4.Robert Fabian — Direct/Cross

MR. KRATZ: Mr. Fabian, do you know the defendant, Steven Avery?

MR. KRATZ: He's the gentleman seated in the courtroom next to his lawyers; is that right?

MR. KRATZ: On October 31st of 2005, do you remember seeing Mr. Avery?

MR. KRATZ: Now, do you know any of the other members of the Avery family?

MR. KRATZ: And is there one of the Avery's that you know better than the others?

MR. KRATZ: Who is Earl Avery?

MR. KRATZ: On October 31st of 2005, do you recall being with Earl Avery that day?

MR. KRATZ: Now, are Earl and you friends?

MR. KRATZ: On the 31st of October, that would be Halloween; is that right?

MR. KRATZ: On that date, were you and Earl doing something together?

MR. KRATZ: And where did you go rabbit hunting?

MR. KRATZ: By the junkyard, are you referring to the Avery Salvage Yard?

MR. KRATZ: And was there a mode of transportation or a way that you were getting around the junkyard while you and Earl were rabbit hunting?

MR. KRATZ: Do you know whose golf cart that was?

MR. KRATZ: You mean Delores?

MR. KRATZ: Earl's mom?

MR. KRATZ: When did you begin rabbit hunting that day; do you remember?

MR. KRATZ: All right. Do you know about what time it gets dark or got dark around the 31st of October?

MR. KRATZ: Was it getting dark or was it dark by about quarter to 6?

MR. KRATZ: Just before getting dark, or just before your rabbit hunt was completed, did you find your way up towards Steven Avery's trailer?

MR. KRATZ: I'm going to show you an exhibit which has been received. It's No. 114. It's a computer animation, a drawing, but will this exhibit help you describe or explain the rest of your testimony?

MR. KRATZ: Do you recognize that general area?

MR. KRATZ: What is that area, generally?

MR. KRATZ: All right. Now, do you see both a burn barrel there, a garage, a trailer, and a reddish maroon either Voyager or Caravan?

MR. KRATZ: All right. Now, on the 31st, that is, on October 31st of '05, did that area generally look like that?

MR. KRATZ: Were there some differences on the 31st of October?

MR. KRATZ: All right. Let's talk about each of those things individually. First of all, let me talk about the garage door itself. About what time -- If you can place, as best you can recall, about what time were you in that general vicinity?

MR. KRATZ: This is p.m.?

MR. KRATZ: And at 5:20 p.m., did you have occasion to look at Mr. Avery's garage door?

MR. KRATZ: All right. With the garage door being closed, were you able to see what was in the garage door at the time?

MR. KRATZ: There's some other things on this diagram, specifically the burn barrel; do you remember that barrel on the 31st of October?

MR. KRATZ: Tell the jury what you remember about that burn barrel at about 5:20 p.m. on the 31st of October?

MR. KRATZ: You have got a laser pointer right in front of you. I don't know if you know how to work that thing. There's a button on it. If you can point that at the exhibit. First of all, point out the burn barrel; what are you talking about?

MR. KRATZ: All right. You and Earl were both on the golf cart?

MR. KRATZ: Where were you parked at first with the golf cart?

MR. KRATZ: You are pointing to an area which is still on what would be the driveway area, but just south of, or south-ish, of the burn barrel; is that an accurate description?

MR. KRATZ: Yes, I'm sorry.

MR. KRATZ: (By Attorney Kratz)~ You were pointing from the east to the west?

MR. KRATZ: Towards Steven's trailer?

MR. KRATZ: Did you actually stop in the golf cart? Did you have -- Did the golf cart come to a complete stop?

MR. KRATZ: Okay. Let's talk about the smoke and where was it coming from?

MR. KRATZ: Can you show us again where that was coming from?

MR. KRATZ: All right. Describe for the jury, as best that you can remember, if you can remember, at about 5:20 p.m.; what was the smoke like?

MR. KRATZ: Well, let's talk about that a little bit. Have you smelled plastic, or plastic components being burned before?

MR. KRATZ: All right. Is it your testimony that burning plastic smells different than just regular burning garbage?

MR. KRATZ: And what did you smell that day?

MR. KRATZ: Now, did you ever get out of the golf cart and look in the burn barrel and see what kind of plastic things were burning in there?

MR. KRATZ: When you stopped the golf cart up towards Steven's trailer, did you actually have occasion to see Steven Avery?

MR. KRATZ: And can you describe where you saw him, or where he was coming from?

MR. KRATZ: All right. Did he make it all the way to the garage?

MR. KRATZ: What happened then?

MR. KRATZ: Did you have a conversation with him at that time?

MR. KRATZ: All right. How long were you in the golf cart? How long was this smoke coming toward you at the time?

MR. KRATZ: Mr. Fabian, could you describe, I know you said it was 20 after 5, but could you describe the lighting conditions; what time of day was it? How close was it getting towards dusk?

MR. KRATZ: All right.

MR. KRATZ: Good enough. That's all I have for this witness, Judge. Thank you.

MR. KRATZ: Yes.

MR. KRATZ: After Mr. Tadych, Judge, we do have the two telephone records custodians. Excuse me. We also have available two law enforcement officials who searched what we now know as the burn area. So we can proceed with any of those. Because the records custodians are relatively short. And they have come here today, I would like to put in those records and their testimony. And so if I had a preference in order, I would call Mr. Tadych, the two records custodians, and then we would move on to the burn area search.

MR. KRATZ: Not of this witness, Judge.