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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayKenneth R. KratzJerome F. ButingDean A. StrangCurtis DrummRyan HillegasDawn PliszkaSteven SchmitzAngela SchusterPamela SturmJoEllen ZippererdirectcrossredirectrecrossDay 2 - February 13, 2007The court found no prohibited statements in the defense opening and excluded a separate statement offered through Dawn Pliszka. Auto Trader witnesses described Halbach’s October 31 appointments, while other witnesses addressed her visits and the search for her. Pamela Sturm testified about finding a vehicle marked RAV4 at Avery Salvage Yard.
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Day 2 - February 13, 2007

Opening Rulings, Auto Trader Appointments, and RAV4 Discovery

Judge Patrick L. Willis
27Proceedings
8Pages
7Witnesses
2,697Lines
Day 2 of 27
Appearing:
Kenneth R. Kratz Jerome F. Buting Dean A. Strang Curtis Drumm Ryan Hillegas Dawn Pliszka Steven Schmitz Angela Schuster Pamela Sturm JoEllen Zipperer

The court found no prohibited statements in the defense opening and excluded a separate statement offered through Dawn Pliszka. Auto Trader witnesses described Halbach’s October 31 appointments, while other witnesses addressed her visits and the search for her. Pamela Sturm testified about finding a vehicle marked RAV4 at Avery Salvage Yard.

Full day summary

The court found that the defense opening had not crossed its limits on third-party liability evidence and found no prohibited bias argument or reference to Avery’s statements. Auto Trader manager Angela Schuster described Halbach’s earlier visits to the Avery property and said Halbach called shortly after 11 a.m. on October 31 to accept a shoot later identified in office records as the Avery appointment. Schuster said those records could not show whether Halbach made a later photographer-arranged shoot. Before the jury heard receptionist Dawn Pliszka, the court excluded her offered account of a statement Halbach had made about Avery, citing uncertainty about its timing and context. Pliszka then testified about the October 31 appointment request and a 2:27 p.m. call in which, she said, Halbach reported she was on her way and referred to the Avery brothers. On cross-examination, Pliszka said she had assumed Halbach was going directly to that appointment and did not know whether she made another private stop. Pilot Curtis Drumm described a November 4 aerial search and the difficulty of identifying a particular vehicle at the salvage yard. Steven Schmitz placed Halbach at his New Holstein driveway around 1:30 p.m. JoEllen Zipperer initially estimated a mid-afternoon visit; after reviewing her statement, she placed it between 2 and 2:30 while acknowledging she had worn no watch. Ryan Hillegas described organizing volunteer searches. Pamela Sturm testified that she and her daughter found a branch-covered vehicle marked RAV4 at Avery Salvage Yard. She said her daughter tried its locked doors, a windshield wiper was touched, and neither entered it. After Sturm described a cell phone found during a later search near Mishicot, the court directed the State to check for reports of that incident and share any it found.

1. Objections and Rulings on the Defense Opening Statement

Kratz challenged the defense opening statement, but the court found no prohibited third-party accusation or reference to Avery’s statements and found the bias argument unobjectionable at that stage.

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Procedural
Session opening and appearances
4 lines
Procedural
Arguments on objections to the defense opening statement
9 lines

The State challenged three aspects of the defense opening; Strang responded, and the court made no new ruling in this exchange.

Procedural
Rulings on objections to the defense opening statement
1 lines

The court declined to sustain objections to three defense-opening themes and reminded the parties that openings are not evidence.

Highlights

Rulings on objections to the defense opening statementrulingThe court found that the defense opening did not identify a specific third party as responsible and did not cross the line it described for third-party liability evidence.

2. Angela Schuster — Direct/Cross/Redirect

Auto Trader manager Angela Schuster testified about Halbach's October 31 appointment and the office's records of other shoots. She said those records could not show whether Halbach left the Avery property for another shoot that day.

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Procedural
Stipulation arrangements and jury logistics
13 lines
Direct
Angela Schuster — Direct Angela Schuster Kenneth R. Kratz
180 lines

Auto Trader manager Angela Schuster identified prior Avery property photographs and recounted Halbach's October 31 call accepting a photo shoot.

Cross
Angela Schuster — Cross Angela Schuster Jerome F. Buting
289 lines

Buting established that Auto Trader would not know about a photographer-sourced hustle shot in advance, and Schuster said its records could not show whether Halbach went to one after leaving Avery's property on October 31.

Redirect
Angela Schuster — Redirect Angela Schuster Kenneth R. Kratz
24 lines

Schuster agreed with a conditional question about later hustle shots, and the court admitted Exhibits 18 and 19.

Highlights

Angela Schuster — Directtestimony highlightSchuster recounts Halbach's call shortly after 11 a.m. on October 31: Halbach said she could take a shoot and asked that its information be faxed. Schuster says records later identified it as the Avery property shoot, and she had no further contact with Halbach.Angela Schuster — CrossadmissionSchuster agreed that, without a completed fax or mailed information after October 31, Auto Trader's records could not tell whether Halbach left Avery's property for a later hustle shot.

3. Dawn Pliszka — Direct/Cross/Redirect/Direct/Cross

Dawn Pliszka's testimony about a comment Halbach reportedly made was excluded. Pliszka then testified about the October 31 Auto Trader appointment request and Halbach's call that afternoon.

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Direct
Dawn Pliszka — Direct Dawn Pliszka Kenneth R. Kratz
27 lines

Pliszka recounted Teresa's report that Avery had come out in a towel; she said Teresa did not specify where. Kratz identified the questioning as an offer of proof, not testimony before the jury.

Cross
Dawn Pliszka — Cross Dawn Pliszka Dean A. Strang
31 lines

Pliszka said Halbach had not dated the reported incident and had mentioned it briefly during what Pliszka thought was a work-related call.

Redirect
Dawn Pliszka — Redirect Dawn Pliszka Kenneth R. Kratz
33 lines

Pliszka could not date the incident Halbach reportedly described, and the court excluded the offered statement after argument over its recency and context.

Direct
Dawn Pliszka — Direct Dawn Pliszka Kenneth R. Kratz
88 lines

Dawn Pliszka described the October 31 Auto Trader appointment request, her calls with Teresa Halbach, and the lead sheet admitted as Exhibit 17.

Cross
Dawn Pliszka — Cross Dawn Pliszka Jerome F. Buting
317 lines

Buting tested the Auto Trader records and Pliszka's knowledge of private photo shoots; she could not establish whether Halbach made another such stop on October 31.

Highlights

Dawn Pliszka — RedirectrulingCalling it a close decision, the court excluded the offered statement because the timing and context were too uncertain and its limited background allowed differing inferences.Dawn Pliszka — Redirect“And for that reason, while the decision is admittedly a close one, the Court is not going to allow the evidence in for the reasons I gave.”— Patrick L. WillisRecords the court's exclusion of the offered statement while acknowledging the closeness of the ruling.Dawn Pliszka — Directtestimony highlightPliszka testified that Halbach called at 2:27 p.m., said she could get the photo and was on her way, and referred to the Avery brothers. Pliszka explained that the late hour for Halbach prompted her to look at the clock.Dawn Pliszka — Direct“Teresa. Called me at 2:27 and we talked for a little while and she said, yeah, I'm able to go get that photo. By the way, it was the Avery brothers and I'm on my way out there right now.”— Dawn PliszkaPliszka attributes the appointment and travel statement to Halbach during their afternoon call.Dawn Pliszka — CrossadmissionPliszka said she received no October 31 return form showing Halbach's later stops and did not know whether Halbach had any privately arranged shoots that day. She also said she had assumed, rather than known, that Halbach was going directly to the Avery appointment.

4. Curtis Drumm — Direct/Cross

Pilot Curtis Drumm described the November 4 aerial search near Avery Auto Salvage, then answered questions about the flight and an aerial photograph admitted as Exhibit 25.

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Direct
Curtis Drumm — Direct Curtis Drumm Kenneth R. Kratz
58 lines

Pilot Curtis Drumm described a multi-location aerial search, its visibility limits at the Avery salvage yard, and the admission of Exhibit 25.

Cross
Curtis Drumm — Cross Curtis Drumm Dean A. Strang
104 lines

Drumm qualified what an aerial photograph could show, could not identify one pictured area, and distinguished later flights from the search.

Highlights

Curtis Drumm — Directtestimony highlightDrumm described the difficulty of distinguishing a particular car in the salvage yard from about 500 feet and said he was not aware of finding a matching RAV4; he did not know whether investigators saw one.

5. Steven Schmitz — Direct/Cross/Redirect

Steven Schmitz described Teresa Halbach’s visit to photograph his car, how the appointment was arranged, and his later contact with law enforcement.

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Direct
Steven Schmitz — Direct Steven Schmitz Kenneth R. Kratz
52 lines

Schmitz described Halbach's brief New Holstein photo appointment around 1:30 p.m. on October 31 and said she left northbound on Highway A.

Cross
Steven Schmitz — Cross Steven Schmitz Dean A. Strang
34 lines

Schmitz said co-owner Craig Sippel booked the photo shoot at Schmitz's house and denied that Sippel meant to lure a photographer there.

Redirect
Steven Schmitz — Redirect Steven Schmitz Kenneth R. Kratz
7 lines

Schmitz said he confirmed Halbach's visit when law enforcement contacted him, but he was uncertain when that happened.

6. JoEllen Zipperer — Direct/Cross/Redirect/Recross

JoEllen Zipperer described Teresa Halbach's visit to photograph her grandson's car and, after reviewing her written statement, placed the visit between 2 and 2:30.

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Direct
JoEllen Zipperer — Direct JoEllen Zipperer Kenneth R. Kratz
102 lines

Zipperer described Halbach's mid-afternoon car-photo visit, identified the materials Halbach left, and said she did not see Halbach leave.

Cross
JoEllen Zipperer — Cross JoEllen Zipperer Dean A. Strang
104 lines

Zipperer could not narrow Halbach's visit beyond mid-afternoon or identify her travel direction, and could not date a conversation involving her husband.

Procedural
Objection to questioning during JoEllen Zipperer’s cross-examination
39 lines
Redirect
JoEllen Zipperer — Redirect JoEllen Zipperer Kenneth R. Kratz
24 lines

After reviewing her written statement, Zipperer placed Halbach's visit between 2 and 2:30.

Recross
JoEllen Zipperer — Recross JoEllen Zipperer Dean A. Strang
41 lines

Zipperer stood by the 2-to-2:30 estimate in her written statement; the court received that statement as Exhibit 28.

Highlights

JoEllen Zipperer — Recrosstestimony highlightOn recross, Zipperer said an officer wrote down what she told him. She stood by the statement's 2-to-2:30 estimate as what she thought at the time, while acknowledging that she had not worn a watch and struggled to recall the exact time at trial.

7. Ryan Hillegas — Direct/Cross/Redirect

Ryan Hillegas described the search for Teresa Halbach, then answered questions about his relationship with her, her phone records, and his access near Avery Salvage Yard.

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Direct
Ryan Hillegas — Direct Ryan Hillegas Kenneth R. Kratz
162 lines

Hillegas described accessing Halbach's phone records, organizing a volunteer search, and sending Pam Sturm toward Avery Salvage Yard with a map.

Cross
Ryan Hillegas — Cross Ryan Hillegas Jerome F. Buting
319 lines

Buting tested Hillegas's knowledge of Halbach's routines, access to her phone records, disclosures to investigators, and role in the volunteer search.

Redirect
Ryan Hillegas — Redirect Ryan Hillegas Kenneth R. Kratz
6 lines

Hillegas confirmed that his access was to surrounding properties, not within the salvage property.

8. Pamela Sturm — Direct/Cross

Pamela Sturm described finding a branch-covered RAV4-like vehicle at Avery Salvage Yard and calling investigators. Cross-examination addressed what she observed and how she watched the vehicle after officers arrived.

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Direct
Pamela Sturm — Direct Pamela Sturm Kenneth R. Kratz
399 lines

Pamela Sturm described finding a branch-covered RAV4 during a volunteer search at Avery Salvage Yard; the court admitted vehicle photographs and her recorded call to investigators.

Cross
Pamela Sturm — Cross Pamela Sturm Jerome F. Buting
230 lines

Buting tested Sturm's RAV4 observations and a later phone discovery; afterward, the court ordered a check for phone-incident reports and the parties addressed the date of Exhibit 25.

Highlights

Pamela Sturm — Directtestimony highlightSturm described reaching a ridge, finding a branch-covered vehicle, and seeing the RAV4 marking on its rear.Pamela Sturm — Direct“And I came upon this car that had all these branches on the top of it, leaning against it.”— Pamela SturmSturm's firsthand description of the vehicle when she found it.Pamela Sturm — DirectadmissionSturm said Nikole tried the locked doors and that the windshield wiper was touched; neither entered the vehicle.Pamela Sturm — CrossrulingThe court directed the State to determine whether reports existed for the Mishicot cell-phone incident and to share any such reports with the defense, without deciding whether the incident had a Brady implication.Pamela Sturm — Cross“So I'm going to ask the State to determine whether there are any reports of the incident and if there are any, share them with the defense.”— Patrick L. WillisThe court directed a check for records of the Mishicot phone incident.
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