3.Blaine Dassey — Direct/Cross/Redirect/Recross

MR. KRATZ: State would call Blaine Dassey to the stand, Judge.

MR. KRATZ: Blaine, you don't have to be quite as close to the microphone as you are, so just sit back and relax and testify from there.

MR. KRATZ: How old are you Blaine?

MR. KRATZ: Do you go to school?

MR. KRATZ: Could you tell the jury where you go to school, please.

MR. KRATZ: Have you gone to Mishicot High School your entire high school career?

MR. KRATZ: Last year, that is, in 2005, can you tell the jury what school you went to then?

MR. KRATZ: Blaine, I'm going to direct your attention to October 31st, Halloween of 2005, ask if you remember that day?

MR. KRATZ: Can you tell the jury where you were living then?

MR. KRATZ: Okay. You don't have to give me the exact address, but who did you live there with?

MR. KRATZ: Okay. Now, this Avery Road property, can you kind of describe this property for us?

MR. KRATZ: All right. I'm going to put on the screen to help you, an exhibit that's already been received. It's called Exhibit No. 25. When you look at that exhibit, Blaine, does that help you? Do you recognize that exhibit?

MR. KRATZ: Tell the jury what that is, please.

MR. KRATZ: And is that the salvage yard that you lived at on October 31st of 2005?

MR. KRATZ: All right. Now, Blaine, do you recognize, when you look at that picture, and I know that it's from an airplane, but do you recognize what house you live in?

MR. KRATZ: I'm going to give you something called a laser pointer; have you ever held one of these before?

MR. KRATZ: Just push that button right there, okay.

MR. KRATZ: Blaine, I want you to take the laser pointer and I want you to circle or point on the exhibit, for the jury, what your house is; if you can -- if you can tell us?

MR. KRATZ: All right. And you are pointing to a property, and I think it is uncontested that that's the Barb Janda trailer; is that right?

MR. KRATZ: All right. Now, Blaine, on the 31st of October, did you go to school that day?

MR. KRATZ: And could you tell the jury how you get to, and how you get home, from school?

MR. KRATZ: What kind of bus is this?

MR. KRATZ: And looking, again, at Exhibit No. 25, can you tell me where the school bus picks you up?

MR. KRATZ: You are pointing to an intersection, or the end of what would be Avery Road, just up near the office building and your grandparents trailer; is that right?

MR. KRATZ: In the afternoon, after school is over, how do you get home?

MR. KRATZ: And can you tell me where the school bus drops you off, please?

MR. KRATZ: Same place?

MR. KRATZ: You have to say yes or no.

MR. KRATZ: Now, your trailer is a little bit west, or a little bit further down from that intersection; do you know why the bus picks you up and drops you off up near your grandma's trailer?

MR. KRATZ: They just do?

MR. KRATZ: Blaine, how do you get to and from the bus from your house?

MR. KRATZ: Okay. Now, back in October of 2005, was there somebody else in your house who also went to school with you?

MR. KRATZ: Who was that?

MR. KRATZ: And who's Brendan?

MR. KRATZ: At Mishicot School, Blaine, do you know about what time school lets out?

MR. KRATZ: And after school lets out, and I'm going to specifically ask you about October 31st of 2005; do you remember what time you came home that day?

MR. KRATZ: 3:40? That's 20 to 4 in the afternoon; is that right?

MR. KRATZ: You have to answer out loud?

MR. KRATZ: Do you remember coming home that day, Blaine?

MR. KRATZ: And could you tell the jury how you got home that day?

MR. KRATZ: And did anybody come home on the school bus with you?

MR. KRATZ: After you and Brendan got home, at about 3:40, can you tell the jury what you did, please?

MR. KRATZ: And why don't you use your laser pointer again and tell the jury, when you walked down the road, where did you walk?

MR. KRATZ: Okay. Just so the record is clear, you are pointing that you are walking in what would be a westerly direction from where the bus dropped you off down to your trailer; is that right, Blaine?

MR. KRATZ: Blaine, as you were -- Let me just stop, let me go back and ask a couple of follow-up questions first. First of all, is there anybody else, any other people that live on this property, or that did, at the end of October of 2005?

MR. KRATZ: There's nobody else that lived on this property?

MR. KRATZ: Are you a little nervous this morning?

MR. KRATZ: That's fine. Tell me who lived on -- Who lived on this property -- Who else, other than you, lived on this property at that time?

MR. KRATZ: Well, anywhere on the Avery property itself, anywhere on the salvage yard?

MR. KRATZ: Let me just stop you right there. Bobby, and Brian, and Brendan, who are they?

MR. KRATZ: And are any of them older than you, or any of them younger than you?

MR. KRATZ: Okay. And at that time, you know the day I'm talking about, don't you?

MR. KRATZ: At that time, you said that Brendan went to school?

MR. KRATZ: Do you know what Bobby did at that time?

MR. KRATZ: Do you know if he was working, or if he was going to school, or something like that?

MR. KRATZ: How about your other brother, Brian; do you know what he was doing at the time?

MR. KRATZ: Okay. Did anybody else -- And in that trailer that you pointed to, you talked about your mom, what's her name?

MR. KRATZ: Barb Janda?

MR. KRATZ: I'm going to show you an exhibit. It's a photograph. It's No. 354, that's in front of you right now. Can you tell us what that is, please?

MR. KRATZ: First of all, is that a photograph?

MR. KRATZ: And who's it a photograph of?

MR. KRATZ: I'm going to let the jury look at that picture.

MR. KRATZ: 354.

MR. KRATZ: If you want to look on the back of the exhibit, you can see the number on it. Why don't you do that. Do you see that that's Exhibit 354?

MR. KRATZ: All right. And the picture on the big screen, is that a picture of your mom, Barb?

MR. KRATZ: Now, you were starting to tell us that there were other people who lived at the Avery salvage property at that time?

MR. KRATZ: Who else lived there then?

MR. KRATZ: Okay. Let's talk about them. Do you know their names?

MR. KRATZ: What are their names?

MR. KRATZ: The exhibit on your right is Exhibit 350, 3-5-0, can you tell the jury who that is, please?

MR. KRATZ: I'm going to show the jury a larger picture of that; that's your grandpa Allen; is that right?

MR. KRATZ: And who lives with Allen?

MR. KRATZ: And who's Delores?

MR. KRATZ: And Exhibit 351 that's next to you, do you see her picture, too?

MR. KRATZ: And I'm going to show you Exhibit 351; is that a picture of your grandma?

MR. KRATZ: Now, Blaine, before we finish the description of your family, do you have any uncles?

MR. KRATZ: And who are your uncles?

MR. KRATZ: I'm going to, first, hand you a picture that's Exhibit 353. You mentioned your uncle, Earl, is that a picture of your Uncle Earl?

MR. KRATZ: And I'm showing the jury that big picture; is that the picture in front of you?

MR. KRATZ: Okay.

MR. KRATZ: I need a photo of him for later in the trial, Judge. And so this is the best witness to identify that photo.

MR. KRATZ: Thank you, Judge.

MR. KRATZ: (By Attorney Kratz)~ Who's -- Who's the next picture that you have in front of you?

MR. KRATZ: Chuckie, who's Chuckie?

MR. KRATZ: And that is Exhibit No. 352; is that right?

MR. KRATZ: I'm showing the jury and is that a picture of your Uncle Chuck?

MR. KRATZ: The last picture in front of you is Exhibit No. 349. Tell us what that is, please.

MR. KRATZ: Now that the jury sees that picture; is that your Uncle Steve?

MR. KRATZ: That's also the person, as Mr. Strang pointed out, that is sitting at counsel table, who is sitting in the courtroom today; is that right?

MR. KRATZ: Now, Blaine, you talked about getting home at about 3:40 p.m.; do you get home at the same time every day?

MR. KRATZ: That day, that is, Halloween of 2005, did you have some plans that night?

MR. KRATZ: Could you tell the jury what your plans were that night?

MR. KRATZ: And who is your friend?

MR. KRATZ: Jason. Did you go trick or treating with your friend Jason that night?

MR. KRATZ: And do you remember, after you got home sometime after 3:40 p.m., do you remember what time you left the house to go trick or treating?

MR. KRATZ: What time was that?

MR. KRATZ: 5:25 p.m.?

MR. KRATZ: How did you leave the house, or how did you leave the property; do you remember?

MR. KRATZ: Did somebody pick you up?

MR. KRATZ: Who was that?

MR. KRATZ: Who is that?

MR. KRATZ: Okay. And did you go trick or treating that night?

MR. KRATZ: And so from 5:25 p.m. until some other time, were you gone; that is, were you off the property?

MR. KRATZ: Do you remember what time you got home that night?

MR. KRATZ: I'm sorry?

MR. KRATZ: 11:00 p.m.?

MR. KRATZ: Let me back up a little bit. And I apologize for kind of jumping around. But you talked about your Uncle Steve; do you know if he lives on that property as well?

MR. KRATZ: Can you tell me, on October 31st, that is, on Halloween of 2005, where he lived?

MR. KRATZ: How close to your house did he live?

MR. KRATZ: All right. I will give you a picture that's going to help, I think. You already looked at this, it's Exhibit No. 25. Can you show us, again, where you live, show us your trailer?

MR. KRATZ: And the laser pointer is pointing at the Janda trailer. And where does your Uncle Steve live?

MR. KRATZ: Be the trailer that would be directly to the west of you; is that right?

MR. KRATZ: Now, on the 31st of October, as you were approaching your house, as you got off the bus, and you said you were walking down towards your house; did you see anything as you were walking towards your house?

MR. KRATZ: Can you tell the jury what you saw, please.

MR. KRATZ: What burn barrel are you talking about?

MR. KRATZ: Whose burn barrel?

MR. KRATZ: I'm going to show you what's been admitted in evidence as Exhibit No. 114, which is a computer drawing. It's a view that -- or a angle that might help you. Do you think this will help you explain to the jury what you saw?

MR. KRATZ: Okay. As you are walking towards your house, use the laser pointer, tell the jury what you saw, please.

MR. KRATZ: Okay. Did you see what kind of plastic bag he threw into the burning barrel?

MR. KRATZ: Did you see how big the bag was?

MR. KRATZ: Did you see what was going on inside the burning barrel; in other words, did you see that it was burning in there.

MR. KRATZ: Tell the jury what you saw about it that it was burning. Describe that for them.

MR. KRATZ: About what time was this that you saw that?

MR. KRATZ: Okay. It was right after you got off the bus; is that right?

MR. KRATZ: Now, when your Uncle Steve put a bag, or put something into that burning barrel, that was actively burning at the time; did you have any conversation with him?

MR. KRATZ: Now, I'm going to have you look at this particular drawing or this particular exhibit, 114; did you see anything else as you were at, about quarter to 4, walking towards your house?

MR. KRATZ: About what time do you think that you got into your house?

MR. KRATZ: Okay. From 3:50, until you left to go trick or treating, sometime a little after 5:00, can you tell the jury what you did that day?

MR. KRATZ: Did you leave your trailer at all that day?

MR. KRATZ: I mean, until you went trick or treating?

MR. KRATZ: Do you remember who else was home that day?

MR. KRATZ: Who is that?

MR. KRATZ: Were you doing anything with Brendan that afternoon?

MR. KRATZ: Do you know what Brendan was doing while you were home, between 10 to 4 and a little after 5:00 that day?

MR. KRATZ: Okay. So at least until 5:00, Brendan was still at home; is that right?

MR. KRATZ: Now, when you saw your Uncle Steve burning in his burning barrel; did you see what kind of smoke was coming out of there, or did you know what he was burning in his burning barrel?

MR. KRATZ: All right. You told this jury that you went trick or treating with your friend and his mom picked you up; is that right?

MR. KRATZ: How did you get home from your mom's (sic) that day?

MR. KRATZ: How did you get home from your friend's house that day?

MR. KRATZ: Carmen?

MR. KRATZ: Is that your friend's mom, still?

MR. KRATZ: And can you remind us, again, about what time you got home?

MR. KRATZ: Okay. Now at 11:00, when you got home, Blaine; do you remember walking to your house?

MR. KRATZ: And when you walked to your house, did you see anything over by your Uncle Steve's house?

MR. KRATZ: Tell the jury what you saw at your Uncle Steve's house, at about 11:00 that night?

MR. KRATZ: Watching what?

MR. KRATZ: There was a bonfire at your Uncle Steve's?

MR. KRATZ: Can you tell the jury where that bonfire was, please.

MR. KRATZ: Why don't you look at Exhibit No. 114. Can you point on Exhibit 114 where you saw that fire that night?

MR. KRATZ: We'll have the record reflect, Judge, that the defendant -- excuse me -- that the witness is pointing directly to the south, or just behind the garage area of the diagram in Exhibit 114?

MR. KRATZ: (By Attorney Kratz)~ Blaine, tell the jury how big that fire was.

MR. KRATZ: What was 4 to 5 feet?

MR. KRATZ: So 5 foot flames you could see at 11:00 at night; is that right?

MR. KRATZ: Now, how did you know that it was your Uncle Steve out there; did you see him?

MR. KRATZ: Okay. What did you see out there?

MR. KRATZ: Did you know who that person was?

MR. KRATZ: How many people did you see back by that fire?

MR. KRATZ: Blaine, the friend that you went with, his name is what, Jason?

MR. KRATZ: Is that right? His mom's name was Carmen?

MR. KRATZ: Do you know where she dropped you off that night to come home?

MR. KRATZ: Where did she drop you off?

MR. KRATZ: Same place that the bus drops you off?

MR. KRATZ: When you started walking, or when you walked toward your house that night, at about 11:00, when was the first time that you saw these flames, or when you saw what you described as a bonfire behind Steve's garage?

MR. KRATZ: Okay. That's two different times, let me just stop you there. I'm talking about when you came home?

MR. KRATZ: When -- How close were you before you could see the flames?

MR. KRATZ: Let's go back to just before you left, or as you were leaving to go trick or treating, I think you are now going to tell the jury that you saw something else; is that what you are saying to us?

MR. KRATZ: Before you left, or as you left to go trick or treating --

MR. KRATZ: -- did you see anything else by your uncle Steve's?

MR. KRATZ: All right. When was the first time that you saw that fire?

MR. KRATZ: So you didn't see it before you left?

MR. KRATZ: The first time you saw it was at about 11:00; is that right?

MR. KRATZ: I just want you to be sure about your testimony; is that true?

MR. KRATZ: Okay. Good. Now, the flames, or what was creating these 5 foot high flames; could you see them clearly? I mean, could you see them behind the garage?

MR. KRATZ: Could you see anything that was on the fire, or that -- what was in the bonfire?

MR. KRATZ: Did you go back behind your Uncle Steve's garage and see what the bonfire was all about that night?

MR. KRATZ: Blaine, I have a couple other questions. Before testifying in here, in court today, before being asked to come to court, do you remember being interviewed by members of police, that is a law enforcement officer?

MR. KRATZ: And when you were interviewed by the police; do you remember the police asking you who you saw back by the fire?

MR. KRATZ: Do you remember what you told the police?

MR. KRATZ: What did you tell them?

MR. KRATZ: Now, you know your Uncle Steven; is that right?

MR. KRATZ: Let me ask you, Blaine, are you a little nervous testifying in front of your Uncle Steven today?

MR. KRATZ: All right. The next day -- Well, let me go back, just before that night ends, when you got home at about 11:00; what did you do?

MR. KRATZ: Okay. Do you have a bedroom inside of this house?

MR. KRATZ: And does anybody stay with you in your bedroom?

MR. KRATZ: Who is that?

MR. KRATZ: All right. About what time did you go to bed that night?

MR. KRATZ: Okay. So, right when you got home?

MR. KRATZ: When you got home that night, at 11:00; do you remember talking to anybody that night?

MR. KRATZ: Do you remember seeing your brother, Brendan, that night?

MR. KRATZ: If Brendan would have been in your bedroom with you; do you think you would have seen him?

MR. KRATZ: And did you see him in the bedroom?

MR. KRATZ: Okay. Blaine, I'm going to show you a couple other pictures here.

MR. KRATZ: Five minutes, Judge.

MR. KRATZ: Thank you, Judge.

MR. KRATZ: Blaine, when you got home that day, on October 31st, on Halloween night, and you walked with your brother to your house, was there anybody else that was with you, anybody else that walked with you?

MR. KRATZ: I'm going to show you what's been marked for identification -- excuse me -- has been received as Exhibit No. 230, ask if you recognize that vehicle at all?

MR. KRATZ: What is that vehicle?

MR. KRATZ: A what?

MR. KRATZ: A Suzuki. Do you know whose vehicle that is?

MR. KRATZ: Now, as you look at this picture, do you know where this picture is taken? Do you know where the Suzuki is being stored here?

MR. KRATZ: All right. Let me ask you something, Blaine. When you walked home on the 31st of October, towards your house, did you see where your Uncle Steve had the Suzuki parked that day?

MR. KRATZ: I can do that, Judge.

MR. KRATZ: (By Attorney Kratz)~ At about 3:45 p.m., did you see where this Suzuki was parked that day?

MR. KRATZ: Tell the jury where that was, please?

MR. KRATZ: On the outside of the garage?

MR. KRATZ: I'm going to show you now what's been received as another exhibit, to help you. It's Exhibit No. 98, it's a diagram, kind of a diagram with both residences. Do you see where it says Steven Avery's residence?

MR. KRATZ: And the Janda/Dassey residence; do you see that?

MR. KRATZ: Will this diagram -- Well, first of all, do you recognize these two properties?

MR. KRATZ: And, again, show the jury where it is that you lived?

MR. KRATZ: You are pointing to the Dassey/Janda residence; is that right?

MR. KRATZ: And show the jury where Steven Avery lived at the time?

MR. KRATZ: You are pointing to a trailer which is called the Steven Avery residence; is that right?

MR. KRATZ: Now, when you walked home, or walked from the bus to your house, you told the jury that you saw the Suzuki parked outside; is that right?

MR. KRATZ: Can you point to the diagram and tell the jury where you saw that Suzuki parked that day?

MR. KRATZ: And you are pointing to the outside of what would be Steven Avery's garage, just to the left side, as you look at the diagram; is that right?

MR. KRATZ: Did you notice any other things, or any other vehicles, out there, when you walked home that day?

MR. KRATZ: Do you know whose snowmobile was outside?

MR. KRATZ: Where was the snowmobile parked, if you remember?

MR. KRATZ: Can you show us where that would be, please.

MR. KRATZ: So, near or right next to the Suzuki, on the left side, or on the outside, of the garage; is that right?

MR. KRATZ: Now, I'm just asking you about your observations, Blaine, I don't know -- I don't care who you talked to, or what somebody might have said, but just what you saw with your own eyes, okay?

MR. KRATZ: Do you remember seeing, with your own eyes, or remembering your own observations, whether or not that Suzuki and that snowmobile were moved somewhere else, at some point after the 31st of October?

MR. KRATZ: Okay. You just remember the 31st, that they were next to the garage; is that right?

MR. KRATZ: Let me finally go back to one other diagram that we have been looking at, Exhibit 114, kind of shows us an overview. Can you, again, point to the burn barrel of Steve Avery, where you saw him burning?

MR. KRATZ: Now, can you describe for the jury the smoke or anything else that you saw coming out of that burn barrel when you got home that day?

MR. KRATZ: I want him to describe, if he can, I want to know if he can describe the color, or if there were flames, or more descriptive of what he saw, Judge. That has not been answered.

MR. KRATZ: (By Attorney Kratz)~ If you remember, Blaine, do you remember anything coming out of that burn barrel?

MR. KRATZ: All right. Judge, I will move the admission of Exhibits 349 through 354. And I don't have any further questions of Blaine at this time.

MR. KRATZ: I will need to be heard outside the presence of the jury, Judge.

MR. KRATZ: No, I said if there was, he could use it as in Mrs. Zipperer's refreshing recollection.

MR. KRATZ: That's correct. No handwritten statement.

MR. KRATZ: Blaine, at that November 15 meeting, before they stomped off, did they tell you to tell the truth?

MR. KRATZ: Were they upset at you because they thought that you weren't being honest with them and telling the truth?

MR. KRATZ: During that day, during the 15th, as Mr. Strang has mentioned, do you recall telling the police officers that, in fact, you did see your Uncle Steven burning in his burn barrel, putting this white plastic bag in there?

MR. KRATZ: Do you recall at that same interview, telling these same officers, that you saw a fire, a bonfire the night of the 31st of October?

MR. KRATZ: And is that the time that you identified that it was your Uncle Steven, and Steven alone, that you saw standing by the fire?

MR. KRATZ: How old were you at the time, Blaine?

MR. KRATZ: And as a 17 year old young boy, was there a lot going on in your household at the time?

MR. KRATZ: Was there a lot of pressure being put on you by family members on what to say or what not to say?

MR. KRATZ: Was there any pressure, or did you have any concerns about your Uncle Steven at that time?

MR. KRATZ: Do you recall telling investigators that you were scared of your Uncle Steven, that's the word you used, scared; do you remember saying that?

MR. KRATZ: Yes?

MR. KRATZ: What were you scared about with your Uncle Steven; why were you afraid to tell the truth about your Uncle Steven?

MR. KRATZ: I can rephrase, Judge.

MR. KRATZ: (By Attorney Kratz)~ What were you scared about with your Uncle Steven?

MR. KRATZ: Who's us?

MR. KRATZ: Were you afraid what your Uncle Steven might do to you if you told the statement or testified against him?

MR. KRATZ: You were just generally scared of him?

MR. KRATZ: All right, Blaine, that's all I have for you.

MR. KRATZ: Thank you, Judge.

MR. KRATZ: State will call Bob Fabian to the stand, your Honor.