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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayThomas J. FallonNorman A. GahnJerome F. ButingMarc LeBeauLynn ZigmuntdirectcrossredirectrecrossDay 17 - March 6, 2007The court discussed preserving RAV4 blood evidence, Clerk of Court Lynn Zigmunt testified about access to Avery's 1985 case file, and FBI chemist Marc LeBeau testified about EDTA testing and its limits.
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Day 17 - March 6, 2007

Blood Evidence Preservation, Clerk’s Office Access, and EDTA Testing

Judge Patrick L. Willis
12Proceedings
4Pages
2Witnesses
2,374Lines
Day 17 of 27
Appearing:
Thomas J. Fallon Norman A. Gahn Jerome F. Buting Marc LeBeau Lynn Zigmunt

The court discussed preserving RAV4 blood evidence, Clerk of Court Lynn Zigmunt testified about access to Avery's 1985 case file, and FBI chemist Marc LeBeau testified about EDTA testing and its limits.

Full day summary

The defense sought to preserve RAV4 blood evidence and a blood vial and to obtain access for independent testing. The State did not object. The court proposed an order preserving the items now, with the manner of preservation to be determined after trial; the separate request for automatic testing access remained unresolved. Clerk of Court Lynn Zigmunt described storage of Avery's 1985 case file and a file-access log begun in April 2005. She said the sign-in directive was not consistently followed at first, clerks could have an obstructed view of people handling the file, and a master key could open the inner-office door. She could not say whether particular investigators had viewed the file. FBI chemist Marc LeBeau testified that his laboratory detected neither EDTA nor iron-bound EDTA on the submitted RAV4 bloodstain swabs, while a blood tube reported to have come from Avery contained significant EDTA. He opined that the tested stains could not have come from that tube. The court sustained an objection to framing the result as an unrestricted finding that no evidence was planted. On cross-examination, LeBeau acknowledged that the method was not validated to measure an accurate EDTA quantity and clarified that his conclusion did not rule out a blood source without EDTA. Questioning also addressed a later study using a method not validated for blood spot cards and later testing in another case; LeBeau disputed the defense's characterization of his earlier work.

1. Defense Motion to Preserve Blood Evidence

The defense sought to preserve RAV4 blood evidence and obtain independent testing access on Day 17. The court proposed a preservation order but did not resolve automatic testing access.

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Procedural
Morning session opening and appearances
4 lines
Procedural
Defense motion to preserve blood evidence
31 lines

The court invited a proposed order preserving RAV4 blood evidence and a blood vial, while leaving preservation details for later.

Highlights

Defense motion to preserve blood evidencerulingThe court proposed that the defense prepare an order preserving the items now, with the manner of preservation to be determined after trial; the defense agreed it could prepare the order.

2. Pending Motions and Voicemail Testimony

The court reviewed pending defense motions and plans for testimony about November 2 voicemail access on Day 17. It made no ruling in this exchange.

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Procedural
Status of pending motions and voicemail testimony
21 lines

The court reviewed pending fair-testing, voicemail-evidence, and search-suppression matters, identifying possible argument, planned testimony, and transcript review without ruling.

3. Lynn Zigmunt — Direct/Cross/Redirect/Recross

Lynn Zigmunt testified about storage of Avery’s 1985 case file, access to the Clerk’s Office, and a video excerpt of the blood-vial box examination.

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Direct
Lynn Zigmunt — Direct Lynn Zigmunt Thomas J. Fallon
185 lines

Lynn Zigmunt authenticated 1985 case-file records and described file storage and access; the court limited her testimony about unobserved visits, then admitted the identified exhibits except an unfamiliar log.

Cross
Lynn Zigmunt — Cross Lynn Zigmunt Jerome F. Buting
317 lines

Zigmunt described gaps in file sign-in practices and supervision, then reviewed a video of the blood-vial box examination; the court limited her interpretation of its seals.

Redirect
Lynn Zigmunt — Redirect Lynn Zigmunt Thomas J. Fallon
19 lines

Zigmunt clarified what she knew about bailiffs' keys and code access, and said other deputies could enter the inner office when buzzed in by a clerk.

Recross
Lynn Zigmunt — Recross Lynn Zigmunt Jerome F. Buting
54 lines

Zigmunt distinguished the file's usual storage location from a viewing-area photograph; the court sustained a scope objection, then admitted Exhibits 468–471 after a witness-order discussion.

Highlights

Lynn Zigmunt — Directtestimony highlightZigmunt said she began a file-access sign-in log in April 2005, acknowledged that its early use was lax, and recalled a more inclusive practice by about October 2005.Lynn Zigmunt — Crosstestimony highlightUsing photographs of the file and office, the defense examined where the box was kept and whether clerks could directly see someone handling its contents. Zigmunt agreed that the partitions and an unoccupied workstation could obstruct their view.Lynn Zigmunt — Crosstestimony highlightZigmunt said she learned during the investigation that a master key could open the inner-office door without its combination, including after hours. She did not identify who held such keys.

4. Marc LeBeau — Direct/Cross/Redirect/Recross (Recall)

FBI chemist Marc LeBeau testified that tested RAV4 bloodstains showed no EDTA and, in his opinion, could not have come from a blood tube reported to have come from Steven Avery. Cross-examination challenged the test and the limits of that conclusion.

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Direct
Marc LeBeau — Direct Marc LeBeau Norman A. Gahn
445 lines

LeBeau testified that EDTA was detected in the submitted blood tube but not in tested RAV4 swabs, and opined that the stains could not have come from that tube. The court rejected a broader planting question.

Cross
Marc LeBeau — Cross Marc LeBeau Jerome F. Buting
1249 lines

Buting pressed LeBeau on the FBI's case-specific EDTA method, a later spot-card study, and the reach of his blood-source opinion. LeBeau defended the testing but did not rule out planting from a source without EDTA.

Redirect
Marc LeBeau — Redirect Marc LeBeau Norman A. Gahn
20 lines

LeBeau explained later trace findings and disclosures concerning his Sybers-case testing, then testified that Dr. Sybers pleaded guilty.

Recross
Marc LeBeau — Recross Marc LeBeau Jerome F. Buting
4 lines

LeBeau said he did not know whether Dr. Sybers pleaded guilty to time served and was released immediately.

Procedural
Recross interruption and Exhibit 466 dispute
25 lines

Highlights

Marc LeBeau — Directtestimony highlightLeBeau reported no detected EDTA or iron-bound EDTA on the RAV4 control swabs or the submitted bloodstain swabs, but significant EDTA in the purple-stoppered tube reported to have come from Steven Avery.Marc LeBeau — Directtestimony highlightLeBeau opined that the tested RAV4 bloodstains could not have come from the EDTA tube supplied to the FBI.Marc LeBeau — Direct“It's my opinion that the bloodstains that were collected from the RAV4 could not have come from the EDTA tube that was provided to us in this case.”— Marc LeBeauGives LeBeau's conclusion, limited to the tested bloodstains and the tube supplied in this case.Marc LeBeau — DirectrulingThe court sustained the defense's objection when the prosecutor asked whether the testing meant there was no evidence planting without limiting the question to the tested tube scenario.Marc LeBeau — CrossadmissionLeBeau acknowledged that the samples were run in the reverse ion-mode order from the written procedure, at his direction, calling it a minor deviation. He also confirmed that the method was not validated to assign an accurate EDTA quantity.Marc LeBeau — Cross“It's not validated to provide an accurate number on any measurement we make where we put a number on it.”— Marc LeBeauHe distinguished qualitative EDTA detection from quantitation.Marc LeBeau — CrossconfrontationPressed on the reach of his conclusion, LeBeau said he was willing to extend it to three untested vehicle swabs, but clarified that he was not ruling out planting from a blood source without EDTA.
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