4.Michael Riddle — Cross/Redirect/Recross (Part 2)
222 linesMR. BUTING: (By Attorney Buting)~ Okay. Mr. Riddle, again showing you Exhibit 497, if you could just tell us -- Well, let me do it -- Let me lead you through it. This was a letter that was sent to Manitowoc Sheriff's Department, as far as you knew?
MICHAEL RIDDLE: As far as this goes.
MR. BUTING: Okay. And it was a handwritten letter, do you know if there was anything about the date that it was received, in the information you received?
MICHAEL RIDDLE: Not that I received, no.
MR. BUTING: Okay. Well, then, tell us when it was that you received it and when it was you were asked to do -- to test it for latent fingerprints?
MICHAEL RIDDLE: I received this piece of evidence on December the 4th, of 2006, completed the work on December the 5th.
MR. BUTING: Okay. So, a year after -- actually 13 months after you were first brought into the case to look at the RAV4 at the Crime Lab?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Okay. The box, the cardboard box that contained a vial of blood that you also looked at?
MICHAEL RIDDLE: Yes.
MR. BUTING: That was in -- when was it that you were asked to look at that?
MICHAEL RIDDLE: I believe that was just last week.
MR. BUTING: Last week, okay. If you could check and be sure.
MICHAEL RIDDLE: Actually, it was a couple weeks ago, February the 19th, is when I issued the report on that.
MR. BUTING: All right. And is that true also for the blood vial itself; is that when you examined it?
MICHAEL RIDDLE: The blood vial came in a couple days later, about a week later, actually. I completed that report on February the 26th.
MR. BUTING: All right. Now, I noticed when you picked up the lanyard in your direct testimony, you put on some gloves before you did that?
MICHAEL RIDDLE: That's correct.
MR. BUTING: That's sort of a normal thing officers are taught to do before they handle evidence, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Because you know if you put on gloves, you are not going to leave fingerprints, right? Typically, with the right kind of gloves?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And that's like second nature to a police officer, right?
MICHAEL RIDDLE: Yes, sir.
MR. BUTING: So, really it would be very unusual for you to find police officers' fingerprints on an important item of evidence in a case?
MR. FALLON: Speculation.
MICHAEL RIDDLE: Usually --
THE COURT: I think he can answer it.
MR. BUTING: Okay.
MICHAEL RIDDLE: Occasionally there are slip ups where I have identified officers fingerprints on items of evidence, but for the most part they are very careful about wearing gloves and not leaving prints.
MR. BUTING: All right. We went through a list of items.
(Exhibit 498 marked for identification.)
MR. BUTING: We went through a list of items that earlier on you looked at in, like, I believe November of '05, on direct exam; do you recall that?
MICHAEL RIDDLE: Are you referring to the inventory of the vehicle?
MR. BUTING: Yeah, but I'm going to limit it; I'm going to narrow it down to just a few items, okay?
MICHAEL RIDDLE: Okay.
MR. BUTING: Just so we're clear, maybe I missed it, but it was actually November 7th of 2005 when you were first brought in at the Crime Lab?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And at that time, the vehicle was -- the RAV4, Toyota RAV4, was still at the garage of the Crime Lab, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And that was helpful to you because you have -- you've got decent lighting, and photographic equipment with you, and all of that, right?
MICHAEL RIDDLE: That's correct. We have photographers that take our pictures for us there.
MR. BUTING: Okay. I'm showing you Exhibit 498, could you just identify that, please?
MICHAEL RIDDLE: That's a report issued on December 7 of 2005. Some of the items involved the RAV4 itself and some items recovered from it that I processed for fingerprints.
MR. BUTING: Okay. Now, a number of those items that you processed, you actually did find fingerprints suitable for comparison, correct?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Let's talk about those items for a moment. You found suitable prints on the RAV4 itself, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: We'll get into where in a moment, but you also found suitable prints on this crunchy granola bar wrapper?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And the bottle of Aquafina water?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Were those both found in the front seat?
MICHAEL RIDDLE: I believe the crunchy granola wrapper was found in the rear of the vehicle, in the cargo area.
MR. BUTING: Okay. Just so we're clear, you actually did the search of that vehicle at that time as well, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And you made -- you made note of where you found all of these items, including the lanyard, for instance?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Okay. And you also found and identified a print suitable for comparison on the CD case, a black plastic CD case?
MICHAEL RIDDLE: Yes, that's correct.
MR. BUTING: And on another partially full bottle of Aquafina; is that right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: So two of the three bottles of water, you were able to find a suitable print?
MICHAEL RIDDLE: Yes, sir.
MR. BUTING: Okay. Now, let's talk about the RAV4 itself for a moment. You mentioned the wheel cover on the rear cargo gate had, I guess these patent or patent prints, correct?
MICHAEL RIDDLE: They were more take-aways than prints. A patent print would be -- to me would be a fingerprint that was visible --
MR. BUTING: Okay. I'm sorry.
(Court reporter couldn't hear.)
MICHAEL RIDDLE: The areas on the wheel cover are actually void areas, that are in the shape of a hand print, but there are actually no prints there.
MR. BUTING: Okay. So this was something that -- These were -- I'm using the wrong term. These were just looking like fingers, prints, but there was not -- no ridge detail?
MICHAEL RIDDLE: That's correct.
MR. BUTING: All right. Let's put up Exhibit 307 for a moment here. And, actually, I'm going to put up the other -- I'm going to put up Exhibit 308 first and talk about that, that's a closer up picture of the rear tailgate of the RAV4, right?
MICHAEL RIDDLE: Yes, sir.
MR. BUTING: Okay. And these sort of finger markings up here on the top and the bottom are what you refer to as take-aways, that you couldn't get a ridge detail?
MICHAEL RIDDLE: That's correct.
MR. BUTING: But you did find some fingerprints that were suitable, for identification purposes, on the rear of this vehicle?
MICHAEL RIDDLE: Yes, I did.
MR. BUTING: Okay. And one of which is in this photograph. Do you have the laser pointer with you; could you point where it is?
MICHAEL RIDDLE: Yes. You can't actually see the fingerprint. What you are looking at here is the scale and this points to where the fingerprint is for our photographer, so he can take a picture of it. So it would be right in front of that scale.
MR. BUTING: Okay. Now, if I understand how this worked, you found -- There was a number of places where you found some prints that were suitable for identification, but they didn't lift off of the surface in that fashion, right?
MICHAEL RIDDLE: No, they did not. None of the lifts I made were suitable for comparison.
MR. BUTING: Okay. But, there were fingerprints that you found left on the vehicle that could be preserved in another way, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And that is where your photographer comes and takes a close up photograph of the print that shows a ridge detail, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And it's actually done in sort of a negative fashion?
MICHAEL RIDDLE: That's the way I prefer it. I prefer them to take the photograph and give me the negative, so I can put it on a light box, where the light shines through the back of it, makes the print easier to see for me.
MR. BUTING: Okay. And those are actually better sometimes for identification purposes than the kind that actually lift off with a piece of tape or something, right?
MICHAEL RIDDLE: It can be, yes.
MR. BUTING: Okay. Could you use the pointer, laser pointer, and let's talk about where you found these prints that were suitable for comparison on this vehicle, okay?
MICHAEL RIDDLE: Okay. We had the one, I don't see the tag right now, but the one right here, and most of the other ones, actually came from this area right here and a little farther around this side. I think there was another one, can't see it in this particular picture, but it's going to be around the front of the vehicle. And then there is one on an inside window.
MR. BUTING: Okay. We'll talk --
MICHAEL RIDDLE: I think a total of eight locations.
MR. BUTING: Okay. We'll talk about those in a minute. There were eight locations?
MICHAEL RIDDLE: I believe so, yes.
MR. BUTING: Okay. And if my recollection is correct, you gave them numbers; I don't know if you recall what the actual numbers are?
MICHAEL RIDDLE: Yes, they were 8 -- inside of 825 -- and those were eight latent lifts.
MR. BUTING: Okay. But you found one -- right where we saw on the earlier closeup, one right next to where the key goes in for the cargo gate?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And then three along this pillar to the left side that goes above the taillight assembly?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And then a fifth one was over on the other side, sort of in shadows, on the other side of the wheel cover?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Okay. Now, I'm going to switch to Exhibit 289. This is just a side shot of the vehicle. I don't have a front shot, unfortunately. But the other three that you found, if I'm correct, one of them was in the -- one of them was actually on the inside passenger window, right on this side of the vehicle, wasn't it?
MICHAEL RIDDLE: That's correct, it was.
MR. BUTING: On the inside, right?
MICHAEL RIDDLE: On the inside, yes.
MR. BUTING: And another one was on the inside of the passenger window of the rear window, on the other side, on the passenger side, right?
MICHAEL RIDDLE: Correct, yes, sir.
MR. BUTING: And that was six and seven. And then the eighth one was actually found on the hood?
MICHAEL RIDDLE: That's correct.
MR. BUTING: As if somebody would open a hood, might touch it and leave a fingerprint?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And you compared those fingerprints to the fingerprints standard of Mr. Steven Avery?
MICHAEL RIDDLE: Yes, I did.
MR. BUTING: And they did not match, correct?
MICHAEL RIDDLE: No, they did not, that's correct.
MR. BUTING: And you went through a list of other people that you -- other people's standards that you compared to these unknown fingerprints. But am I correct that you did not, and have not, as of today, ever compared fingerprint standards from Lieutenant James Lenk or Sergeant Andrew Colborn to any of those fingerprints from the RAV4?
MICHAEL RIDDLE: No, I did not.
MR. BUTING: I am correct, you did not, right?
MICHAEL RIDDLE: I did not, you are right.
MR. BUTING: And still have not?
MR. BUTING: No one has asked you to do that?
MICHAEL RIDDLE: No, they have not.
MR. BUTING: Also, absent from that list of people who Mr. Fallon ran down with you, of standards that you compared, you did not compare any fingerprints of Mr. Scott Tadych, T-a-d-y-c-h, did you?
MICHAEL RIDDLE: No, I did not.
MR. FALLON: Objection, relevance.
THE COURT: Sustained.
MR. FALLON: Ask that the answer be stricken.
THE COURT: Court will order the answer to that question be stricken.
MR. BUTING: (By Attorney Buting)~ The standards that you listed on direct are the only ones you got to compare to these eight unknown fingerprints on the RAV4?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Were there also some palm prints found?
MICHAEL RIDDLE: Yes, sir, there was. One of those eight locations did contain a palm print.
MR. BUTING: Okay. And you got actual palm print standards from all of those people as well?
MICHAEL RIDDLE: That's correct.
MR. BUTING: And you did find a fingerprint of Mr. Avery's that matched a fingerprint -- or latent that was left or found on -- as reported to you, on a headboard, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Do you know where that headboard came from?
MICHAEL RIDDLE: I was informed it came from Mr. Avery's bedroom.
MR. BUTING: All right. So finding an owner's or occupant's fingerprint on one's own headboard, would not be that surprising, would it?
MICHAEL RIDDLE: It would be expected.
MR. BUTING: All right. That's all I have of this witness.
THE COURT: Any redirect?
MR. FALLON: Just a few questions.
REDIRECT EXAMINATION BY ATTORNEY FALLON:
MR. FALLON: Do you have any standards from Teresa Halbach to assist you in making any comparisons?
MICHAEL RIDDLE: No, I did not.
MR. FALLON: And as a fingerprint examiner, would you trust, if someone were to bring you a box of her belongings, and say, well, her prints are probably on there? As an examiner, would you use that in making a comparison?
MICHAEL RIDDLE: If they were to bring me --
MR. FALLON: In other words -- Let me ask it, it's a poorly worded question. What do you need for a standard to assure yourself that you are making an accurate comparison and subsequent identification?
MICHAEL RIDDLE: I would need a standard fingerprint card that was received by that individual and we know that the prints on that card were hers.
MR. FALLON: All right. And if an item has been processed for the presence of DNA, in other words swabbed, are you likely to find any kind of prints suitable for comparison after that has been done?
MICHAEL RIDDLE: Not on the areas that were swabbed, no.
MR. FALLON: And that would include a key?
MICHAEL RIDDLE: That's correct.
MR. FALLON: A gun?
MICHAEL RIDDLE: That's correct.
MR. FALLON: Nothing else. Thank you.
MR. BUTING: Just a couple quick follow-up there.
RECROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Do you have any information that -- that -- You know what a .22 rifle looks like, right?
MICHAEL RIDDLE: That's correct, sir, I do, yes.
MR. BUTING: Okay. Has a long wooden stock, right?
MICHAEL RIDDLE: Yes.
MR. BUTING: That would be a good place maybe to find fingerprints.
MICHAEL RIDDLE: Depends on the condition of the wood, stocks usually aren't that great for that.
MR. BUTING: Okay. But, you know, top of the barrel, lots of places on a rifle that might have suitable prints, right?
MICHAEL RIDDLE: That's correct.
MR. BUTING: Do you have any information that anybody from the DNA unit swabbed the complete surface all the way, top, one end to the other, of that rifle?
MICHAEL RIDDLE: I couldn't say what areas were swabbed, sir.
MR. BUTING: Okay. And any areas that weren't swabbed, might well have been suitable for you to look for fingerprints?
MICHAEL RIDDLE: That's a possibility, yes, sir.
MR. BUTING: Thank you, nothing else.
THE COURT: Very well, the witness is excused.
MR. BUTING: Judge, I would move the exhibits for the purposes stated.
THE COURT: Any objection?
MR. FALLON: As I see, 498, and 497, is that it?
MR. BUTING: I believe so.
MR. FALLON: With respect to 497, only for the -- well, for the purposes discussed, fine.
MR. BUTING: Right.
MR. FALLON: And for 498, that's fine.
THE COURT: Very well, 497 and 498 are admitted.
MR. BUTING: Thank you.
THE COURT: Do I understand the State's next witness is going to be appearing by telephone?
MR. KRATZ: Yes.
THE COURT: Members of the jury, I'm going to give you a short break, hopefully short, so you don't have to sit here while we're making arrangements for the telephone. We'll call you back as soon as we're ready.
(Jury not present.)
THE COURT: You may be seated. Mr. Kratz, do you have the number to call?
MR. KRATZ: That would help. Yes, I do, 817 -- We'll do this quietly.
(Off the record.)
THE COURT: Counsel, do I understand that the relevant exhibits that are going to be the subject of testimony, the witness has?
MR. BUTING: That's correct and they are already exhibits that have been introduced here.
MR. KRATZ: Already admitted and he has both of them already marked, Judge.
THE COURT: All right. Who is the witness? Mr. Zimmerman, this is Judge Willis, can you hear me?
MICHAEL RIDDLE: Yes, Judge.
THE COURT: All right. We're outside the presence of the jury at this time. In a few minutes, we'll bring them in. I will let Mr. Kratz -- Mr. Kratz, are you going to be doing the examination?
MR. KRATZ: I will. Perhaps the volume could be just a little louder.
THE COURT: I will let Mr. Kratz call you as a witness and we'll let you know when we're ready.
MR. KRATZ: Mr. Zimmerman, can you hear me, okay? Mr. Zimmerman?
THE COURT: I don't think your microphone is on.
MR. KRATZ: Mr. Zimmerman, can you hear me, okay?
MICHAEL RIDDLE: Yes, I heard that all just fine.
MR. KRATZ: Okay. Thank you.
THE COURT: Mr. Zimmerman, can we hear you again? Are you there?
MICHAEL RIDDLE: Yes, I'm here.
THE COURT: All right. Why don't you talk consistently for a few minutes while we adjust the volume here. You can tell us how the weather is there.
MICHAEL RIDDLE: Well, today the weather is fairly cool and mild. It's approximately 50 degrees outside right now.
THE COURT: All right. When you are giving your testimony, I'm going to ask you to speak perhaps even a little closer into your phone or talk a little louder if you are as close as you can get. We can hear you here, but not quite as loud as everybody else.
MICHAEL RIDDLE: All right.
THE COURT: All right. Are we ready to bring in the jury?
MR. KRATZ: We are, Judge, yes.
THE COURT: Very well, we'll bring in the jury.
(Jury present.)
THE COURT: You may be seated. At this time the jury is back in the courtroom. Mr. Kratz, you may call your next witness.
MR. KRATZ: Thank you, Judge. Via telephone, your Honor, we're going to be calling a gentleman by the name of Tony Zimmerman. Mr. Zimmerman, are you able to hear us okay?
MICHAEL RIDDLE: Yes, I am.
MR. KRATZ: Mr. Zimmerman, I'm sure the Clerk is going to ask you to raise your right hand.
THE COURT: I will take care of that at this time.
MR. KRATZ: I'm sorry, Judge.
THE COURT: Mr. Zimmerman, this is Judge Willis. I'm going to ask you to raise your right hand at this time; do you have it raised?