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Steven Avery & Brendan Dassey— Case Archive
Steven AverytranscripttranscriptLaura Schadrie — Direct/Cross (Part 1) - Day 12 - Steven AveryCingular records custodian Laura Schadrie reviewed Teresa Halbach’s calls, including a 4:35 p.m. call attributed to Steven Avery. On cross-examination, she said the records could not show whether it went to voicemail.
Kenneth R. KratzJerome F. ButingPatrick L. WillisLaura SchadrieCourt ClerkLaura SchadrieMR. KRATZTHE COURTMR. BUTINGdirectcross
Steven Avery/Day 12/February 27, 2007
10 pages·6 witnesses·2,834 lines
Witnesses testified about the burn barrel, bonfire, RAV4 bloodstains, and October 31 calls. Earlier accounts and conflicting call-duration entries drew questioning. The court deferred decisions on the renewed bullet-testing motion and proposed voicemail-access evidence.
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DirectCross

7.Laura Schadrie — Direct/Cross (Part 1)

Kenneth R. Kratz Jerome F. Buting Laura Schadrie
245 lines
DirectDirectLaura Schadrie — Direct Laura Schadrie Kenneth R. Kratz
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COURT CLERK: Please raise your right hand.

LAURA SCHADRIE, called as a witness herein, having been first duly sworn, was examined and testified as follows:

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COURT CLERK: Please be seated. Please state your name and spell your last name for the record.

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LAURA SCHADRIE: Laura Schadrie, S-c-h-a-d-r-i-e.

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DIRECT EXAMINATION BY ATTORNEY KRATZ:

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MR. KRATZ: Ms Schadrie, what is your occupation?

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LAURA SCHADRIE: I am manager of a Cingular store.

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MR. KRATZ: Where is your business located? Where is your home office?

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LAURA SCHADRIE: Home office is located in Atlanta, Georgia.

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MR. KRATZ: Where are you physically located?

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LAURA SCHADRIE: Fond du lac, Wisconsin.

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MR. KRATZ: All right. Ms Schadrie, as a manager -- Cingular, by the way, is a wireless phone service; is that correct?

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MR. KRATZ: Ms Schadrie, as a manager, as a person in management for Cingular, are you familiar with, and have you been asked to review, various cellular phone records, specifically for a Cingular customer by the name of Teresa Halbach?

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MR. KRATZ: Ms Schadrie, were you asked to review those records and calls placed, both incoming and outgoing calls, for October 31st, 2005, for that Cingular customer?

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MR. KRATZ: And prior to coming to court this afternoon, have you, in fact, reviewed those business records?

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MR. KRATZ: Are you what's called a custodian of those records?

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MR. KRATZ: Ms Schadrie, I'm going to have you look in front of you at -- I believe it's Exhibit 361; do you recognize those records?

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MR. KRATZ: What is Exhibit No. 361?

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LAURA SCHADRIE: It is the call records for -- that I have reviewed.

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MR. KRATZ: Now, I understand that, and so that the Court is clear about your last answer, you have been asked not to discuss or broadcast any specific telephone numbers in this case; is that right?

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MR. KRATZ: Because of that, there are two other documents in front of you, one is Exhibit No. 360 and I think is Exhibit 362; do you see those?

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MR. KRATZ: Ms Schadrie, are you able, in reviewing Exhibit No. 361 and in conjunction with 362, at least as that relates to names rather than telephone numbers, of providing this jury with a summary of telephone calls, both incoming and outgoing, from Teresa Halbach's cellular records dated October 31, 2005?

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MR. KRATZ: I'm first going to ask you to look at a telephone call at 9:46 a.m. And, again, feel free to compare and to use both documents if they will assist you. I'm going to ask you first of all if that was an incoming or an outgoing call?

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LAURA SCHADRIE: That was incoming call.

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MR. KRATZ: And who was that received from?

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LAURA SCHADRIE: Auto Trader.

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MR. KRATZ: Time of the call?

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LAURA SCHADRIE: Thirty-three seconds.

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MR. KRATZ: And you're meaning the duration of the call; is that right?

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MR. KRATZ: All right. And just so the jury understands, those records wouldn't provide you with any detail as to the content of the call, or what it was about, or anything like that; is that right?

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MR. KRATZ: Just the time of the call and the duration of the call and who it may be from, at least a telephone number or a name; is that right?

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MR. KRATZ: All right. Second call I'm going to ask you to refer to is a call at 11:04 a.m.; do you see that call?

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MR. KRATZ: Was that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: And who was that call to?

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LAURA SCHADRIE: Voice mail.

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: 1 minute and 55 seconds.

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MR. KRATZ: The next call I'm going to ask you to describe is a call at 11:27 a.m.; do you see that?

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MR. KRATZ: And was that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: And who is that to?

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LAURA SCHADRIE: Voice mail.

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: 2 minutes and 55 -- 2 minutes and 56 seconds.

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MR. KRATZ: All right. Now, when you talk about voice mail, those of us in the courtroom and those jurors that don't have voice mail, what is a voice mail?

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LAURA SCHADRIE: A voice mail is when a caller leaves you a message if you are not able to answer your phone call, and when you would call your voice mail to retrieve any of your unheard messages.

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MR. KRATZ: Okay. Next call I'm going to ask you to refer to is at 11:43 a.m.; do you see that?

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MR. KRATZ: Is that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: And who is that too?

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LAURA SCHADRIE: Barb Janda.

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: 1 minute and 5 seconds.

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MR. KRATZ: Next call I'm going to ask you to identify is at 12:39 p.m.; was that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: And to whom?

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LAURA SCHADRIE: That was to voice mail.

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MR. KRATZ: And what was the duration of that call?

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LAURA SCHADRIE: Thirty-three seconds.

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MR. KRATZ: The next call I'm going to have you identify is at 12:51 p.m. First of all, was that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: From -- Or to whom, I'm sorry?

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LAURA SCHADRIE: Steven Schmitz.

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MR. KRATZ: And for how long was that call duration?

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LAURA SCHADRIE: Forty-six seconds.

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MR. KRATZ: Do you see another call at 2:12 p.m.?

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MR. KRATZ: And was that incoming or outgoing?

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LAURA SCHADRIE: That was an outgoing call.

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MR. KRATZ: To whom?

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LAURA SCHADRIE: George Zipperer.

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: 1 minute and 9 seconds?

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MR. KRATZ: Next call is at 2:13 p.m., can you describe that for me, please.

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LAURA SCHADRIE: That was an outgoing call to voice mail.

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MR. KRATZ: And how long did that take?

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LAURA SCHADRIE: Thirty-seven seconds.

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MR. KRATZ: Now, do you see a call at 2:24 p.m.?

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MR. KRATZ: And do you know if that was incoming or outgoing?

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LAURA SCHADRIE: That was an incoming call.

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MR. KRATZ: Now, are you able, from your records, to determine who it was from?

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: Eight seconds.

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MR. KRATZ: Next call I'm going to have you identify is at 2:27 p.m.; do you see that?

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MR. KRATZ: And was that incoming or outgoing?

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LAURA SCHADRIE: That was an incoming call.

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MR. KRATZ: And from whom?

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LAURA SCHADRIE: Auto Trader.

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MR. KRATZ: And how long was that call?

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LAURA SCHADRIE: Four minutes and forty-five seconds.

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MR. KRATZ: And, finally, I'm going to have you refer to a call at 4:35 p.m.; do you see that?

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MR. KRATZ: Was that incoming or outgoing?

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LAURA SCHADRIE: That was an incoming call.

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MR. KRATZ: And from whom?

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LAURA SCHADRIE: Steven Avery.

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MR. KRATZ: And what was the duration of that call?

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LAURA SCHADRIE: Thirteen seconds.

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MR. KRATZ: Now, your -- The summary exhibit, that is, Exhibit No. 362, does that set forth the type of calls, who they were sent or received from, the time of the call, and the duration, as you have testified here in court?

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MR. KRATZ: And have you looked back, however, at Exhibit No. 361, those are your Cingular records themselves; is that right?

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MR. KRATZ: I want you to look at the column that deals with cell site information, or where a call may -- may be placed off of, or what's called hit off of; do you see that column?

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MR. KRATZ: All right. Specifically, the call at 4:35 p.m., do you see that call on your records, 361?

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MR. KRATZ: Now, does the call at 3 -- at 4:35 p.m., does that appear to have been a completed call, meaning, did that call hit off of any cell sites that your records reflect?

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LAURA SCHADRIE: I don't know.

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MR. KRATZ: Does it show on the exhibit whether or not it hit off of any cell sites?

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MR. KRATZ: No it doesn't, or no it didn't?

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LAURA SCHADRIE: It doesn't show that it hit any cell site.

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MR. KRATZ: Okay. Now, as a manager, are you required, or do you perform any technical research, or provide any technical opinions for Cingular?

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MR. KRATZ: Are there tech people, in other words, are there technicians or people in your Technical Research Department that do that kind of thing and render those kinds of opinions?

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MR. KRATZ: So you are here today just as the custodian of these records; is that right?

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MR. KRATZ: With that, Judge, at least with Ms Schadrie, that's all the questions I have. I would move the admission of 361 and 362 at this time.

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THE COURT: Any objection?

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MR. BUTING: Yes, but I would like to be heard outside the jury as to the summary of those only. But we can hold off on that and do the cross.

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THE COURT: By summary exhibits, we're talking 360 and 362.

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THE COURT: Very well. Other exhibits are okay?

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MR. BUTING: 361 and 359, I have no objection.

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THE COURT: Okay. Those are admitted. And Mr. Buting, you may commence your cross.

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MR. BUTING: Thank you.

CrossCrossLaura Schadrie — Cross Laura Schadrie Jerome F. Buting
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CROSS-EXAMINATION BY ATTORNEY BUTING:

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MR. BUTING: Good afternoon, ma'am.

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MR. BUTING: Do you still have the exhibits in front of you there?

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MR. BUTING: 361 has a call on it, call No. 7, that's 4:35 p.m., right?

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MR. BUTING: Doesn't actually have a number, in the column it says dial number, there's nothing listed there, right?

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LAURA SCHADRIE: Yes. Correct.

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MR. BUTING: And that's true of a lot of these calls that are on this particular exhibit, right?

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MR. BUTING: But anyway, in this one, it does show that a duration is 13 seconds, correct?

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MR. BUTING: It's not zero, right?

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MR. BUTING: Okay. And you can't tell from this whether the call went into voice mail or not? Possible?

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MR. BUTING: Okay. And just so we're clear, Exhibit 362 that's in front of you, the summary exhibit, does not include all of the calls that were made to and from Teresa Halbach's phone on October 31st, does it?

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MR. BUTING: And, in fact, if you look at Exhibit 361, there is a call at 2:41 p.m., that has a duration of 1 minute and 20 seconds, correct?

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MR. BUTING: And that does show a cell site, right?

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MR. KRATZ: Judge, I'm going to object as irrelevant, unless Mr. Buting wants to admit that there is a relevance that it shows a cell site in there.

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MR. BUTING: I'm just pointing out what's on the record at this point.

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THE COURT: Does it have any relevance?

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MR. BUTING: Well, how about this relevance, it's the last phone call on Teresa Halbach's record that shows an actual cell site location. I think that's pretty relevant.

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MR. KRATZ: I will absolutely stipulate to that, Judge, that's the last call that ever made it to Ms Halbach, that's right.

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MR. BUTING: I'm not stipulating to that. I'm just saying it's the last one with a cell site on it.

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THE COURT: I'm gathering from what you are saying -- both saying, that at least it has some relevance, so I'm going to allow the question.

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MR. BUTING: (By Attorney Buting)~ So, for instance, the 2:41 calls says a minute and 20 seconds duration, right?

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MR. BUTING: And these records don't tell us, if I understand, whether or not a phone call gets sent into voice mail or not?

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MR. BUTING: And there's also a call -- I'm just going to -- this may be compound, but I will ask it any way. There was a call at 1:52 p.m., right?

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MR. BUTING: That's not on Exhibit 362, correct?

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MR. BUTING: There was a call at 12:45 p.m., right?

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MR. BUTING: It's not on Exhibit 362, right?

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MR. BUTING: And neither of those calls show the number that it's coming from?

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MR. BUTING: There's another one at 12:29 p.m., correct?

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MR. BUTING: And all three of those last numbers I mentioned are incoming calls?

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MR. BUTING: You can tell that because an outcoming call -- or outgoing call from her phone would have the phone number that's dialed?

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MR. BUTING: So, for instance, that last actually dialed number that's reflected on here is at 2:13 p.m., that is on Exhibit 362, and that has a long number, that apparently is the voice mail?

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MR. BUTING: Which is actually a 4-1-4 number?

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MR. BUTING: Okay. Is there anything in this exhibit, No. 361, that tells you the names of these people that you testified to, that are on Exhibit 362?

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MR. BUTING: So, when you said, for instance, a phone call to George Zipperer at 2:12, that is not actually reflected on 361, is it?

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MR. BUTING: And you didn't prepare 362, did you?

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MR. BUTING: And the phone call that you mentioned that 362 says was to Steven Schmitz, you can't tell that from your record, Exhibit 361, either, can you?

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MR. BUTING: And even the call to Barb Janda at 11:43 a.m. reflected on 362, you cannot tell that from your own records, 361?

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MR. BUTING: All right. Let's talk about voice mail for a minute, you are familiar with that, right.

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MR. BUTING: If somebody wants to call their own voice mail, from their own Cingular phone; do they have to enter a password?

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MR. BUTING: So you just push some buttons and it goes automatically?

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MR. BUTING: Okay. If somebody wants to call voice mail from a land line, though, say the owner of a cellphone is trying to pick up their messages on a land line, they would have to enter some password, right?

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MR. BUTING: And when one does that, if you are on a land line or -- I will broaden that a little bit, whether you are calling for a land line or your own cellphone, when you call in it will tell you -- give you a message, you have five new messages, something like that, right?

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MR. BUTING: And then you push a button and you listen to all five of those messages, right?

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MR. BUTING: Once you do that, in your records, those are considered opened and listened to. They are still on your system, but they are considered opened and read, right?

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MR. BUTING: If there are phone messages in your voice mail that you don't open and read, they are reflected in your records as unopened?

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MR. BUTING: So, if your records show that on a certain date, let's say, we'll just pick a date, November 5th of 2005, okay. If your records were to show that messages were opened all the way up to that date, on Teresa Halbach's phone, that would mean that somebody had listened to those voice messages?

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MR. KRATZ: Objection, speculation, Judge.

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MR. BUTING: I guess she can answer it.

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MR. KRATZ: I haven't heard a foundation, perhaps he could lay some foundation with this witness.

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THE COURT: All right. That's fair.

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MR. BUTING: (By Attorney Buting)~ You understand Cingular records, right?

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MR. BUTING: You understand Cingular's voice mail process, right?

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MR. BUTING: And you understand how they mark messages, incoming opened, or incoming unopened, right?

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MR. BUTING: And incoming old, you know what that means as well, right?

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MR. BUTING: Incoming old would mean messages that have been already listened to and are still on the system?

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MR. BUTING: Incoming unopened would be messages that are on the system that no one has ever listened to?

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MR. BUTING: All right. And then incoming new would be a brand new message that's come in, probably the most recent one, right?

Continue to next page8.November 2 Voicemail Access, Investigative-Bias Theory, and Deferred Admissibility Ruling
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