4.Afternoon Exhibit Reconciliation
53 lines(Reconvened at 1:30 p.m.; jurors not present.)
THE COURT: We're on the record outside the presence of the jury. At this time, uh, counsel, is there anything either party wishes to place on the record concerning, uh, exhibits?
MR. KRATZ: Yes, Judge. The -- Uh, the State went through with, uh, your clerk, uh, exhibits that were referred to, identified what we believed were offered but she does not have lif -- listed as offered, and, uh, we can go through those at this time.
Photos that we would offer at this time include 164 and 165. That's the evidence photo of the .22 caliber and .50 caliber, um, rifles. Item 416 --
MR. STRANG: Sorry, um --
MR. KRATZ: I'm sorry, 164 and 165.
MR. STRANG: Both are --
MR. KRATZ: Are pictures of the -- of the guns. One of each. Item 416, which is the CV of Mr. Newhouse. Photos 458 through 463. I'm sorry, Janet, I -- I don't know -- how do I identify those? I can in just a minute, Judge.
COURT CLERK: Those were the swabs.
MR. KRATZ: Oh. Those are the swabs that, um, Dr. Lowe (phonetic) had identified and referred to.
I will tell the Court that there are other exhibits which have been marked and are not being offered. I don't know if you want me to put that on the record as well. I can do that. I went through all those with Janet, as well, but at -- at least from my perspective, um, those that I've just identified are the balance of the exhibits that we would offer that have not yet been received by the Court.
THE COURT: Does the defense have any objection to the admission of those exhibits?
MR. STRANG: Uh, no, we -- we don't. Um, like to talk a little bit about some that I'm -- I'm not sure have been offered or not, but...
THE COURT: All right. The exhibits, then, that were just mentioned by Mr. Kratz will be admitted. Uh, Mr. Strang.
MR. STRANG: The only ones that I wanted to talk about, and just nail down the, um, status, are the, um, summaries of phone records. Um, I -- Here's what I think I understand. Initially, we were working toward a stipulation on summaries of phone records that would have names but not telephone numbers and only list calls that the parties jointly thought relevant.
Um, I had asked for some changes to be made to the -- the -- the two the State wanted to offer, I think one for Teresa Halbach's cell phone and one for Steven Avery's cell phone, and I also wanted, um, um, the -- a summary for Steven Avery's landline, which the State originally had prepared, and I think we were in agreement about the two relevant calls.
Um, my -- my current understanding is that, um, counsel for the State did not agree to my proposed additions, um, to those exhibits, and -- and decided not to offer the summaries at all, but I'm -- I didn't had a chance to confirm that with Mr. Kratz, so I'm looking in his direction.
THE COURT: Mr. Kratz?
MR. KRATZ: That's true, Judge. The -- Mr., um, Strang proposed a, uh -- an additional column to the State's prepared summary exhibit, um, which the State believed misrepresented the calls. There -- there's no secret about this. Mr. Strang wanted the column that said "answered" uh, on the exhibit.
Uh, "answered" we believed misrepresented because it could have been either to a voice mail or actually physically answered, um, so rather than, um, argue back and forth, and I appreciate that Mr., uh, Strang and I were not able to come to a, uh, stipulation, I've simply withdrawn my summary, Exhibits 360 and 362.
The records, themselves, uh, although the, uh, records refer, as the Court knows, to phone numbers rather than names, uh, have been received by the Court. Uh, from my perspective, that is, what the State intends, that with the live testimony, I believe, that, uh, I can, uh, get by with -- with those.
Uh, if, uh, Mr. Strang would, um, want those other exhibits, uh, resubmitted, uh, without the "answered", um, column, I'm certainly willing to do that as well. But the fact remains it's a State's summary exhibit, and -- and whether the defense, uh, agrees or wants something on it or not, they're certainly not entitled to that, but that notwithstanding, uh, I was happy to try to work something out with Mr. Strang. That didn't happen. So I've simply, uh, uh, agreed that those exhibits not be received into evidence.
MR. STRANG: And -- and we're actually not in disagreement about that. These are State summaries. He's well within his right to decline to modify them as I'm proposing. So there's no rub on that. The only rub here, um, and I'll -- I'll take the blame for this in the sense that I probably let this go on for a couple of days or three days longer than I should have before checking back in with Mr. Kratz, I was -- not that he would know this, but I was relying on an understanding that at least the Steven Avery landline phone records, or summary of them, would -- would come in.
Now, I don't think, as it turns out, there's any disagreement about the two phone calls from the Manitowoc County Jail about which we had testimony through Investigator Wiegert, uh, and I don't care whether it's a summary or whether it's a page of those phone records, themselves, that come in, um, I just -- maybe this is something we can just stipulate that document in. Um, I -- if -- I -- he's perfectly fine to not offer the summaries and I don't have any problem with the underlying records.
THE COURT: I understood, Mr. Kratz, the concern about the, uh, phone records with respect to, uh -- I assume they were Teresa Halbach's records that would be answered? Issue? Was a cell phone?
MR. KRATZ: Yes.
THE COURT: Um, is there any objection to the, uh, summaries for the defendant's phone? The landline phone?
MR. KRATZ: Only in the sense that there's been nobody to put those in. In other words, that would either have to come from Mr. Avery or from somebody on -- on the other end.
Now, in fairness to Mr. Strang, he asked Mr. Wiegert yesterday, do you remember calls at 5:36 and 8:57? Uh, as an officer of the Court, I can tell the Court those are the correct times. I don't have a problem with that. The testimony is in there just isn't a, um -- a summary of that. Perhaps that's something Mr. Strang and I can work out. I don't have --
MR. STRANG: Yeah.
MR. KRATZ: -- really any dispute as to that.
MR. STRANG: Right. I -- I suspect this will be worked out and I'm not trying to force him to put in the two summaries. That's -- that's really is his decision as -- as he says, um, so we can try to work out, uh, anything in the record.
THE COURT: Anything else before we bring in the jury?
MR. STRANG: Were there any other exhibits that were withdrawn was the only other question I had.
MR. KRATZ: There were some not offered, if that's what you're talking about.
MR. STRANG: Um -- Oh, uh, and 372 I think has not been offered; is -- is that right? The voice mail document. One of the two that, uh, Mr. Zimmerman identified.
COURT CLERK: That's correct.
THE COURT: That's correct.
MR. STRANG: Okay. Is the State not offering --
MR. KRATZ: Oh, no, we -- we were offering that. That wasn't included, Janet, this morning.
COURT CLERK: It was marked as a defense exhibit.
MR. KRATZ: Yes, we would offer that.
MR. STRANG: Okay. And that's -- there's no objection.
THE COURT: All right, 372 is admitted.
MR. STRANG: I think 361 is in. That was the other Zimmerman exhibit.
COURT CLERK: Yes.
THE COURT: Yes. The clerk informs it's already admitted.
MR. STRANG: All right.
THE COURT: Very well.
MR. STRANG: Anything else that was withdrawn?
MR. KRATZ: There was a duplicate -- 492 is a duplicate. We simply gave that back to the clerk.
MR. STRANG: And, then, um, 126 was a -- was a defense exhibit. It's the CD of the radio log dispatch, November 5. I -- if -- if -- I move that in if I forgot to at the time.
MR. KRATZ: No objection, Judge.
THE COURT: All right, 126 is admitted. Anything else?
MR. STRANG: I don't think we've covered all the withdrawn exhibits. Just so my records are straight, then we're okay.
COURT CLERK: I believe so.
MR. STRANG: Okay. We're set.
THE COURT: Uh, at this time we'll call in the jury then. And, Counsel, I've been informed there still is a member of the jury who's not feeling well, so if we have a fast recess, you'll know why.
MR. KRATZ: Okay.
(Jurors in at 1:41 p.m.)
THE COURT: You may be seated. At this time, uh, we'll begin the defense case, then. Mr. Strang, you may call your first witness.
MR. STRANG: Thank you, Your Honor. The, uh, defense calls Lisa Buchner as its first witness. She'll swear you in.