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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayThomas J. FallonNorman A. GahnKenneth R. KratzJerome F. ButingDean A. StrangLisa BuchnerRoland JohnsonDebra KakatschJohn LeurquindirectcrossredirectrecrossDay 19 - March 8, 2007The court heard renewed search, acquittal, and forensic-testing motions without ruling. Defense witnesses described a woman photographing a van, an unidentified green SUV, and earlier rifle use near the garage. The court later excluded proposed testimony about the Manitowoc County coroner’s involvement in the investigation.
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Day 19 - March 8, 2007

Renewed Motions, Defense Testimony, and Coroner Ruling

Judge Patrick L. Willis
18Proceedings
9Pages
4Witnesses
1,642Lines
Day 19 of 27
Appearing:
Thomas J. Fallon Norman A. Gahn Kenneth R. Kratz Jerome F. Buting Dean A. Strang Lisa Buchner Roland Johnson Debra Kakatsch John Leurquin

The court heard renewed search, acquittal, and forensic-testing motions without ruling. Defense witnesses described a woman photographing a van, an unidentified green SUV, and earlier rifle use near the garage. The court later excluded proposed testimony about the Manitowoc County coroner’s involvement in the investigation.

Full day summary

The court heard renewed defense challenges to the November 5 searches. After the State rested, the defense moved for acquittal on all remaining counts, focusing its argument on false imprisonment. The defense also renewed its fair-forensic-testing motion concerning the Item FL bullet fragment, seeking suppression or a jury instruction. The State opposed the motions. The court reserved rulings on the outstanding motions until Monday, before further jury testimony. After exhibit matters were addressed, the defense called Lisa Buchner, who recalled seeing a woman photograph a van near her school-bus drop-off point but could not establish the sighting’s date. John Leurquin described a green SUV that appeared to be leaving the Avery Auto Salvage area on October 31; he could not identify it as Teresa Halbach’s vehicle. Roland Johnson testified about firing his rifle near the garage and leaving ejected casings where they fell. He could not say whether casings entered the garage through an open door or firmly date a cut he recalled seeing on Avery’s hand. Manitowoc County Coroner Debra Kakatsch began testifying about her office and how she learned of reported suspected bones. Following an offer of proof outside the jury’s presence, the court excluded further proposed testimony about her involvement in the investigation as minimally probative and likely to confuse the issues, while leaving open reconsideration if later testimony supplied additional relevance.

1. Renewed Challenge to November 5 Warrant Searches

The defense renewed its challenge to the November 5 warrant searches. The court made no ruling during the exchange and deferred a separate fair-forensic-testing motion until Gahn arrived.

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Procedural
Morning motion docket and evidentiary status
8 lines
Procedural
Renewed challenge to November 5 warrant searches
30 lines

The defense and State argued over repeated searches under the November 5 warrant, particularly the burn area. The court made no new ruling.

Highlights

Renewed challenge to November 5 warrant searchesprocedural actionThe court identifies the defense's renewed challenges: sequential searches, the factual basis for the warrant affidavit, and the timing of the burn-area search.

2. Motion for Judgment of Acquittal

After the State rested on Day 19, the defense moved for acquittal on four remaining counts. The court recessed without ruling.

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Procedural
Motion for judgment of acquittal
18 lines

The defense sought acquittal on four counts, concentrating on whether the evidence supported false imprisonment. The State opposed the motion; the court did not rule.

Highlights

Motion for judgment of acquittalprocedural actionAfter the State rested, the defense moved for acquittal on all four remaining counts and argued in particular that the evidence could not support false imprisonment.Motion for judgment of acquittal“And while you certainly can mutilate a corpse, or treat a corpse unlawfully, you can't confine or restrain a corpse.”— Dean A. StrangStates the defense's distinction between handling a body and restraining a living person.

3. Renewed Fair-Forensic-Testing Motion

Buting renewed the defense's motion over testing of the Item FL bullet fragment on Day 19. Gahn opposed it, and the court deferred a ruling until Monday morning before jury testimony.

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Procedural
Renewed fair-forensic-testing motion
55 lines

The defense sought suppression of Item FL bullet DNA evidence or a jury instruction; the State opposed, and the court reserved its ruling.

Highlights

Renewed fair-forensic-testing motionprocedural actionButing renewed the fair-forensic-testing motion, arguing that testing of Item FL left no untested DNA material for the defense and seeking suppression or, alternatively, a jury instruction.Renewed fair-forensic-testing motionprocedural actionThe court reserved decisions on the outstanding motions until Monday at 8:30 a.m., before further testimony to the jury.

4. Afternoon Exhibit Reconciliation

Outside the jury's presence, the court admitted several exhibits and the State withdrew two phone-record summaries before the jury returned for the defense case.

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Procedural
Afternoon exhibit reconciliation
53 lines

The court admitted several exhibits, and the State withdrew two disputed phone-record summaries before the defense case began.

5. Lisa Buchner — Direct/Cross/Redirect

Lisa Buchner recalled seeing a woman photographing a van near her bus drop-off point, but could not establish the sighting’s exact date.

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Direct
Lisa Buchner — Direct Lisa Buchner Dean A. Strang
195 lines

Bus driver Lisa Buchner recalled seeing a woman photograph a van near the Dassey boys' drop-off, but could not recall the exact day.

Cross
Lisa Buchner — Cross Lisa Buchner Norman A. Gahn
111 lines

Buchner could not date her sighting to the week of October 31, but mapped where she recalled seeing a woman and vehicles near her bus drop-off.

Redirect
Lisa Buchner — Redirect Lisa Buchner Dean A. Strang
14 lines

Buchner said she reported the sighting on her own, believed she did so that Saturday, and gave a statement a few days later.

Highlights

Lisa Buchner — Directtestimony highlightBuchner recalled seeing a woman with a camera photographing a van in the driveway where she dropped off the boys.Lisa Buchner — CrossadmissionBuchner could not place the sighting on an exact date or say it occurred during the week of October 31; she agreed it could have been one or two weeks earlier.

6. John Leurquin — Direct/Cross/Redirect/Recross/Redirect

John Leurquin described seeing a green SUV near Avery Road on October 31, but could not say whether it was Teresa Halbach's vehicle.

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Direct
John Leurquin — Direct John Leurquin Jerome F. Buting
244 lines

Leurquin recalled a green SUV appearing to leave the Avery Auto Salvage area on October 31, but could not identify it as Halbach's vehicle.

Cross
John Leurquin — Cross John Leurquin Thomas J. Fallon
93 lines

Leurquin could not identify the green SUV as the sought vehicle, but maintained that he saw it on October 31.

Redirect
John Leurquin — Redirect John Leurquin Jerome F. Buting
22 lines

Leurquin said the vehicle looked similar to the one shown on television as Halbach's, but he could not identify it with certainty.

Recross
John Leurquin — Recross John Leurquin Thomas J. Fallon
18 lines

Leurquin maintained his time estimate but could not specifically recall other vehicles or whether he saw the school bus.

Redirect
John Leurquin — Re-redirect John Leurquin Jerome F. Buting
14 lines

Leurquin said the green SUV was unfamiliar to him and that he had not seen it arrive.

Highlights

John Leurquin — DirectadmissionHe said he could not tell whether the green SUV was Teresa Halbach's vehicle, although he remembered the sighting as occurring on October 31.John Leurquin — Direct“I seen a green SUV. I can't say it was that one or a different one.”— John LeurquinExpressly limits any identification of the SUV as Halbach's vehicle.

7. Roland Johnson — Direct/Cross/Redirect

Roland Johnson testified about his rifle, casings near the garage, and burn barrel. Questioning also addressed a cut he recalled seeing on Steven Avery's hand, which Johnson could not firmly date or match to a photograph.

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Direct
Roland Johnson — Direct Roland Johnson Jerome F. Buting
350 lines

Johnson identified his Marlin .22 and described years of firing near the garage, but said he last used it before Jodi moved in. He could not date smelter use from its appearance.

Cross
Roland Johnson — Cross Roland Johnson Kenneth R. Kratz
222 lines

Johnson discussed Avery's hand cut, identified his firearms, and said casings from his outdoor shooting could have entered the garage. He could not establish later burn-barrel use.

Redirect
Roland Johnson — Redirect Roland Johnson Jerome F. Buting
51 lines

Johnson said cuts were common at the junkyard and could not be sure the cut he recalled on Steven Avery matched the photograph.

Highlights

Roland Johnson — Directtestimony highlightJohnson said he had fired the rifle around the lot and garage, including into a hole by the garage door, and had left ejected casings where they fell.

8. Debra Kakatsch — Direct

Manitowoc County Coroner Debra Kakatsch described her office’s work and said she learned from television of reported suspected human bones on or near the Avery property.

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Direct
Debra Kakatsch — Direct Debra Kakatsch Dean A. Strang
99 lines

Coroner Debra Kakatsch described her duties and said she first learned from television of reported suspected bones near the Avery property.

9. Hearing on Proposed Kakatsch Testimony

The court declined to allow proposed testimony from Manitowoc County coroner Ms. Kakatsch, while leaving open reconsideration if later defense testimony supplied additional relevance.

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Procedural
Hearing on proposed Kakatsch testimony
45 lines

After a defense offer of proof, the court excluded proposed testimony from Ms. Kakatsch as minimally probative and potentially confusing.

Highlights

Hearing on proposed Kakatsch testimonyrulingThe court excluded the proposed testimony as minimally probative and likely to confuse the issues, while noting the defense's objection and offer of proof.
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