of the key, 220 is a photograph of shell casings in a box, both of which were identified by Deputy Kucharski. We would offer both.
THE COURT: Any objection?
MR. BUTING: As the photographs of the box, I'm not sure he identified them, but I guess maybe he did, but he qualified it as he wasn't sure when it was taken. So with that limitation, yes, they can be received.
THE COURT: All right. Those exhibits are received.
MR. BUTING: Could we just go back, though, for a minute, to 214 and 15; were those admitted already?
COURT CLERK: I have -- Oh, I have 214 admitted, the transmittal.
MR. BUTING: Yes.
COURT CLERK: 215, I don't have.
MR. BUTING: Okay. 215, we did not offer, so it should not be admitted. 217, I don't have marked on here either way.
COURT CLERK: That one also has not been offered.
MR. KRATZ: We did have that identified by Mr. Lenk, that was a picture of the scanner on top of Mr. Avery's bar in his living room. That was identified and we would ask that it be received.
MR. BUTING: No objection.
THE COURT: All right. That exhibit is received.
COURT CLERK: 249, I go to next, but I don't believe that's been offered, that's the electrical cord.
MR. KRATZ: 249, that's correct, and that has not been offered yet, Judge, nor is it going to be at this time.
THE COURT: All right.
COURT CLERK: Then Exhibits 278, 280, 81 and 82 have all been marked and not referred to yet.
MR. KRATZ: I don't even know what they are.
COURT CLERK: They were in the paper bags. I don't know what they were either.
MR. KRATZ: 278, 280, and 281?
COURT CLERK: And 282. They were marked yesterday.
MR. KRATZ: And I have blanks in my list. So I don't know what they are. We can check before the next session, Judge. That's fine.
COURT CLERK: 279 was the rivet.
MR. KRATZ: 279?
COURT CLERK: I have a series of photographs starting at 289 through probably 309, that have not been -- 308 -- have not the been offered or received.
MR. KRATZ: Mr. Gahn just did that. Those are the photos that were referred to by Ms Culhane, identified by Mr. Groffy this morning, up through 305 at least.
THE COURT: Have those been offered?
MR. KRATZ: Yes.
MR. BUTING: I believe they were. That was the photographs with Mr. Groffy this morning, right before lunch.
COURT CLERK: Okay.
MR. BUTING: Certainly, if we haven't--
THE COURT: So those are received?
MR. BUTING: I think right before lunch we did move them in.
THE COURT: All right. Those are in.
MR. KRATZ: That should be it, Judge, that's my list.
MR. BUTING: Counsel, is there a photograph associated with those electrical wires. I believe that there was something.
MR. KRATZ: There's two.
MR. BUTING: Two?
MR. KRATZ: One is what Mr. Kucharski identified that he saw at the scene, that's been received. And one is what we have been referring to as an evidence photo. And although that was identified and received, I have no objection should counsel want that withdrawn at this time. And until and unless we put in the actual exhibit, that that can be withdrawn at this time. That seems to make the most sense, Judge.
MR. BUTING: Do you know which photo, 227 and 228?
COURT CLERK: I have 228 and 229.
MR. BUTING: 228 and 229. All right. Let's leave them as is for now. I will probably refer to them with Ms Culhane, and then as I anticipate, when she's unable to link them up in any way, then we'll probably move to have them withdrawn.
MR. KRATZ: I'm not suggesting another witness isn't going to eventually get those in. We haven't offered them.
THE COURT: So at this point they have been marked. They are not in.
MR. KRATZ: That's right.
MR. BUTING: Okay.
THE COURT: Is there anything else that either party wishes to take up today?
MR. BUTING: I don't think so.
MR. KRATZ: Judge, just a moment.
MR. BUTING: Is there a phone number we could call on Sunday evening? We don't have to say it on the record, I'm just saying ...
THE COURT: We have a number we can give you before you leave today that you can call.
MR. BUTING: Okay. Great. Thank you.
THE COURT: Actually, let's do this. I think I have an email list for all of you. If I just emailed it to you, will that do it?
MR. BUTING: That would be great.
MR. KRATZ: Sure.
THE COURT: Let's do that.
MR. BUTING: Okay.
THE COURT: All right. If there's nothing further, we're adjourned for today.
(End of proceedings.)