6.Bobbie Dohrwardt — Direct/Cross/Redirect
337 linesCOURT CLERK: Raise your right hand.
BOBBIE DOHRWARDT, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated. Please state your name and spell your last name for the record.
BOBBIE DOHRWARDT: My name is Bobbie Dohrwardt, D-o-h-r-w-a-r-d-t.
(Exhibit No. 359 and 360 marked for identification.)
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: I'm sorry for the delay, Ms Dohrwardt. Can you tell the jury, please, how are you employed?
BOBBIE DOHRWARDT: I work for Cellcom.
MR. KRATZ: And what is Cellcom?
BOBBIE DOHRWARDT: Cellcom is a wireless carrier, local to northeast Wisconsin.
MR. KRATZ: Ms Dohrwardt, have you been asked and have you reviewed cellular telephone records for a subscriber by the name of Steven Avery, or Avery's Salvage -- Auto Salvage for the dates on and around October 31st, 2005?
BOBBIE DOHRWARDT: Yes, sir.
MR. KRATZ: Let me ask you, Ms Dohrwardt, are -- in your employment with Cellcom, are you what is known as one of the custodians of the business records for that business?
BOBBIE DOHRWARDT: Yes, I am.
MR. KRATZ: Generally, what do you do for Cellcom?
BOBBIE DOHRWARDT: I am the team leader for Technical Support Department.
MR. KRATZ: And as team leader, are you able to review, and to the extent that, at least in general terms, we're going to ask you questions; are you able to interpret cellular telephone records that you have been asked to look at?
BOBBIE DOHRWARDT: Yes, sir.
MR. KRATZ: The Court has asked, Judge, and I think Mr. Strang will agree, that we not use telephone records in this instance -- excuse me -- telephone numbers in this instance. And Ms Dohrwardt will be referring, then, to subscriber names rather than numbers. And, please, Mr. Strang, if there's an issue, stop and we can either approach the bench or we can approach the witness at that time. Does that sound fair, Judge?
MR. STRANG: Your Honor, this actually will be Mr. Buting's witness, but we did have an agreement, we do have an agreement, that for purposes of this trial, we'll not identify specific telephone numbers at least without conferring further.
THE COURT: Very well. BY ATTORNEY KRATZ:
MR. KRATZ: Ms Dohrwardt, the first document that you have in front of you, which is actually quite small print, I would ask you to identify that document number for me, please; what exhibit number is it?
BOBBIE DOHRWARDT: Exhibit 359.
MR. KRATZ: And could you tell the jury, please, what Exhibit 359 is?
BOBBIE DOHRWARDT: It is a call record that I produced.
MR. KRATZ: And was this the call record, again, for both incoming and outgoing telephone calls for the cellular telephone records for Steven Avery?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: Again, do these include calls on October 31st of 2005?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: If I ask you at a specific time and if you have another record next to you, which I think is Exhibit No. 360, please feel free to refer to that if that will assist you; does that sound okay?
BOBBIE DOHRWARDT: Fine.
MR. KRATZ: Let me ask you, then, Ms Dohrwardt, at 8:12 a.m. on October 35 (sic), 2005, was a cellular telephone call placed from that cellular telephone of Steven Avery?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And again, referring to Exhibit No. 360, since that will refer to subscriber names rather than numbers, could you tell us who that call went to, please?
BOBBIE DOHRWARDT: That call was to Auto Trader.
MR. KRATZ: And how long or what was the duration of that call?
BOBBIE DOHRWARDT: Two minutes, forty-seven seconds.
MR. KRATZ: I would next ask you to review a outgoing telephone call at 2:24 p.m.; do you note that calling having been made?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And again, referring to Exhibit No. 360 and Exhibit 359, in conjunction, are you able to tell who that telephone call was made to?
BOBBIE DOHRWARDT: To Teresa Halbach.
MR. KRATZ: What is the duration of that call?
BOBBIE DOHRWARDT: Seven seconds.
MR. KRATZ: Now, Ms Dohrwardt, I'm going to ask you about a specific cellular telephone feature, which is called the *67 feature; are you familiar with that?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: Could you explain that to the jury; what is a *67 feature?
BOBBIE DOHRWARDT: It is a remote feature activation that will allow the outbound number to be blocked or restricted on the terminating end.
MR. KRATZ: If the individual on the receiving end had, let's say, caller ID, you may have a better term than that, but if they had what we all know as caller ID, would they be able to see who the call is being made from?
BOBBIE DOHRWARDT: No, it would appear as blocked, or restricted, private, something like that.
MR. KRATZ: And next, Ms Dohrwardt, I'm going to ask you to review those records, again, Exhibit 359 and 360. Ask, at 2:35 p.m., if another call, outgoing call, was attempted from the cellphone of Mr. Steven Avery?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And who was that call placed to?
BOBBIE DOHRWARDT: Teresa Halbach.
MR. KRATZ: Is there a duration or was that a completed call?
BOBBIE DOHRWARDT: There was no duration.
MR. KRATZ: All right. Now, both the 2:24 call and the 2:35 call, do your records reflect that any specific call feature was used on those two calls?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: Which call feature was used?
BOBBIE DOHRWARDT: The *67 blocking feature.
MR. KRATZ: At 4:35 p.m., Ms Dohrwardt, does another outgoing call appear on those records?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: Who was that call made to?
BOBBIE DOHRWARDT: Teresa Halbach.
MR. KRATZ: And is there a duration noted on that call?
BOBBIE DOHRWARDT: No duration.
MR. KRATZ: So duration would be zero?
BOBBIE DOHRWARDT: Zero.
MR. KRATZ: All right. At 5:57 p.m., do your records reflect another call being made?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And who was that call made to?
BOBBIE DOHRWARDT: Charles Avery.
MR. KRATZ: And can you describe for the jury the duration of that call?
BOBBIE DOHRWARDT: Five minutes, twenty-three seconds.
MR. KRATZ: Finally, Ms Dohrwardt, at 9:20 p.m., do your records reflect a final outgoing call that day?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And who is that call made to?
BOBBIE DOHRWARDT: Barb Janda.
MR. KRATZ: And is there a call duration associated with that call?
BOBBIE DOHRWARDT: Zero.
MR. KRATZ: Now, we have talked about Exhibit No. 359 being your records, that is, the records of Cellcom; does Exhibit No. 360 appear to be, legal term is a summary exhibit, of what you have testified to here today?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And do the numbers or times of the calls, type of call, and call durations, all appear consistent with not only the records in 359, but also with what you have testified here today?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: With that, then, Judge, I will move the admission of Exhibits 359, provisionally 360, and maybe an additional stipulation with that exhibit. But I don't believe I have any further questions of Ms Dohrwardt at this time. Thank you.
THE COURT: Any objection to the exhibits?
MR. BUTING: No objection.
THE COURT: All right. The exhibits are received.
MR. BUTING: Can we approach, your Honor?
THE COURT: Sure.
(Side bar taken.)
THE COURT: All right. Members of the jury, we're going to take our afternoon break at this time. We'll resume in about 15 minutes.
(Jury not present.)
THE COURT: All right. We'll resume in 15 minutes.
(Recess taken.)
(Jury present.)
THE COURT: Mr. Buting, you may proceed.
MR. BUTING: Thank you, your Honor.
CROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Good afternoon, Ms Dohrwardt. Just a couple quick questions, first, and then I'm going to return to these exhibits that you have been referring to. All right?
BOBBIE DOHRWARDT: All right.
MR. BUTING: This *67 feature, that's actually available on other lines as well, land lines, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And that's something that the caller uses if they would want to not allow the receiving party to see what that phone number they are calling from is, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: But it doesn't remove it from your phone bill; it still shows up on the customer's own phone bill, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Okay. So it's not like it's a call that becomes invisible if you use *67, it is still in your own records, the customer's own calling records would show the phone number, that the phone call was made, right?
BOBBIE DOHRWARDT: Are you referring to Cellcom, how they bill, or another carrier?
MR. BUTING: Just in general, if you get an itemized bill, it will be on there as an outgoing call, right?
BOBBIE DOHRWARDT: Cellcom only bills for answered calls, with duration.
MR. BUTING: All right.
BOBBIE DOHRWARDT: So --
MR. BUTING: So if it was answered, if you use the *67 call to somebody and it's answered, it will show up on your bill as an outgoing call?
BOBBIE DOHRWARDT: Yes --
MR. BUTING: Okay.
BOBBIE DOHRWARDT: -- but it would not show the restriction.
MR. BUTING: Pardon?
BOBBIE DOHRWARDT: It would not -- It would not separate from --
MR. BUTING: Sure, it will be on there, though?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Okay. So, Mr. Avery's bill would show he made a phone call to Teresa Halbach, each one of those times, whether or not the *67 feature is used, correct?
BOBBIE DOHRWARDT: If it was answered and there was duration, yes.
MR. BUTING: Sure. Okay. Well, let's go into that little issue that you just brought up, answered or not. Do you have 360 -- Exhibit 360 in front of you?
BOBBIE DOHRWARDT: Yes.
MR. BUTING: And then, I'm going to put this up on the ELMO because this is testing the limits of my eyes. Exhibit 359, that's the basis really of your testimony today, your knowledge, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Exhibit 360 was not prepared by you, though, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: That was prepared by the prosecutor, just as sort of a summary exhibit of what your testimony would be?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Okay. If you don't mind, I'm going to take both of these away from you for a moment and I'm going to put them up on the screen. Okay?
BOBBIE DOHRWARDT: All right.
THE COURT: Counsel, one thing, weren't we trying to avoid the numbers? Are you going to show the telephone numbers on the screen?
MR. KRATZ: Yes, I would prefer, Judge, that only 360 be put up on the screen.
MR. BUTING: There is no other way, Judge. If you want to order the cameras not to --
THE COURT: All right. I will ask the television cameras in the courtroom, then, not to show the screen while the telephone numbers are on there. That would be Exhibit 359?
MR. BUTING: That is correct.
THE COURT: Okay. Or Exhibit 360, when it's back to the names, if the television cameras wish to show the screen, they can. Which one are you doing first, Mr. Buting?
MR. BUTING: I'm going to do 359 first.
THE COURT: All right. 359.
MR. BUTING: I just want to show you first, make sure we know what we're talking about here; 359, which has this very small font because you are trying to get -- whoever printed it is getting a long line of columns onto a little 8 1/2 X 11 piece of paper, right?
BOBBIE DOHRWARDT: Correct. Actually both pages, side by side, would be the entire record.
MR. BUTING: Oh, it actually goes out two full pages, you're right.
BOBBIE DOHRWARDT: Correct.
MR. BUTING: Okay. All right. I'm going to zoom in here, first column -- Well, it has a number -- like a sequential number of the phone call for this particular record, right? Seventy, seventy-one, seventy-two?
BOBBIE DOHRWARDT: Right.
MR. BUTING: The next column is seize date and time. Now, if I understand what that is, is when someone makes a call and it gets connected to one of the cell towers, the time begins running, right?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: That's -- The call is seized, whether or not it goes on beyond that, right?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: And then, if you look at the fourth one up from the bottom; do you see the number here, 14:35?
BOBBIE DOHRWARDT: Yes.
MR. BUTING: That is a time, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: That is, 2:35, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And the third one up from the bottom is 16:35, which actually is 4:35 p.m., correct?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Okay. Now, and the one right above -- I'm sorry, I should have started with this one, the fifth -- the sixth one -- or fifth one up from the bottom, 14:24, this call that's placed by Mr. Avery's cell at -- I hate these military time. I'm sorry. 14:24 is 2:24 p.m., right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: That's call number 61?
BOBBIE DOHRWARDT: Eighty-one.
MR. BUTING: Eighty-one. Okay. I should have blown it up more. If we follow along here, the next column is the answer date and time, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And then the next one over is the release date and time, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And then the answer -- the next column is the answer indicator column, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And that call says answered in that column, doesn't it?
BOBBIE DOHRWARDT: It does.
MR. BUTING: And the call right below it, which is the one that was made at 2:35 p.m., says not answered, correct?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: And the call at 4:35 p.m., to Ms Halbach's phone, also says answered, correct?
BOBBIE DOHRWARDT: Yes.
MR. BUTING: Now, we're going to have to remember the order of these, because I have got to turn to the next page. And I don't think you have numbers on there. So, let's looks at, first, call number 83, which is the third one up from the bottom okay?
BOBBIE DOHRWARDT: All right.
MR. BUTING: That's the call that was made at 4:35 p.m. from Mr. Avery's cellphone to Teresa Halbach, right? Still with me?
BOBBIE DOHRWARDT: Yes.
MR. BUTING: The one that says answered over here in that -- in that column. I'm going to turn to the last page, because of this exhibit. Because the last columns -- almost the last columns of this exhibit give us the duration of the phone call, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And if we look, then, at the third to the bottom call -- line here, the call from Mr. Avery's phone at 4:35 p.m. on October 31st, to Teresa Halbach's phone, has a seized duration of 62 seconds, right?
BOBBIE DOHRWARDT: Sixty-two hundredths of a minute.
MR. BUTING: Oh, okay.
BOBBIE DOHRWARDT: Three one.
MR. BUTING: And it does not have a duration of zero, does it?
BOBBIE DOHRWARDT: It does not.
THE COURT: Is that the third one up or the fourth one up?
MR. BUTING: This is the third one up. Do you want to see the first page again?
THE COURT: Yeah.
MR. BUTING: Okay.
THE COURT: Okay. So it's the 4:35 call you are talking about?
MR. BUTING: 4:35 call.
THE COURT: Okay.
MR. BUTING: Is the third one up.
THE COURT: Very well.
MR. BUTING: (By Attorney Buting)~ And would you agree with me that this exhibit shows that it has a duration, a seized duration of 62, 062, and a call duration of .18?
BOBBIE DOHRWARDT: I do.
MR. BUTING: Okay. And the next one above it has a duration of zero?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And the one above that has a duration of .12?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: And back to the first page, the one directly above the 4:35 call that we were talking about, is the one that's made at 14:35, or 2:35 p.m., that's the one that says it's not answered?
BOBBIE DOHRWARDT: Right. There's more to these calls, though.
MR. BUTING: And that one is clearly not answered at all?
BOBBIE DOHRWARDT: Not answered. And the release cause shows the calling party hung up before anything answered the call, voice mail or a person.
MR. BUTING: Okay. The one above it, though, at 2:24 p.m., is answered, right?
BOBBIE DOHRWARDT: Yes. But, again, I can't say by a person or by voice mail.
MR. BUTING: All right. So we don't know whether the call goes -- These records don't tell us whether the call goes into voice mail or whether it's answered by a live person?
BOBBIE DOHRWARDT: If it was a Cellcom customer, I could see that, but not when it's another carrier.
MR. BUTING: All right. And let me just go back to this call, you also testified about a call at 5 -- or your Exhibit 360 refers to a call to Charles Avery at 5:57 p.m., that would be the second to the last row, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Seventeen fifty-seven. and that one is answered, right?
BOBBIE DOHRWARDT: Right.
MR. BUTING: And your Exhibit 360 says the duration was 5 minutes and 23 seconds. This exhibit says 538?
BOBBIE DOHRWARDT: It says 5.38 minutes.
MR. BUTING: Okay. So you divide that into -- you do a calculation and figure out that .38 minutes is 23 seconds; is that how you did it?
BOBBIE DOHRWARDT: Right.
MR. BUTING: Well, in the call above it, it says point -- it says 0.18, you said the duration is zero on this Exhibit 360. It's really not zero, is it?
BOBBIE DOHRWARDT: The call duration is, yes.
MR. BUTING: Call duration says 0.18, correct?
BOBBIE DOHRWARDT: Well, I'm confused on which call we're on now.
MR. BUTING: The third from the bottom, where it says, we have established is, the call at 4:35 p.m. from Mr. Avery's call to Teresa Halbach's?
BOBBIE DOHRWARDT: That would be 11 seconds.
MR. BUTING: So this exhibit, then, 360, is wrong?
MR. KRATZ: Judge, I'm going to object as argumentative. She clearly wanted to explain it; Mr. Buting hasn't let her.
MR. BUTING: We're going to that right this moment.
MR. KRATZ: Well, then don't call it wrong.
THE COURT: All right. I -- That question, to me, allows an answer, so you can explain --
MR. KRATZ: Thank you, Judge.
THE COURT: -- your answer.
BOBBIE DOHRWARDT: Answered, as far as an answered call, being able to tell if it was answered actually by a phone or by voice mail, unable to tell that. And the durations on Exhibit 360, since I have a seized duration and call duration, both columns on my report; I'm not sure which -- which of those numbers was taken for 360, to say that it was right or wrong.
MR. BUTING: All right. Well, what we have just established now, though, today, is that the call that was made from Mr. Avery's cellphone to Teresa Halbach's cellphone, at 4:35 p.m., according to your records in Exhibit 359, Cellcom records, is marked as answered, right?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: And has a duration, not of zero, but of 11 seconds, right?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: And, similarly -- Well, that's okay. We'll leave it with that. So, would you suggest that we correct Exhibit 360 so that in that last column, where it says duration, on that call to Teresa Halbach, that it actually say 11 seconds instead of duration zero?
MR. KRATZ: Objection, Judge, it's a mischaracterization.
THE COURT: Well, I'm going to let her explain -- or answer the question.
BOBBIE DOHRWARDT: Looking at that specific call, something did have answer with the call.
MR. BUTING: Okay.
BOBBIE DOHRWARDT: Whether, again, I can't say a phone or a voice mail system, either would cause that result. But the connection was up for 11 seconds.
MR. BUTING: So then why does Exhibit 360 say duration zero?
BOBBIE DOHRWARDT: I don't know if that's because of how the other carrier shows whether it was answered or not. And how -- I can't explain how their records work, how these numbers came to be.
MR. BUTING: All right. Well, if this Exhibit 360 is being introduced through you, presumably it's based on your knowledge of Cellcom's records --
BOBBIE DOHRWARDT: Correct.
MR. BUTING: Or is it?
BOBBIE DOHRWARDT: Well, I just saw this for the first time today, so I apologize, I did not see that particular call.
THE COURT: Just for the Court's clarification; did you prepare Exhibit 360?
MR. BUTING: Okay.
MR. BUTING: (By Attorney Buting)~ I'm not trying to beat up on you, ma'am, I'm just trying to clarify. I understand that you didn't prepare 360. What I'm asking you is, now, looking at the record yourself, from your own records; would you suggest that perhaps that Exhibit 360 in front of you be amended, if not corrected, amended to show on the duration column, 11 seconds?
BOBBIE DOHRWARDT: Yes.
MR. STRANG: Thank you. That's all I have.
MR. KRATZ: Let me ask --
THE COURT: Mr. Kratz.
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Ms Dohrwardt, if you reviewed, as you have in this case, other records, that is, records other than records from Cellcom, would you be able to give the jury a full explanation of what happened with that call at 4:35?
BOBBIE DOHRWARDT: I don't understand the question.
MR. KRATZ: Are there other records that you have reviewed, regarding that specific call at 4:35 p.m., that better explains what happened with that call, other than your Cellcom records?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: What other records --
MR. BUTING: Judge, let me object. If she's not testifying from her own records, she's unable to authenticate or explain someone else's records. This witness -- If another witness can do that, fine. This witness, as I understand it, is qualified to interpret Cellcom records and she's done that.
MR. KRATZ: Let's ask her, Judge.
THE COURT: Yeah, we don't know yet whether she -- I mean, in a sense, both of you are right. She hasn't been qualified yet, but I can't say for sure that she won't be qualified. So, Mr. Kratz, you may proceed.
MR. KRATZ: Thank you, Judge.
(Exhibit No. 361 marked for identification.)
MR. KRATZ: Is 359 still floating around somewhere?
MR. BUTING: Did I grab it?
MR. KRATZ: (By Attorney Kratz)~ Ms Dohrwardt, I have now handed you what has been marked for identification purposes as Exhibit No. 361 have you seen that document before?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: In providing the information for Exhibit No. 360, the summary exhibit, which as Mr. Buting correctly indicates, is an exhibit created as a summary of voluminous information, did you look at Exhibit 361 and assist in the interpretation of those records, together with your records, of Exhibit 359?
THE COURT: Just a second, before we go further, I think we should identify what Exhibit 361 is.
MR. KRATZ: I would be happy to do that, Judge.
MR. KRATZ: (By Attorney Kratz)~ What is Exhibit No. 361?
BOBBIE DOHRWARDT: Exhibit 361 is a type of call record activity from Cingular.
MR. KRATZ: And do you know what Cingular is?
BOBBIE DOHRWARDT: They are another cellphone provider.
MR. KRATZ: And do you know -- do you know if the Cingular wireless records that are contained in Exhibit 361 tell the other side of the story, for lack of a better term, for what the caller records from 359 tell?
MR. BUTING: Objection, she's still not been qualified to be able to interpret these records.
THE COURT: I assume that she's in the process of being qualified. You may be right, maybe she won't be qualified, but I think this is a foundational question, as I understand it.
BOBBIE DOHRWARDT: These records have a lot of the same information that ours -- that Cellcom records have, but a lot that we don't. They are missing a lot that our records have.
So you can't see, on the calls at these particular times, who actually the calling number was on those; where ours show inbound and outbound. But these do show communication between the phone and the network; durations; outbound numbers, if they were dialed. And that's it. That's all that's on these records.
MR. KRATZ: Exhibit 361 also shows something called a tower site, or a tower designation; is that correct?
BOBBIE DOHRWARDT: Correct.
MR. KRATZ: Now, let's go back to the qualification, your qualifications; as technical research team leader, as in fact the manager of tech support for Cellcom, are you familiar with interpreting that kind of data and that kind of information?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: In fact, you do that every day?
BOBBIE DOHRWARDT: Correct.
MR. BUTING: Which kind of data are we referring to? The question is not clear.
THE COURT: She has to be qualified to interpret the -- Exhibit 361, the records from a competitor.
MR. KRATZ: I understand that, Judge.
THE COURT: That's where you are going?
MR. KRATZ: Yes.
MR. KRATZ: (By Attorney Kratz)~ Are you asked to interpret information -- And the specific column that I'm interested in is cell designation and cell site information. Are you asked to interpret that kind of information every day?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: And, specifically, as you look at Exhibit No. 331, are you able --
THE COURT: 361?
MR. KRATZ: 361, I'm sorry, Judge.
MR. KRATZ: (By Attorney Kratz)~ Ms Dohrwardt, are you able, in looking at Exhibit No. 361, to provide assistance, to provide an explanation as to a call made at 4:35 p.m. on March 31st of 2005? I'm sorry, 4:35 p.m.
BOBBIE DOHRWARDT: What I can --
MR. KRATZ: October 31st, I'm sorry.
BOBBIE DOHRWARDT: What I can say about these records is that communication between the phone and some cell site, which I can't convert, because I don't have a chart to tell what these numbers mean, as far as what cell site, but they clearly show that there's communication between the phone and a site, for every call up until that call. And then there's no further communication with that phone and any cell site after that time.
MR. KRATZ: Based upon your training, based upon -- I assume you have been doing this for a while?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: How long have you been doing this?
BOBBIE DOHRWARDT: Four and a half years.
MR. KRATZ: And are you trained to interpret and provide opinions on data such as in Exhibit 361?
BOBBIE DOHRWARDT: I have not been trained in other carriers records and how they pull them, but being how similar that they are, I feel comfortable with what I'm looking at.
MR. KRATZ: All right. Ms Dohrwardt, recognizing it is Cingular and not Cellcom, recognizing that difference, okay, which is I think what you testified about?
BOBBIE DOHRWARDT: Yes.
MR. KRATZ: Are you able -- I'm not going to ask yet for your opinion, but are you able, looking at those records, at Exhibit No. 361, to provide an opinion as to whether that particular call had a duration, that is, as to whether that was a completed call, that is, completed with a human being on the other end of the line?
BOBBIE DOHRWARDT: There is no cell site on that call, but there is the duration matching --
MR. BUTING: Objection, your Honor.
MR. KRATZ: I'm just asking, yes or no, if you are able to render that opinion.
BOBBIE DOHRWARDT: Oh, yes.
MR. KRATZ: Judge, I don't know if Mr. -- and I want to give Mr. Buting an opportunity to voir dire. I am going to ask that opinion, but if there's --
THE COURT: Well, let me ask this, do you have a Cingular person coming in.
MR. BUTING: Yeah, why don't we do it then?
THE COURT: Is there going to be a witness from Cingular?
MR. KRATZ: Yes, Judge, but I want to be heard. This -- We can't -- If this witness is qualified, I think I'm entitled to ask her that question.
MR. BUTING: Well, he's asking for an expert opinion now, she's not just a custodian. If there's a witness available, let's just move on.
THE COURT: She's indicated that it's not her company and they don't have all the information on the form; however, she's also said she's qualified to interpret this particular information. And I believe, under our rules for expert witnesses, I believe that's sufficient, so I'm going to let her do it.
MR. KRATZ: (By Attorney Kratz)~ Did you understand my question?
MR. BUTING: Your Honor, there's been no disclosure --
(Court reporter couldn't hear.)
MR. BUTING: There's been no disclosure of her report, then, under 971.23, if she's (sic) now going to convert this witness, a custodian, into an expert.
MR. KRATZ: She's just interpreting the data, Judge. And I don't know that she's issued a report, or written report, on this. In fact, I'm quite sure she hasn't.
MR. BUTING: Or any summary of her opinions that are anticipated to be presented. We have been through this before.
THE COURT: All right. Let's save it for the next witness. Your -- Your -- As I understand it, your summary exhibit is a compilation of information that you anticipate eliciting from more than one witness, correct.
MR. KRATZ: Yes. And it's from two witnesses, Judge. This witness is necessary to complete Exhibit 360.
THE COURT: As is the next witness.
MR. KRATZ: I understand that, but the suggestion that is now left before this jury, is that it's somehow an error. And with this witness, I can clear that up. She's qualified to do that and I'm asking for leave to do that. If the Court is saying no, then we'll move on.
THE COURT: I don't agree with your characterization. I think what it -- the only conclusion it draws at this stage, Exhibit 360 is incomplete, because it's a compilation of information you are going to be eliciting from two separate witnesses. So let's limit this witness to what the witness has to say about Cellcom. And then you be can go back to Exhibit 360 when you bring in the Cingular witness.
MR. KRATZ: I will, at this time, Judge, not ask this witness any questions. I'm alerting counsel and the Court that I may recall this witness after our next witness.
THE COURT: Fair enough. Any more questions, Mr. Buting?
MR. BUTING: No, I don't believe so, all the questions were regarding the other witness, so we'll wait for the witness.
THE COURT: All right. You are excused at this time. And the State may call it's next witness.
MR. KRATZ: Thank you, Judge. We'll call Laura Schadrie to the stand.
(Exhibit No. 362 marked for identification.)