1.Voicemail Records and Exhibit 372
22 lines(Reconvened at 9:12 a.m., jurors not present.)
THE COURT: At this time the Court calls State of Wisconsin vs. Steven Avery, Case No. 05 CF 381. We're here this morning, uh, outside the presence of the jury at this time for the continuation of the trial in this matter. Will the parties state their appearances for the record, please?
MR. KRATZ: Good morning, Judge. The State appears by the Calumet County District Attorney, Ken Kratz, Assistant Attorney General, Tom Fallon, Assistant D.A. Norm Gahn, appearing as special prosecutors.
MR. STRANG: Steven Avery's present in person, Jerome Buting and Dean Strang on his behalf.
THE COURT: All right. I'll indicate for the record that I met with counsel, uh, in chambers before beginning today, uh, to discuss the schedule for today, uh, and, uh, the Court also discussed with counsel the, um, issue relating to the, uh, victim's, uh, voicemail records, which the Court reserved ruling on, uh, yesterday, uh, and I'd like, uh, counsel to indicate the status of that matter as they see it, uh, this morning.
Um, Mr. Buting, you were offering the evidence, so I'll have you go first.
MR. BUTING: Yes, Judge. Uh, my understanding is that, uh, there may or may not be a -- a explanation that -- acceptable to the defense as to the, uh, nature of these particular records, which seem to indicate that messages were listened to only through November 2 at eight a.m.
Um, the State is going to be following up on this and attempting to confirm, or get some information, or actually present a -- a witness from Cingular who can explain their records, which clearly seem to indicate that, to me, if the records are -- can be explained otherwise, then we'll have that answer, and, if not, then it's something that we will be raising and asking the Court to permit, um -- to be admitted at this -- in this trial.
THE COURT: Mr. Kratz?
MR. KRATZ: Judge, we, uh, will have a combination of witnesses that will explain Mr. Buting's misinterpretation of these records. Uh, we intend to do that before the close of our case, just as soon as those witnesses, which we expect to be remote witnesses, that is, from out of state, uh, are, uh, available. I'll alert the Court and Counsel of that fact and we will be calling them, as I mentioned, before the close of our case.
THE COURT: All right. Uh, anything else before we bring in the jurors?
MR. BUTING: One thing I wonder is whether we might want to at least mark the exhibit that we were, uh -- that's the subject of this issue so that it could be not presented to the jury, obviously, unless it's so ruled, but at least it is part of the record?
THE COURT: Oh, um, I agree. I wasn't aware it hadn't been marked. Uh, it definitely should be.
(Exhibit No. 372 marked for identification.)
MR. BUTING: All right. So this is --
THE COURT: What is the exhibit number?
MR. BUTING: It's 372, but the, uh -- Exhibit is 372 and it's a, uh -- a computer record of voicemails from Teresa Halbach's Cingular phone covering the period of October 31 through November 3. I think there actually is one two weeks later even, November 16. Um, a record from Cingular, and the interpretation or explanations of it will have to wait until we can find out further information.
THE COURT: Very well. Anything else before we bring in the jury?
MR. KRATZ: Your Honor, I think I need that exhibit number again. I'm sorry. Three --
COURT CLERK: Three seventy-two.
MR. KRATZ: Three seventy-two. Thank you.
THE COURT: All right. You can call in the jury.
(Jurors in at 9:17 a.m.)
THE COURT: You may be seated. Uh, good morning, members of the jury. Uh, Mr. Kratz, at this time you may call the State's next witness.