5.Scott Tadych — Direct/Cross/Redirect

MR. STRANG: Mr. Tadych, you remember October 31, 2005, because you skipped work entirely that day?

MR. STRANG: That is, you were not at work.

MR. STRANG: I didn't mean to suggest it was unexcused, but you did not go to work on October 31?

MR. STRANG: You went to Green Bay to see your mother?

MR. STRANG: She had recently had surgery, you say?

MR. STRANG: Other than your mother, who would have seen you on October 31st before you say Bobby Dassey saw you as the two of you drive past one another on Highway 147?

MR. STRANG: Now, you got home from the hospital at about 3:15 that afternoon, you say, to your home?

MR. STRANG: When do you tell us today you got home from the hospital?

MR. STRANG: And that's your recollection today, oh, 15, 16 months after the events?

MR. STRANG: All right. You remember talking to a couple of law enforcement officers about this back on November 29, 2005?

MR. STRANG: And do you remember what you told them then about when you got home from the hospital?

MR. STRANG: November 29, the first time you talked to them.

MR. STRANG: Do you suppose that reviewing a report one of them prepared might help refresh your recollection about that?

MR. STRANG: I show you Exhibit 356, which is a Division of Criminal Investigation Report, and invite you to look at Page 3. The second paragraph may be the most helpful in refreshing your recollection, but you are welcome to read to yourself any or all of that report.

MR. STRANG: Very well.

MR. STRANG: (By Attorney Strang)~ Did that help refresh your recollection?

MR. STRANG: Did you tell the police on November 29 that you arrived home at 3:15.

MR. STRANG: Well, do you remember telling them that or not?

MR. STRANG: Do you think that maybe back on November 29 your recollection was a little better than it is today --

MR. STRANG: -- about events happening at that point, just one month earlier?

MR. STRANG: Do you think maybe your recollection back on November 29, 2005, was maybe a little better than it is today?

MR. STRANG: It was just one month after the events in question at that point?

MR. STRANG: Now, you then -- you get home, you very quickly get ready to go off deer hunting?

MR. STRANG: You are going to drive west from your home to go deer hunting?

MR. STRANG: Down Highway 147?

MR. STRANG: It's a 15 minute drive or something like that to your hunting spot?

MR. STRANG: And this is when, on your way to hunting is when you see Bobby Dassey?

MR. STRANG: He's going east in the other direction on Highway 147?

MR. STRANG: Now, Highway 147 at that point, if you know, is -- what's the speed limit?

MR. STRANG: Yeah, if you know?

MR. STRANG: 55. All right. And the two of you, obviously, are going in different directions?

MR. STRANG: And so you pass each other and you are later able to tell the police that Bobby was going deer hunting?

MR. STRANG: How did you know that?

MR. STRANG: Let me understand, he's going to hunt deer right behind your trailer?

MR. STRANG: But you don't hunt deer right behind your trailer?

MR. STRANG: And when did he tell you about this hunting trip that he planned right behind your trailer?

MR. STRANG: So you figured since you saw him driving east on Highway 147 he must be going hunting?

MR. STRANG: Anybody else see you going west on 147 to go hunting, so far as you know?

MR. STRANG: Uh-huh, and had you told him that you were going hunting?

MR. STRANG: How would he have known that you were going hunting?

MR. STRANG: (By Attorney Strang)~ You were in your camouflage coat?

MR. STRANG: In your green Ford Ranger?

MR. STRANG: Passing one another at 55 miles an hour?

MR. STRANG: I see. And so you surmise that he would have known you were going deer hunting because he would have seen you in your camouflage clothing?

MR. STRANG: Did you go hunting with anybody that day?

MR. STRANG: I want to go back just a moment, because this was my mistake, November 29, 2005, was not the first time you spoke to law enforcement officers about Halloween, was it?

MR. STRANG: Does November 10 sound more like the first time?

MR. STRANG: Okay. About 10 days, 11 days after Halloween?

MR. STRANG: Correct? And on that occasion, you also told the police that you arrived home from seeing your mother in Green Bay at 3:15, true?

MR. STRANG: Now, if I understood your testimony here today, you get back to Barb Janda's home at about 5:15, something like that?

MR. STRANG: This is a home that she, at that point, shares with her four sons?

MR. STRANG: You see, at that point, Steven Avery, and Barb Janda, and one of the Dassey boys, standing outside talking?

MR. STRANG: All right. And is it your testimony today that you don't recall seeing a fire in that burn area there behind --

MR. STRANG: Oh, you did see the fire there?

MR. STRANG: At 5:15?

MR. STRANG: All right. When do you tell us today you first recall seeing the fire --

MR. STRANG: -- in the burn area --

MR. STRANG: (By Attorney Strang)~ Fire, burn area, behind garage. Today, when did you tell us you first saw that fire?

MR. STRANG: Well, would it help to look at Exhibit 356 again to see what you told the police on November 29th?

MR. STRANG: Do you recall telling the police, on November 29, that you saw a fire burning in the area behind Steve's garage between 5:15 and 5:30 --

MR. STRANG: Okay.

MR. STRANG: Do you recall telling the police, the officers, that between 5:15 and 5:30, on October 31, 2005, you saw two people standing around a fire that was burning in the area behind Steven's garage.

MR. STRANG: You don't recall telling the police you saw that between 5:15 and 5:30?

MR. STRANG: All right.

MR. STRANG: Well, take a look, again, at Exhibit 356. That's not the one I want.

MR. STRANG: I show you Exhibit 357, a DCI report, interview with you that occurred on November 29, 2005. Again, look at any part of it you like. The third paragraph on that page may be the most helpful in refreshing your recollection. All done? Having looked at that, does that refresh your recollection about what you told the police on November 29?

MR. STRANG: Did you tell the police on November 29, that between 5:15 and 5:30 p.m. you saw two people standing around a fire burning in the area behind Steven's garage?

MR. STRANG: Memory fresher then than it is today?

MR. STRANG: Is your memory fresher today or was it fresher back on November 29, 2005?

MR. STRANG: And is that the -- If I understood you today, you are telling us that when you see the fire later, sometime after 7:30, you think the flames were almost as high as the garage, maybe 8 to 10 feet?

MR. STRANG: Was November 29 also the day that you told the police that the flames were at least 3 feet high, at least that high?

MR. STRANG: Whenever you saw this fire, and however many times you saw it, you smelled nothing strange coming from the fire?

MR. STRANG: You heard no one screaming?

MR. STRANG: You heard no gunshots?

MR. STRANG: You didn't see Mr. Avery trying to conceal himself in any way?

MR. STRANG: Especially at 7:15, 7:30, when you drove up, you would have driven up the driveway, with your headlights on?

MR. STRANG: After dark, right?

MR. STRANG: And as you drove west down this lane, as I understand your testimony, then you swung into the driveway this way?

MR. STRANG: Came in this way?

MR. STRANG: But parked over here?

MR. STRANG: All right. So you would have had your headlights on until you parked the car and turned it off?

MR. STRANG: Had the headlights on the entire time?

MR. STRANG: Now, if I understood you as well, today, you have told us that Barb came to your house a little later that evening?

MR. STRANG: You dropped her off, right, she goes in the house?

MR. STRANG: You dropped her off, you presume she went in the house?

MR. STRANG: And then shortly later, she appears at your house?

MR. STRANG: Barb, by the way, at that time, was married to your cousin, Tom Janda?

MR. STRANG: You know, separated or whatever?

MR. STRANG: But the name Janda comes from your cousin, Tom Janda?

MR. STRANG: Okay. And so she comes to your house and the two of you are going to watch television?

MR. STRANG: You remember specifically that you wanted to watch a show called "Prison Break"?

MR. STRANG: Is that something you were recording on the VCR?

MR. STRANG: Or TiVo, something like that?

MR. STRANG: You were going to actually watch it as it was broadcast?

MR. STRANG: Which is why you think you got home at 8:00?

MR. STRANG: Now, she stays, the two of you watch that show?

MR. STRANG: You have a memory of watching that show?

MR. STRANG: And then your recollection, as you told us today, is that she leaves somewhere around 10:30 or 11?

MR. STRANG: You are quite sure that she leaves and goes home?

MR. STRANG: Well, you talked with the police yet a third time, I guess at least, didn't you, after November 29?

MR. STRANG: March 30, 2006, does that sound about right?

MR. STRANG: And Investigator John Dedering from the Calumet County Sheriff's Department?

MR. STRANG: Do you recall telling Investigator Dedering that Barb spent the night at your residence and did not go home, and that you knew she did go directly to work, from your residence, to your knowledge?

MR. STRANG: You don't recall that. Okay. Do you think reviewing Investigator Dedering's report might help refresh your recollection about that?

MR. STRANG: It is -- I will show you Exhibit 358, Investigator Dedering's report of his interview with you on March 30, 2006. Read to yourself any part of it you like. The very bottom on the first page may be most helpful.

MR. STRANG: (By Attorney Strang)~ All done? Does that help refresh your recollection?

MR. STRANG: About what you told Investigator Dedering?

MR. STRANG: Did you tell Investigator Dedering, on March 30, that Barb spent the night at your residence and did not go home; Barb did go directly to work from your residence to your knowledge?

MR. STRANG: Barb works an early morning shift, at least at that time?

MR. STRANG: Until sometime in the mid afternoon?

MR. STRANG: Sometime around the time that you talked to Investigator Dedering, on the occasion you just described, were you trying to sell one of the Dassey boy's .22's to a man named Jay Mathison (phonetic) at work?

MR. STRANG: You weren't? And you are sure, though, that you watched the show Prison Break starting at 8:00 p.m. on Monday, October 31, 2005?

MR. STRANG: Yeah.

MR. STRANG: Are as you sure of that --

MR. STRANG: --as you are of anything you testified --

MR. STRANG: -- here?

MR. STRANG: Okay. You are sure it was 8:00?

MR. STRANG: As sure as you are --

MR. STRANG: Are you as sure of that as you are of anything you testified to here today?

MR. STRANG: That's all I have.