8.Pamela Sturm — Direct/Cross
629 linesCOURT CLERK: Please raise your right hand.
PAMELA STURM, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated. Please state your name and spell your last name for the record.
PAMELA STURM: My name is Pamela Sturm, capital S-t-u-r-m.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Good afternoon, Ms Sturm. Describe for the jury, if you will, whether you knew a young woman named Teresa Halbach.
PAMELA STURM: Yes, I did. She is my second cousin. Her father, Tom Halbach, is my first cousin.
MR. KRATZ: Ms Sturm, sometime after the 3rd of November, after Teresa was reported missing, did you volunteer to become involved in search efforts for Teresa?
PAMELA STURM: Yes, I did.
MR. KRATZ: Can you describe for the jury how you first became involved.
PAMELA STURM: On November 4th, I saw a news release at like 10:00 in the morning and it was a Friday morning. And it said that -- They showed Teresa's picture and it said Teresa was missing. And as soon as I got home from work, I called my sister and she didn't know anything about it. So I waited until night and I called my other first cousin, Betty Halbach, who is Tom Halbach's sister. And I asked her if that was correct and she said, yes, Teresa is missing.
MR. KRATZ: All right. When was it, Ms Sturm, then, that you first became involved in actually searching for Teresa?
PAMELA STURM: Well, that Friday night, when I had talked to Betty, I said, anything I can do for you, anything I can help you with, I will certainly help. And she had called back like an hour later and said there's going to be a search tomorrow morning starting at probably 9:00. And I said, well, I would be happy to help.
MR. KRATZ: That next morning, then, on Saturday, the 5th of November, did you go to the rendezvous place; in other words, the place where everybody else was meeting?
PAMELA STURM: Yes, I did. It's an old farmhouse that Teresa was renting. And I met with two gentlemen, Ryan and Scott. And they were organizing a search team.
MR. KRATZ: Just so I can complete the record, that would be Ryan Hillegas and Scott Bloedorn?
PAMELA STURM: That's correct.
MR. KRATZ: All right. Who did you go there with?
PAMELA STURM: My daughter, Nikole Sturm, came with me.
MR. KRATZ: How old is Nikole?
PAMELA STURM: Twenty-nine years old.
MR. KRATZ: About what time did you arrive at the residence, if you recall?
PAMELA STURM: I estimated it at around 9:00 a.m.
MR. KRATZ: When you got there Pam, what happened?
PAMELA STURM: Well, we got their late; the search team was already gone. Ryan and Scott were still there. And I asked them if I could help out. And they said, yes, they have maps for the area that they were going to search. And he showed me the map and then he showed me the picture of Teresa and all the details regarding Teresa.
And I indicated that I would like to go to the Avery Salvage Yard where Teresa was last seen. And he said, well, if you want to, it's not part of, you know, the search, but if you wish to do that, go ahead.
MR. KRATZ: Okay. About what time, then, did -- Let me back up just a minute. Prior to going to the Avery salvage property, did you receive anything from either of those gentlemen?
PAMELA STURM: I received a map and I received a bulletin that showed Teresa's picture and all her details.
MR. KRATZ: Did you get anything else, that you can recall?
PAMELA STURM: I also forgot my camera, so I thought I should, you know, try to get a camera and see if Scott or Ryan had a camera, in case we came across something on the property. And I believe it was Scott's camera and he lent it to us.
MR. KRATZ: Do you remember what kind of camera it was?
PAMELA STURM: It was just a digital camera as far as I know.
MR. KRATZ: So the jury understands, it was you that asked for a camera?
PAMELA STURM: Yes, I did.
MR. KRATZ: Ms Sturm, were you familiar with the Avery salvage property?
PAMELA STURM: No, I'm not -- I wasn't at all. All I knew it was a 40 acre plot salvage yard for vehicles.
MR. KRATZ: Did you proceed to that location?
PAMELA STURM: Yes, we did.
MR. KRATZ: About what time did you and Nikole arrive at that location?
PAMELA STURM: I approximate the time about 10 minutes to 10, right around that area.
MR. KRATZ: Okay. I'm showing you what's been marked and received as Exhibit No. 35, Ms Sturm. It is directly to your right on the large screen, do you see that?
PAMELA STURM: Yes.
MR. KRATZ: Will that aerial photograph assist you in explaining for the jury where you and Nikole went upon your arrival?
PAMELA STURM: Yes.
MR. KRATZ: And are you oriented pretty well there; do you recognize that location?
PAMELA STURM: I recognize the buildings and the approximate area that I found the vehicle.
MR. KRATZ: I think I misspoke. I think it's -- It's Exhibit 25, I'm sorry. I'm going to take a laser pointer. Do you recognize the road that comes in from Highway 147 and this is --
PAMELA STURM: Yes.
MR. KRATZ: -- the business itself; that is, the office building and the like. Now, do you recognize the orientation?
PAMELA STURM: Yes.
MR. KRATZ: All right. About 10 to 10, sometime before 10:00 in the morning, could you tell the jury what happened?
PAMELA STURM: Well, we drove in and we noticed that there were three driveways to the salvage yard. And it appeared to be the center driveway was probably the one we should take. So we did take that one.
MR. KRATZ: Ms Sturm, you are going to have to back up just about three inches from the microphone, okay. Because it is distorting you just a little bit. We can hear you just fine. Go ahead, tell us.
PAMELA STURM: I was in my car and we pulled up in front of the main building.
MR. KRATZ: And on Exhibit No. 25, can you tell what that is? Can you point with that with the laser pointer?
PAMELA STURM: I believe it's that one.
MR. KRATZ: When you got to that location, what did do you?
PAMELA STURM: When we got to that location, there were a few cars parked to the right of us and we saw two gentlemen conversing. But we went into the building to see if we could find any of the owners of the property. And there was no one inside so then we exited.
MR. KRATZ: After exiting, did you, in fact, find one of the owners of the business and did you, in fact, talk to him?
PAMELA STURM: Yes, we did. The two gentlemen that were conversing by the vehicle, they stopped conversing and I walked up to them and I said, is anyone of you an Avery, an owner of this property? And he said, yes, and he walked over to us and he said his name was Earl.
MR. KRATZ: Just very quickly going to show you a photograph; is this the gentleman that you spoke with, Earl Avery?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: Okay. I'm sorry to interrupt you; go ahead, what happened then?
PAMELA STURM: Well, I told them that we were from -- we were volunteers from the search party. And I said it would relieve Karen and Tom's mind if we could go through the property and make sure that the vehicle, Teresa's vehicle, wasn't there.
And Earl said, yeah, I know how it is because I just lost a nephew and I know how they are feeling. They must feel awful that she's missing. We just had a conversation and then I asked him if we could go and search the property, the whole property, for a sign of Teresa, or her vehicle. And he gave us permission.
MR. KRATZ: Now, Ms Sturm, prior to your arrival at that location, had you had any contact or direction from any law enforcement officials?
PAMELA STURM: No, sir, we didn't.
MR. KRATZ: After obtaining permission or consent from Earl Avery to search the property, what did you do?
PAMELA STURM: Earl said that the roads were very muddy in the salvage yard and it would be better if you would walk. So, you know, we locked up our vehicle and walked to the left.
We decided we were going to sweep from the left to the right. So we walked down in between the buildings, I believe it was, and started on the left and sweeped to the right.
MR. KRATZ: Do you want to show us with the pointer what you did, if you can recall?
PAMELA STURM: So we were parked here -- I'm sorry. And then we walked, I believe we walked through here and we searched these vehicles first.
MR. KRATZ: Just so the record is clear, on Exhibit No. 25 here, you are pointing to vehicles that would be just to the south of the Avery business itself and just as you would be walking, I guess, almost directly south from the property; is that correct?
PAMELA STURM: That's correct.
MR. KRATZ: All right. How long did that take you; do you remember?
THE COURT: Maybe we should ask the witness a few questions to orient direction.
MR. BUTING: Judge, before we do that, could we approach side bar for a minute, please?
THE COURT: Sure.
(Side bar taken.)
MR. KRATZ: (By Attorney Kratz)~ I'm sorry, Ms Sturm, do you know -- do you know -- Orienting yourself to Exhibit No. 25; do you know which way is north or south or east or west?
PAMELA STURM: Well, actually, I didn't before, but I looked on a map and it appears that the car was in the southeast corner.
MR. KRATZ: So which way is south on the -- on Exhibit No. 25, if you know? You are pointing to what would be the southeast corner of the 25 -- or the 40 acre parcel; is that right?
PAMELA STURM: Right.
MR. KRATZ: South, do you know, would south be to the right or to the left of the diagram?
PAMELA STURM: No.
MR. KRATZ: Pointing at Exhibit No. 25, Ms Sturm, do you remember where you and Nikole walked?
PAMELA STURM: Yes.
MR. KRATZ: Okay. Let me just ask a clarifying question. Does this photo, does this exhibit help you explain to the jury where you folks looked and searched?
PAMELA STURM: Yes.
MR. KRATZ: If I zoomed in a little bit on the diagram, would that help --
PAMELA STURM: I think that would help.
MR. KRATZ: Does that help you some more?
PAMELA STURM: Oh, yes.
MR. KRATZ: Why don't you show us, then, and then as you explain, where did you and Nikole start looking?
PAMELA STURM: That's the building and then I believe I went in between and she went around here. And then we searched all these vehicles here and we went down here and right here. And then we found it up here.
MR. KRATZ: All right. Now, there's a lot of heres there, so --
PAMELA STURM: I'm sorry.
MR. KRATZ: That's all right.
PAMELA STURM: I'm not good at directions.
MR. KRATZ: I'm going to take you through this and help you explain, for the record, what you were talking about. You continued in a southerly direction, you and Nikole, basically walking south, looking through the vehicles; is that right?
PAMELA STURM: Right.
MR. KRATZ: Now, which batch of vehicles did you search, if you can -- if you can explain the kind of searching that you were doing; I'm sure the jury is going to be interested in that as well.
PAMELA STURM: Okay. I started up here. And up here are trucks, cars, RVs. And we had tried to look in each and every one of them. And you can see there are rows here.
MR. KRATZ: Again, you are pointing to an area what would be just south of the business outbuildings; is that right?
PAMELA STURM: Right.
MR. KRATZ: Okay.
PAMELA STURM: Right.
MR. KRATZ: And you moved to a different batch of cars; is that right?
PAMELA STURM: Right. So we had searched all of these. Then we went down here south and there were, like, you can see there's two rows here. So I searched the first row. My daughter was on the second row.
MR. KRATZ: I'm going to stop you right there, Pam. Can you tell the jury what you were looking for.
PAMELA STURM: We were looking for any trace of Teresa, be it the car or herself.
MR. KRATZ: Did you find, by the way, when you searched those two rows of cars, any vehicle that either matched the description of Teresa's, or anything that you thought was obvious?
PAMELA STURM: No.
MR. KRATZ: Where did you go then?
PAMELA STURM: Then we continued south and I searched these vehicles. And my daughter was right around here.
MR. KRATZ: I'm going to stop you there. You are pointing to an area just north of what looks like a body of water or small pond; is that correct?
PAMELA STURM: That's correct, there's a --
MR. KRATZ: Point to the pond.
PAMELA STURM: There's a little pond right here.
MR. KRATZ: Okay.
PAMELA STURM: Okay.
MR. KRATZ: And after looking at those rows of cars, where did you then look?
PAMELA STURM: Okay. Then my daughter went to this row and I had continued up here. And I saw these vehicles up here. And this is like a ridge up here.
MR. KRATZ: Okay.
PAMELA STURM: And it's shaped like a bowl, the quarry. So up on the top, there was a little car path up there. Just a path, I would say. But I had to climb up this little hill here. And you could see there are some vehicles here. And I thought, I have to search up there. I have to search each and every one.
MR. KRATZ: All right. And did you do that?
PAMELA STURM: So I went up there and I went through, like, three cars. And I came upon this car that had all these branches on the top of it, leaning against it. And there was an old hood of a car there, up against it. And it was kind of bluish green. And I thought this is really strange. This is really strange.
And it looked like a little SUV, like I was looking for, a RAV4 Toyota SUV. And I went around to the back of the vehicle. And, again, there were branches leaning up against it. And I noticed that it said RAV4. Well, my heart started going, you know, oh, my goodness, maybe this is it.
MR. KRATZ: Let me stop you right there.
PAMELA STURM: All right. Sorry.
MR. KRATZ: Ms Sturm, I have showed you what has now been marked as Exhibit No. 385; that's the first --
PAMELA STURM: Yes.
MR. KRATZ: -- first vehicle?
MR. BUTING: What was the number?
MR. KRATZ: Three -- I'm sorry, Exhibit 29. I'm sorry.
MR. KRATZ: (By Attorney Kratz)~ Do you see that?
PAMELA STURM: Yes.
MR. KRATZ: It's 385 on my list. All right.
PAMELA STURM: Correct.
MR. KRATZ: Now, looking at the large screen; is that the photo, 385?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: Now, you spoke to the jury just before about seeing the back of this vehicle and seeing the word RAV4 on it. Is Exhibit No. 385 -- excuse me -- Exhibit 29, does that look the same or similar as it looked on the morning of October -- excuse me -- November 5th?
PAMELA STURM: Yes.
MR. KRATZ: In fact, Ms Sturm, were these photos; that is, the next 6 photos that we are going to see, Nos. 29 through 35, were those taken by your daughter, Nikole, with your assistance, on the morning of the 5th of November?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: And do Exhibits 29 through 35 -- 34, I'm sorry, all appear the same, or similar, as they did on the 5th of November?
PAMELA STURM: Yes.
MR. KRATZ: We're going to go through those in just a minute, but since you mentioned the back of the vehicle, I want to show this picture. What else did you see?
PAMELA STURM: I looked for license plates on the front and on the back and I couldn't find any. I noticed LeMieux Toyota was on the back, but I didn't know if that was on Teresa's car.
MR. KRATZ: Let me just stop you. In fact, on Exhibit 29, you can see the LeMieux Toyota sticker on the back of this exhibit; is that right?
PAMELA STURM: Right.
MR. KRATZ: All right. You mentioned, I think, that part of your observations were that the vehicle had some other debris on it. Let me just show you this exhibit. Which number is that? I think -- Is it 31, Exhibit 31?
PAMELA STURM: Thirty-one.
MR. KRATZ: All right. I'm going to have you describe Exhibit No. 31, tell us what we're looking at, please.
PAMELA STURM: Well, that's the front of the vehicle. And it appears to be some kind of door frame up against the vehicle. And then you will see on the bottom, there's a piece of plywood propped against the front passenger side.
MR. KRATZ: Why don't you -- I'm sorry to stop you, why don't you do the best you can and take the laser pointer and show me that door frame that was propped up against it.
PAMELA STURM: I thought this was a door frame here.
MR. KRATZ: All right.
PAMELA STURM: And then there was a piece of plywood. That's plywood there. And there's an old hood of a car, not from the Toyota, propped against the car right here. And you can see all these branches against the car too, and then on top of the car too.
MR. KRATZ: Now, in this exhibit, that is, Exhibit No. 31, you can see there's no front license plate; is that what you saw on that morning as well?
PAMELA STURM: That's correct.
MR. KRATZ: By the way, these exhibits, 29 through 34, are they identical to what you and Nikole saw that morning?
PAMELA STURM: They are identical.
MR. KRATZ: How do you know that?
PAMELA STURM: Because we actually took the photos of this car.
MR. KRATZ: So Exhibits 29 through 34 were taken with what?
PAMELA STURM: With the digital camera I got from Scott. My daughter, Nikole Sturm, took the pictures of the vehicle.
MR. KRATZ: And how close were you when she took them?
PAMELA STURM: I was right next to her.
MR. KRATZ: So all of these photos were images that you saw?
PAMELA STURM: Yes.
MR. KRATZ: Now, Ms Sturm, I know that you are no expert and I'm not going to ask for an expert opinion at all. But from what you saw, especially on Exhibit 31, did it appear that those items had been intentionally placed there?
PAMELA STURM: I thought so. I thought it was obscuring the view of the car, or even like a camouflage on the car. That's what I thought.
MR. KRATZ: Let me go through the rest of the images here. We saw the back of the car. Again, this is Exhibit No. 29; is that right?
PAMELA STURM: Yes.
MR. KRATZ: Exhibit No. 30 is the side of the car?
PAMELA STURM: Yes.
MR. KRATZ: Thirty-one is the -- what would be the front right corner of the car?
PAMELA STURM: Yes.
MR. KRATZ: Thirty-two is one of the tires, looks like the left rear tire, or that area of the vehicle?
PAMELA STURM: Yes.
MR. KRATZ: Is this No. 33?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: A left side, in fact, the driver's door and the left or driver's rear door; is that an accurate description?
PAMELA STURM: That's correct.
MR. KRATZ: And, finally, Exhibit No. 34, would be looking from the left side, but the top of the vehicle showing some branches and some other debris; is that right?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: When you saw this, Ms Sturm, what did you do?
PAMELA STURM: My daughter was still searching to the right of me. I couldn't see her. I became very, very worried for our safety, because 90 percent this was probably Teresa's car and we're in danger.
So I called Nikole's name. I think I maybe even screamed. I shouldn't have, but I did, and I went running to the area where she was. I said, Nikole, Nikole, you have to come and see this car. It must be her car. So she came up by me and she looked at it and she said, mom, it does look like her car. It's got that LeMieux Toyota, and it's RAV 4. And she thought perhaps it was too.
MR. KRATZ: Ms Sturm, after making these observations, did you attempt to verify the identification of this vehicle?
PAMELA STURM: Yes.
MR. KRATZ: And how was that done?
PAMELA STURM: My daughter, Nikole, brought her cell phone along and we -- I should back up. Ryan gave us a direct line to Sheriff Pagel in case we found something. So I dialed Sheriff Pagel's number and at that point I got voice mail.
I thought, oh, no, I need to talk to the sheriff. And it said something about if you want to go back to the dispatcher, dial 0, so we did. And we came back to the dispatcher. And I said, we need to talk to Sheriff Pagel, now. I think I found the vehicle. So she switched us over directly to Sheriff Pagel.
MR. KRATZ: Exhibit No. 35, Ms Sturm, is a audio recording. I'm going to have you listen to that. And I'm going to ask you if this is, in fact, the phone call that you placed just about 10:30 in the morning on Saturday, November 5th. I hope it is loud enough and audible and we'll give it a try.
(Tape playing.)
AUDIO RECORDING: Dispatch.
PAMELA STURM: Okay. I called to -- Mr. Pagel's answering service is on.
AUDIO RECORDING: Okay.
PAMELA STURM: Okay. We are at Avery Salvage.
AUDIO RECORDING: Okay.
PAMELA STURM: Okay. And we're searching for the vehicle.
AUDIO RECORDING: Right.
PAMELA STURM: For Teresa Halbach. We have found a RAV4. What color, specifically, was her RAV4 and do you have a VIN number?
AUDIO RECORDING: Um --
PAMELA STURM: This vehicle --
AUDIO RECORDING: Inaudible.
PAMELA STURM: Okay. This -- I don't know, this is like a --
AUDIO RECORDING: Do you know --
PAMELA STURM: -- bluish green. Okay. Do you have a -- Do you have the ID number?
AUDIO RECORDING: Hold on. Hold on.
PAMELA STURM: -- the ID number.
AUDIO RECORDING: Hold on. 801, can you call dispatch right away. Do we have a VIN number, a VIN number?
PAMELA STURM: It's not on the side, Nick, go on the other side.
AUDIO RECORDING: Hold on. Here's Jerry.
JERRY PAGEL: Hi, this is Sheriff Pagel.
PAMELA STURM: Oh, Sheriff Pagel, hi. This is Pam Sturm. I'm on the search for Teresa Halbach and we found a RAV4.
JERRY PAGEL: You did?
PAMELA STURM: It's a bluish green, more blue than green. We just wanted to know if you have the VIN number for that vehicle.
JERRY PAGEL: Yes, we do. We do have a VIN number. Have you got the VIN number?
PAMELA STURM: I can't find it on the --
JERRY PAGEL: Where is the vehicle at?
PAMELA STURM: I'm at Avery salvage.
JERRY PAGEL: Okay.
PAMELA STURM: It is all covered up.
JERRY PAGEL: It's all covered up?
PAMELA STURM: Not all covered, but it has got a lot of stuff on it, branches.
JERRY PAGEL: I don't have my glasses. Okay. It's got branches over it?
PAMELA STURM: Yeah. Where is the VIN number on something like this?
JERRY PAGEL: The VIN number would probably be on the windshield -- or underneath by the -- on the dash, driver's side.
PAMELA STURM: Dash, driver's side, Nick.
JERRY PAGEL: Look through the front window.
PAMELA STURM: Through the front window.
JERRY PAGEL: Mm-hmm. I will give you Investigator Wiegert, he's got the VIN number here.
MARK WIEGERT: Hi, are you looking at it right now?
PAMELA STURM: Yeah, and you know we can't find that VIN number.
MARK WIEGERT: What color is it?
PAMELA STURM: It is bluish green.
MARK WIEGERT: Does it look like a newer one?
PAMELA STURM: Yes, it's a '99 to 2000.
MARK WIEGERT: Is there --
PAMELA STURM: More of a bluish green, though, that's why we don't want to put, you know --
MARK WIEGERT: Is there any license plates on it?
PAMELA STURM: No plates on it, but it's a little covered up. It's weird, it's covered up.
MARK WIEGERT: Okay.
PAMELA STURM: Some of it's --
MARK WIEGERT: Can you get to the front of the car?
PAMELA STURM: Yeah, I will. It's a LeMieux Toyota sticker on it. But I haven't --
MARK WIEGERT: I don't know if they had a LeMieux Toyota sticker on it. I don't know about that.
PAMELA STURM: Is it okay if I go in the car?
MARK WIEGERT: No, do not go in the car. Do not touch the car.
PAMELA STURM: Yeah.
MARK WIEGERT: Stay on the outside of the car. Go over to the front, on the driver's side.
PAMELA STURM: Yeah, I realize that. I'm in the business. I kind of know, but I can't find the VIN number. I'm picking up the wiper.
MARK WIEGERT: Okay.
PAMELA STURM: There is -- Can't find the VIN number. Can't find it. Oh, here it is, Nick. I don't have my glasses.
MARK WIEGERT: You don't have your glasses either?
PAMELA STURM: My daughter is with me.
MARK WIEGERT: Okay.
PAMELA STURM: Okay. Now hang on. The first -- the last four digits, 3044.
MARK WIEGERT: Okay. Hold on. I have to find it here again. 3044?
PAMELA STURM: Yes.
MARK WIEGERT: Okay. Can you go even more in?
PAMELA STURM: I don't know. Nick, can you look at any other numbers? There are some people out here. So we have to be careful. And, you know, there's some -- I don't know if they are employees or --
MARK WIEGERT: Okay.
PAMELA STURM: -- who they are, but they are like -- Okay, Nickie, just --
MARK WIEGERT: Can you see any other numbers?
PAMELA STURM: Yeah. Say it real slow, Nick. Can't see the very beginning number, but here goes, T0Z5F7, a 1 or a T, a 1 or a T --
MARK WIEGERT: Okay. Where are you?
PAMELA STURM: 30 -- Is that the number?
MARK WIEGERT: Where are you?
PAMELA STURM: No, you just tell me if this is the car.
MARK WIEGERT: Okay. Stop. I can't tell you anything. Where are you?
PAMELA STURM: I'm at Avery salvage.
MARK WIEGERT: Okay. Are you on their property?
PAMELA STURM: Yes, I am.
MARK WIEGERT: With their permission or not?
PAMELA STURM: Yes, sir. Yes, sir.
MARK WIEGERT: Okay. Stay right where you are. Do not touch anything. Do not go anywhere around that vehicle. Stay right where --
PAMELA STURM: Are you --
MARK WIEGERT: What's your phone number?
PAMELA STURM: Is this it?
MARK WIEGERT: I don't know that.
PAMELA STURM: Okay.
MARK WIEGERT: What's your phone number?
PAMELA STURM: What's your phone number, Nick? 920-941-0211.
MARK WIEGERT: I'll call them on the way.
PAMELA STURM: This is long distance. You need to dial the entire number.
MARK WIEGERT: Okay. Stay where you are. Do not touch the vehicle. Do not let anybody else touch the vehicle.
PAMELA STURM: Don't touch it. Don't touch it, Nick.
MARK WIEGERT: And I will be calling you shortly, okay?
PAMELA STURM: Well, I hope you can get me, you know.
MARK WIEGERT: Just stay where you are; I will find you.
PAMELA STURM: Well, we asked this guy real nice to come in here. But --
MARK WIEGERT: If you have a problem you dial 911.
PAMELA STURM: That's --
MARK WIEGERT: We'll be on our way. We're going to have somebody over there as soon as possible.
PAMELA STURM: All right.
MARK WIEGERT: Okay. Thank you.
PAMELA STURM: All right.
(Tape concluded.)
(Tape transcribed to the best of my ability.)
MR. KRATZ: (By Attorney Kratz)~ Let me ask you, again, Ms Sturm, Exhibit No. 35, that audio conversation that you heard, between yourself, Sheriff Gerald Pagel and Investigator Mark Wiegert; is that a true and accurate version of the conversation or representation of the conversation as it occurred the morning of the 5th of November?
PAMELA STURM: Yes, it is.
MR. KRATZ: We would move the admission of Exhibit 35, Judge.
MR. BUTING: No objection.
THE COURT: Exhibit 35 is admitted.
MR. KRATZ: And as they have been identified, Judge, I am going to move the admissions of Exhibit 29 through 34.
MR. BUTING: No objection to those either.
THE COURT: Exhibits 29 through 34 are admitted as well.
MR. KRATZ: (By Attorney Kratz)~ Ms Sturm, were any other -- At about this time, were any other investigative behaviors or actions taken with this SUV? Do you understand my question?
PAMELA STURM: I don't understand.
MR. KRATZ: Did you or your daughter, Nikki, attempt to determine whether or not this vehicle was open or locked?
PAMELA STURM: Nikole attempted to open the doors.
MR. KRATZ: Did she do so with a bare hand, or did you see her doing this?
PAMELA STURM: I told her to use the sleeve of her sweatshirt, but evidently she used tissue. You know, I saw her reach in, but I'm not sure if it was -- you know, I didn't exactly see the tissue. So, yes, she did try the doors, but you will have to ask her which specific doors.
MR. KRATZ: I will do that, but if you -- did you or your daughter determine whether or not the doors were opened or locked.
PAMELA STURM: They were all locked.
MR. KRATZ: Did you or your daughter ever otherwise enter that vehicle?
PAMELA STURM: No.
MR. KRATZ: Did you or your daughter otherwise touch that vehicle?
PAMELA STURM: No, just the windshield wiper.
MR. KRATZ: After Investigator Wiegert told you to step away from the vehicle and to not touch it further, did you and Nikki do that?
PAMELA STURM: Yes, we did. We probably went -- I don't know, probably about a thousand yards -- again, on directions I'm terrible.
MR. KRATZ: Well, at this point we're not going to --
PAMELA STURM: Right.
MR. KRATZ: -- ask you to guess. Back to Exhibit No. 25, then, Ms Sturm, let's go back just very briefly. Could you show us, again, or show the jury again, the location to the best that you can recall where this vehicle was discovered?
PAMELA STURM: It was up on this ridge.
MR. KRATZ: And you are pointing to a ridge or a berm area to the immediate south of that pond; is that right?
PAMELA STURM: That's correct.
MR. KRATZ: That would be the area farthest -- or furthest southernmost point of the Avery property; is that your understanding?
PAMELA STURM: That's my understanding.
MR. KRATZ: On Exhibit No. 25, just so that we're not talking south or north, be to the right of the pond; is that right?
PAMELA STURM: That is correct.
MR. KRATZ: You mentioned that after calling dispatch, after reporting the discovery of this vehicle, you and your daughter went to a location on the property; is that right?
PAMELA STURM: Yes, that's correct.
MR. KRATZ: Where was that?
PAMELA STURM: Well, I was up here, okay, because that's where I found the vehicle. And you can look over to this quarry over here. So I went to the highest point -- and that was almost the highest point anyhow, but I just had to look to see if Teresa was over there.
So then I looked over there and then we proceeded down here. And over here is a car compacter and we -- we were over there. And I put my daughter behind a car because I thought we were in danger and I just stayed out here.
MR. KRATZ: All right. You are pointing to an area near what we have been calling the car crusher, but there is an open -- an open area where there aren't any junk vehicles; is that what you are pointing to?
PAMELA STURM: There are some vehicles here and there's compacted vehicles here and here's the compacter itself, but, yeah, right in here there aren't any cars.
MR. KRATZ: Is that where you waited?
PAMELA STURM: Yes.
MR. KRATZ: Now, tell us what happened then?
PAMELA STURM: Well, we waited about 20, 25 minutes before someone arrived. Before they arrived, we saw a man up on the ridge. By the buildings up here, there's a ridge. And I got a little concerned so I -- like I said, I put Nikki behind a car so nothing would happen to her. And we just waited and waited. And it seemed like forever, you know.
MR. KRATZ: In 20 or 25 minutes, did somebody arrive?
PAMELA STURM: Yes. A Sheriff Remiker arrived first.
MR. KRATZ: Was he a plain clothes officer or an officer in uniform; do you remember?
PAMELA STURM: No, I don't recall if it was.
MR. KRATZ: Do you know what department responded first?
PAMELA STURM: I believe it was Manitowoc County.
MR. KRATZ: Okay. After the law enforcement officers got there, did they, then, basically, take over that area?
PAMELA STURM: Yes, he had another patrolman go back to the car and just, like, you know, stay by the car so no one else would go by the car.
MR. KRATZ: Tell us what you saw; did you see anybody going by the car?
PAMELA STURM: He stayed by the car and then other officers arrived sheriff, Sheriff -- Deputy Wiegert.
MR. KRATZ: Now, these are Calumet deputies; is that right?
PAMELA STURM: Yes. Yes, Deputy Wiegert.
MR. KRATZ: Slow down --
PAMELA STURM: I'm sorry.
MR. KRATZ: Ms Sturm, slow down just a second. Before any other police officers arrived on the scene, after you and Nikki had called in to dispatch, did you notice any other individuals going up or near that vehicle?
PAMELA STURM: No one went near that vehicle. We watched to make sure no one went over there.
MR. KRATZ: You were watching just for that; isn't that right?
PAMELA STURM: Yes.
MR. KRATZ: And after the law enforcement of -- the Manitowoc County law enforcement officers got there, did any of those law enforcement officers enter or approach that vehicle?
PAMELA STURM: Only one deputy went up by the vehicle, just to guard. He was just guarding the vehicle. He never went in the vehicle. He never touched the vehicle.
MR. KRATZ: That's what I'm asking you. And you were watching for that, weren't you?
PAMELA STURM: Yes, I was. Yes.
MR. KRATZ: So nobody from the time -- Listen to my question --
PAMELA STURM: All right.
MR. KRATZ: -- before shaking your head. Nobody from the time that you discovered that vehicle, until Calumet County law enforcement officials, including Investigator Wiegert, nobody touched or entered that vehicle, to your knowledge; is that true?
PAMELA STURM: That's correct.
MR. KRATZ: After the police officers arrived, did you have a chance to speak with Investigator Wiegert?
PAMELA STURM: Yes, I did. I explained to him, you know, how we found the vehicle. And he said that we would have to give a statement at that time.
MR. KRATZ: Did you give an oral and a written statement then?
PAMELA STURM: We gave an oral statement to Deputy Wiegert and then we gave a written statement and an oral statement to Deputy Dedering.
MR. KRATZ: Also from Calumet County?
PAMELA STURM: Yes.
MR. KRATZ: I want you to look at Exhibit No. 25 again, how long from when you entered that property did it take you to find Teresa's vehicle?
PAMELA STURM: I believe we entered at 10 to 10 and by 10:20 to 10:25 we had found the vehicle.
MR. KRATZ: So within the first 40 minutes?
PAMELA STURM: Correct.
MR. KRATZ: Ms Sturm, do you know how many vehicles are on this property?
PAMELA STURM: I didn't at that time. I had no idea.
MR. KRATZ: Looking at it now, do you think you got lucky?
PAMELA STURM: Yeah. Well, not lucky, God showed us the way; I do believe that.
MR. KRATZ: Do you think, looking at this exhibit now, that you and your daughter Nikki could have searched that entire salvage yard?
PAMELA STURM: We would have tried. We would have came back the next day if we had to.
MR. KRATZ: After giving your statements, after both the oral and written statements were provided to law enforcement, after assuring them that you hadn't touched or entered the vehicle, where did you go?
PAMELA STURM: One of the deputies brought us back to the main building, in his vehicle, because I was kind of afraid to walk back up there. And then we left.
MR. KRATZ: Where did you go then?
PAMELA STURM: Actually, we went to Karen and Tom's house and talked to them for a while.
MR. KRATZ: Who's Karen?
PAMELA STURM: Karen is Teresa's mother.
MR. KRATZ: Did you tell her what you found?
PAMELA STURM: Yes.
MR. KRATZ: Ms Sturm, about what time, then, did you get to the Halbach residence; if you know?
PAMELA STURM: You know, I think it was --
MR. BUTING: What's the relevance of this?
THE COURT: Just a minute. Mr. Kratz.
MR. KRATZ: I'm just wondering if she went anywhere in between; I can ask it that way.
THE COURT: Go ahead.
MR. KRATZ: (By Attorney Kratz)~ Did you go anywhere in between the Avery salvage property and the Halbach residence?
PAMELA STURM: No, we didn't.
MR. KRATZ: Went straight there?
PAMELA STURM: Yes.
MR. KRATZ: That's all the questions I have of this witness, Judge. Thank you.
THE COURT: All right. We'll get started on cross-examination today, go until 4:30. Mr. Buting.
MR. BUTING: Thank you, Judge. We may get done if we're lucky.
CROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Now, ma'am, you -- on the dispatch tape, we heard you say, I know, I'm sort of in the business. By that you mean you have private investigator experience, right?
PAMELA STURM: That's correct.
MR. BUTING: You used to be a licensed private investigator, right?
PAMELA STURM: That's correct.
MR. BUTING: So you had some idea what to do and how to do this search, right?
PAMELA STURM: Some idea.
MR. BUTING: Is it your testimony that before Saturday morning, November 5th, you had not done anything in terms of investigating or searching for Teresa or her vehicle?
PAMELA STURM: No, I haven't -- hadn't.
MR. BUTING: And after that, did you also do any additional investigation on your own?
PAMELA STURM: Yes, I did.
MR. BUTING: And did you, in fact -- Were you, in fact, called to an area near Mishicot by some individuals who had found what they thought might be some evidence?
PAMELA STURM: I don't recall being called by someone, no.
MR. BUTING: Well, did you -- Were you with somebody looking, in the area of Mishicot?
PAMELA STURM: We were in the area of Mishicot and I spoke with some of the business owners in Mishicot.
MR. BUTING: Those were bars, right?
PAMELA STURM: That's correct.
MR. BUTING: And they were down near the river?
PAMELA STURM: No, this was about -- the river is about a quarter mile from the actual town.
MR. BUTING: Okay. And what day was that?
PAMELA STURM: I'm not sure.
MR. BUTING: Well, was it Saturday night -- Was it nighttime or daytime?
PAMELA STURM: No, it was during the day. So it was, you know, Sunday, Monday, Tuesday, one of those days, that I had a day off and I wanted to help out.
MR. BUTING: And what was your purpose in going to those bars and talking to those --
PAMELA STURM: To see --
MR. BUTING: -- business owners?
PAMELA STURM: To see if anyone knew anything about Teresa or had seen Teresa.
MR. BUTING: Okay. And were you passing out your name and phone number or anything like that for people?
PAMELA STURM: I don't recall doing that, no.
MR. BUTING: Do you remember being called to an area near the river, a turn around area near the river, by one of those individuals from the bar area, to look at some --
PAMELA STURM: I know we had searched around the river area and then at that point, we, meaning one of the bar owners in town, said he would come down and help me out. And on the search we had found a cell phone.
MR. BUTING: And what was that bar owner's name?
PAMELA STURM: I don't recall.
MR. BUTING: Do you remember -- Do you know an individual by the name of John Campion (phonetic)?
PAMELA STURM: I'm not sure if that was his name or not.
MR. BUTING: Okay. And you found a cell phone down by the river?
PAMELA STURM: Yes.
MR. BUTING: And also some business papers, some sort of papers nearby?
PAMELA STURM: I don't recall any papers.
MR. BUTING: But that cell phone, you thought, might be important?
PAMELA STURM: I thought perhaps it was important.
MR. BUTING: For all you know, it could have been Teresa's, right?
PAMELA STURM: Could have been.
MR. BUTING: So what did you do?
PAMELA STURM: I called the sheriff's department and someone came down and photographed the cell phone.
MR. BUTING: And who was that; Mr. Wiegert?
PAMELA STURM: No, I'm not sure -- exactly sure who that was. I believe I got his card, though.
MR. BUTING: Was he plain clothes?
PAMELA STURM: No.
MR. BUTING: He was wearing a deputy's brown uniform?
PAMELA STURM: That is correct.
MR. BUTING: Which county sheriff are we talking about?
PAMELA STURM: I'm not sure.
MR. BUTING: Well, this is Mishicot, so that's Manitowoc County, right?
PAMELA STURM: I would assume.
MR. BUTING: So you would assume that it was probably a Manitowoc County sheriff deputy that came down there, right?
PAMELA STURM: There were so many police officers at the Avery salvage yard at that time, it could have been anyone.
MR. BUTING: This wasn't at the Avery salvage yard, was it?
PAMELA STURM: No.
MR. BUTING: This was miles away over in Mishicot?
PAMELA STURM: Couple miles away, yeah.
MR. BUTING: And the cell phone, you said somebody took pictures of it?
PAMELA STURM: That's right.
MR. BUTING: And did that individual also take possession of the cell phone?
PAMELA STURM: Yes.
MR. BUTING: And what happened next?
PAMELA STURM: We met up with the search party again. And I described the cell phone to one of the Halbachs, I believe, and they said it wasn't Teresa's.
MR. BUTING: Well, did you make any notes of what kind of cell phone it was?
PAMELA STURM: I did at that time, I knew what it was. Now I can't recall.
MR. BUTING: Okay. But you didn't take any pictures of your own, though?
PAMELA STURM: No.
MR. BUTING: And you don't know what day this was; it could have been Sunday, the 6th?
PAMELA STURM: It was after the 5th.
MR. BUTING: Okay. So it could have been the 6th, right?
PAMELA STURM: No, I don't think I worked on the 6th. I think I had off on Monday or Tuesday and I went back to help out.
MR. BUTING: Okay. Now, you are not a private investigator at this point, right?
PAMELA STURM: No, I'm not.
MR. BUTING: And you weren't back in October of 2005?
PAMELA STURM: No, I wasn't.
MR. BUTING: You were just helping out as a volunteer for the Halbach family at that time?
PAMELA STURM: Yes.
MR. BUTING: And you said that Ryan, when you met on Saturday morning, Ryan Hillegas gave you a direct phone number for Sheriff Pagel?
PAMELA STURM: Yes.
MR. BUTING: So he had -- Evidently he had Sheriff Pagel's direct line?
PAMELA STURM: It was either the direct line or the line into that department.
MR. BUTING: Well, when you called it, it got right to Sheriff Pagel's voice on his voice mail, right?
PAMELA STURM: Voice mail, yes.
MR. BUTING: Okay.
PAMELA STURM: But we did talk to the dispatch too.
MR. BUTING: I know, that's later, though. The number you called just put you right to Sheriff Pagel's voice mail, correct?
PAMELA STURM: Yes.
MR. BUTING: When you saw the vehicle there, up on that ridge, and you said you thought it was 90 percent in your own mind that this might be, in fact, Teresa's vehicle you, of course, looked inside for Teresa as well, right?
PAMELA STURM: Correct.
MR. BUTING: And you got a decent look inside there because you actually saw some soda bottles too, I think, right?
PAMELA STURM: We did see some soda bottles.
MR. BUTING: Okay. And you didn't see Teresa, right?
PAMELA STURM: No.
MR. BUTING: And you didn't see any blood, right?
PAMELA STURM: Not that we could visually see, no.
MR. BUTING: Okay. Well, you didn't see any blood, period.
PAMELA STURM: No.
MR. BUTING: Okay. And you were looking. What else did you see besides soda bottles? See anything with her name on it?
PAMELA STURM: No, I can't remember anything, no.
MR. BUTING: Okay. If I understood you correctly, did you say that you actually found this vehicle within 10 minutes of your search?
PAMELA STURM: No, sir.
MR. BUTING: I thought you said you went in at 10:10 and you found it at -- or 10 minutes to 10; is that right?
PAMELA STURM: That's correct?
MR. BUTING: Okay. I misunderstood. I apologize. So you found it within about 30, 35 minutes or so?
PAMELA STURM: That's correct.
MR. BUTING: And when you walked up on that ridge, it was the only car with any kind of branches, or wood, or debris put on top of it, right?
PAMELA STURM: That I saw, yes.
MR. BUTING: All the other ones looked like they did -- they do in this photograph here. They are generally visible, not camouflaged, or anything of that sort, right?
PAMELA STURM: I guess I didn't look any further down the line so I can't really say absolute, you know.
MR. BUTING: Okay. But of the vehicles -- of the area you did look through, which would have been from the buildings in the upper left corner, where actually is the northeast corner, south all the way to that edge of the Avery property, you didn't see any other vehicles that were -- appeared to have been obscured, or covered with anything?
PAMELA STURM: No.
MR. BUTING: So this one was unique of all of the vehicles that you saw?
PAMELA STURM: Right. And it was about the right color and it was a RAV4.
MR. BUTING: And to you, it looked pretty obvious that this was somebody just trying to camouflage this, right?
PAMELA STURM: It appeared to be that way.
MR. BUTING: But it was actually double parked along that ridge of vehicles, on the left -- or I'm sorry, on that car path you mentioned behind the pond, right?
PAMELA STURM: Right.
MR. BUTING: Those were a single line of cars and this one was double parked right next to one?
PAMELA STURM: Right.
MR. BUTING: On the tape, I heard you say something, I think about there were people nearby, while you were at the scene and calling in to report this?
PAMELA STURM: When we first walked down the quarry --
MR. BUTING: That's a simple yes or no; were their people -- you said something about their being people nearby, right?
PAMELA STURM: Yes.
MR. BUTING: And these appeared to be what, other customers or something, milling about?
PAMELA STURM: I can't say for sure, but I thought perhaps they were getting parts off of vehicles.
MR. BUTING: Okay. Like customers would do there, right?
PAMELA STURM: Right.
MR. BUTING: And Steven Avery wasn't one of them, I assume, right?
PAMELA STURM: No.
MR. BUTING: And you mentioned a man up on the ridge, or not on the ridge, but up on the hill, kind of back towards the buildings, when you were sitting there waiting for 20 minutes?
PAMELA STURM: Correct.
MR. BUTING: And Steven Avery wasn't that man either, was he?
PAMELA STURM: I don't know for sure.
MR. BUTING: Well, who was that man; do you know?
PAMELA STURM: I don't know.
MR. BUTING: Do you have any description of him?
PAMELA STURM: No, sir.
MR. BUTING: Was it the same -- Was it Earl Avery?
PAMELA STURM: It could have been. It's just too far away to see.
MR. BUTING: So you just -- wasn't anything in particular about that man, or what he was doing, that caused you concern; it was just the overall feeling you had that maybe this wasn't the safest place to be; is that fair?
PAMELA STURM: That's fair, yes.
MR. BUTING: Okay. And until the police arrived, you were --
MR. BUTING: We're about to finish up, Judge.
MR. BUTING: (By Attorney Buting)~ Until the police arrived, you were trying to keep an eye on that vehicle, make sure none of these other customers or anybody else would walk near, right?
PAMELA STURM: That's correct.
MR. BUTING: But once the police arrived, then that was their job, right?
PAMELA STURM: No, we kept our eye on it.
MR. BUTING: Once Manitowoc arrived, you were concerned about Manitowoc police approaching that vehicle?
PAMELA STURM: About anyone approaching or touching that vehicle.
MR. BUTING: And so you kept a good eye to make sure none of the Manitowoc people would do it?
PAMELA STURM: That anyone would do it.
MR. BUTING: But if you were about a thousand -- What did you say, a thousand yards away, a thousand feet away?
PAMELA STURM: I'm not very good at distance; right by the car compacter.
MR. BUTING: Okay. But then after Wiegert -- after Detective Remiker arrived, you went back over by the -- to the left, on this picture, did you not? I think you said you went about a thousand yards away?
PAMELA STURM: Could you rephrase that.
MR. BUTING: I believe, maybe I misunderstood you, but I thought -- I thought you said that you walked about a thousand yards away from where the vehicle was, when Detective Wiegert arrived?
PAMELA STURM: Like I said, I'm not very good at distance. I would say three football fields. Now, I'm trying to judge the distance that way.
MR. BUTING: Okay. Nine hundred yards, a thousand yards, close enough. And you weren't paying attention at that point, then, to what was going on with the car, from that big of distance away once -- once Investigator Wiegert arrived, right?
MR. KRATZ: Judge, I'm sorry, I know this is late, but a football field is only 100 yards, three of them wouldn't be 900? If my math --
(Attorneys talking over each other.)
MR. BUTING: You are right. I'm sorry. I'm sorry, it is late, 900 feet.
MR. BUTING: (By Attorney Buting)~ But after Wiegert arrived, you were talking to Investigator Wiegert, gave an oral statement to him, right?
PAMELA STURM: Right.
MR. BUTING: And you talked to Dedering and gave an oral and written statement to him, right?
PAMELA STURM: Correct.
MR. BUTING: So, you weren't paying attention to what was going on with the car at that point; you were giving statements oral and written, right?
PAMELA STURM: We were facing the vehicle.
MR. BUTING: While you are sitting there writing a statement, or did you not write it?
MR. KRATZ: Objection, argumentative, Judge. She said she watched the vehicles the whole time. I don't know how many times she has to say that?
THE COURT: Well, he's allowed to ask a question about writing and watching the vehicle at the same time. I will allow the question.
MR. BUTING: Did you hand write the statement yourself?
PAMELA STURM: Yes.
MR. BUTING: Thank you, no further questions.
THE COURT: Attorney Kratz?
MR. KRATZ: Not for today, Judge. That's fine.
THE COURT: Okay. You are excused -- Well, before I say that, when you say not for today, are you intending to ask questions on redirect tomorrow?
MR. KRATZ: No, I'm sorry.
THE COURT: Very well, you are excused for today.
Members of the jury, that concludes the portion of the trial for you today. I will remind you again not to talk to each other about this matter. Also, make sure that you do not listen to any news accounts. Don't read the newspaper. Don't listen to the local news on the radio. Don't watch the local news on TV. We will see you tomorrow, tomorrow morning.
(Jury not present.)
THE COURT: Now, you may be seated. Counsel, before we leave today, did you wish to take up the issue of these stipulations on the record?
MR. KRATZ: We certainly can, Judge --
MR. BUTING: Judge, before we do that, I do want to clear up a couple of things. And it's a -- I want to make a specific renewed discovery request on two items. Because until today, I was not aware, have not actually received any reports from any Manitowoc or Calumet County sheriffs about this search that Ms Sturm was involved in down by the Mishicot river area, where a cell phone was found, photographs apparently were taken, the phone was seized. There's no reports of that activity anywhere in any of the discovery we have received.
Secondly, Mr. Sturm -- I'm sorry, Mr. Drumm testified about Exhibit 25, and perhaps it wasn't clear, because he was asked maybe two different things on direct and cross, but I understood him to say that Exhibit 25 was a picture of a photograph taken on November 4th.
And as I looked at it more carefully, it's obvious that it was not. It was something taken long after the vehicle was discovered. There's all sorts of police vehicles around, Command Posts, the RAV is not there. The RAV 4 is not there.
But he did testify that he did not recall video -- whether video was being taken during the flight, but he did recall photographs being taken. And we did not receive any photographs from that flight. All we have received was a video and so I would renew a discovery request for those photographs as well.
THE COURT: All right. And before I ask for a response from the State, I did want to note for the record that the side bar that was requested during the testimony of Pamela Sturm related to that photo and the issue that Mr. Buting just raised.
And as I understand it, both parties acknowledge that Exhibit 25 is an aerial photo of the Avery Salvage Yard property, but one that was taken some time after at least the victim's vehicle was removed from the property. And how long after that, I'm not exactly sure. But is that correct, counsel?
MR. KRATZ: It is, Judge, and in fact, there are a couple of very important points to raise. First, the question that I asked of Mr. Drumm was whether or not Exhibit No. 25 looked the same or similar as to what he observed on the 4th. I think that is not at all the same question as, was this photo taken on the 4th.
Perhaps as importantly, the Court will note in the proposed stipulations and agreed upon stipulations by the parties, that aerial photos are one area that before we even walked into court we had agreed would be admissible without objection. And this might be a good segue to put that on the record.
Lastly, this cell phone down by the river is the first I have heard of this. Certainly never came through our office. Never was provided by our office as part of discovery, because I don't have anything from that.
Mr. Drumm's testimony about a video being taken from his plane is accurate. That was already provided to defense and I can also assure the Court that I am unaware of any photographs that were taken therefrom.
So although the video has been provided from that flyover, from that aerial search, I don't understand there to be any still photos from there; although, they did get the video.
THE COURT: So what you are saying is that your understanding is, from what I take it, exactly the opposite of Mr. Drumm's understanding. I think he said he thought there were photos taken, but was not aware of video, though, he wasn't personally involved in either one, he was flying the plane. You are telling me that what actually happened was video was taken, but no photos. The video has been turned over.
MR. KRATZ: I'm sure the camera he saw was a video camera and that has been turned over to the defense.
MR. BUTING: I would ask, if counsel is just discovering this cell phone incident today, and the way she described it, obviously there was some sort of police involvement, that perhaps overnight he should check with probably Manitowoc and see what's up with that.
MR. KRATZ: Perhaps Mr. Buting would like to do that; it's not in my possession, Judge.
THE COURT: How did this come to light? How did you know how to ask the questions about it, Mr. Buting? I guess I'm at a loss. I don't know how it got started.
MR. BUTING: We get tips too, just like they do. Sometimes useless, sometimes not. This one sounded like maybe it might be more legitimate, so I thought I would ask her about it. But I had no confirmation of it, until today.
And she clearly describes a police action of some sort. They -- To say that it's not in his possession, Manitowoc officers are testifying for the State. They have been involved in critical parts of this case in terms of evidence that was discovered, so I think he does have an obligation under Brady, potentially, to get to the bottom of this and find out is this something that was never even documented, Manitowoc never even wrote a report or did they write a report and we just haven't received it.
MR. KRATZ: Wait a second, Judge. When throwing the word Brady around, it sounded through this witness that inquiry was made that very day. Was this Teresa's cell phone? The Halbach family assured them it wasn't her cell phone at all. I don't know what could ever be considered exculpatory, potentially exculpatory, relating to relevant evidence.
That not withstanding, I just asked Investigator Wiegert, he hasn't heard of this either. We can certainly check our reports and we're happy to do that for Mr. Buting. And more thoroughly check that and also make some inquiries, but it's quite certain, at least to me, that it isn't something in our possession. And even if it were, would have very little, if any, relevance to this particular case.
THE COURT: Well, I don't know if it has any Brady implication or not, but it sounds like something that would be in at least the possession of the State, this case being State of Wisconsin vs. Mr. Avery, not Calumet County. 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.
MR. KRATZ: We'll do that, Judge.
MR. BUTING: Thank you.
THE COURT: I did not understand Mr. Drumm to be testifying that the aerial photo on the screen was one that he necessarily thought was taken the day he flew over the salvage yard property. It might -- If it's going to come up as an issue in any way because of, for example, the line of police cars that are on the property, it might be helpful for the parties to notify the jury when the photo was taken. I don't think anything about that's come in yet, or if it has, I haven't caught it.
MR. BUTING: I think we should because we did zoom in on it a little bit. And I don't know if they saw, but I mean I knew what I was looking at and the RAV4 was clearly not there. I don't want them back in deliberations, you know, not knowing what's going on, looking at this. You know, if they misunderstood that it was taken when Mr. Drumm was flying on the 4th, before the vehicle was even discovered, it just may confuse things.
THE COURT: As I watched the evidence myself, I wondered if anybody was going to zoom in and show where the RAV4 was because I was not aware of when the photo was taken. So I think the jury should be informed of that.
Anything else before we get to the stipulations? Have I missed anything that's been placed in issue?
MR. KRATZ: No.
THE COURT: If not, let's move on to the stipulations. Who is going to speak?
MR. KRATZ: I certainly can, Judge. Mr. Strang, I'm sure, will correct me if there's a problem. First of all, there is one stipulation that came up this afternoon. As Mr. Schmitz was leaving the witness stand, I had neglected to inquire of him what his telephone number was.
I'm simply doing that because there's going to be a summary exhibit contemplated later that each of the witnesses, rather than calling -- a custodian of Mr. Schmitz's phone may have been called, rather than recall him for that purpose, Mr. Strang was gracious enough to agree to a stipulation. His phone number, Judge, is 894-3912. I believe that's a 920 area code. And that should be included as a fact and provided to the jury.
As the Court knows, Mr. Strang, Mr. Buting, and the prosecution team had worked for several weeks on proposed stipulations of fact. We have tried to eliminate witnesses that were either unnecessary or would provide testimony or evidence that was not really contested or at consequence to the real issues in this lawsuit.
And so in an exchange of emails, Mr. Strang and I came up with these following stipulations. Most of them, Judge, I will tell you do not have to be provided to the jury by way of affirmative comment by the Court, but simply as an agreement as happens in most trials, between attorney's, that objections will not be made or an agreement as to admissibility of evidence.
And so from that perspective, the parties have agreed as follows:
First, that the DNA exemplar of the victim in this case, Teresa Halbach, which consisted of a Pap smear, a cervical sample, would be admitted without the necessity of providing witnesses as to its -- how it was obtained, how it was stored, or the transport thereof.
There will be testimony as to the DNA analysis performed by the Wisconsin Crime Lab, but authentication and transport witnesses, Mr. Strang has agreed, will not be required. If the Judge wants to inquire of Mr. Strang as we do these one at time, that's fine, or I can do them en masse. I don't care how the Court wants to proceed.
THE COURT: Mr. Strang.
MR. STRANG: I think the much more efficient way to do this would be just to make a part of the record my February 4, 2007, email to Mr. Kratz which lays out in writing just exactly what's stipulated and what's not. I think, you know, these go paragraphs A through W and not all of them are stipulations, but most of them are.
THE COURT: Do I understand that these are not, for want of a term of art, Jury Instruction 162 stipulations that are going to be read to the jury, these are simply items pertaining to evidence that the parties are going to agree to as we go along?
MR. STRANG: That's right. And that's a good distinction between these and the Steven Schmitz stipulation. On the Steven Schmitz stipulation, the stipulation is that, had he been asked, he would have testified that his telephone number is 920-894-3912. So that's a stipulation about what evidence would have been given by a witness. Most of these --
THE COURT: Just a minute. If there's another written document, or something that's going to be received with his telephone number on it and it's not objected to, I don't know that I have to instruct the jury in --
MR. STRANG: Right.
THE COURT: -- closing instructions, the parties can agree that's his phone number, right?
MR. STRANG: Correct, if there were a written document and it's not objected to, then there is no Pattern Instruction 162 stipulation instruction to give. And most -- most of these paragraphed stipulations are of the latter nature. In other words, we just agreed among us that I won't make an authenticity objection, you know, you still have to prove up relevance, or I, you know, I may or may not object under 904.03. But I don't have a problem with authenticity.
Some of them go -- Some of them go further than that; for instance, just as an example, we're stipulating that Teresa Halbach purchased a Motorola RAZR V3 phone in August, 2005. And we're going to allow admission of the contract and receipt without the calling of any witness, so.
THE COURT: I have no problem with simply accepting a written copy of the email; though I have already marked up the copy that was circled by, I believe, Mr. Kratz or someone and given to me, so I will need a clean one, but I won't require the parties to put the agreement further on the record if they don't feel a need for it.
MR. KRATZ: Judge, what I will do, since what you have, dated the 4th of February, is actually a response to an email that I wrote to Mr. Strang on the 25th of January, I'm going to attach both of these as one exhibit. I will have it marked, I will have it received by the Court. And this, together, is an accurate reflection, then, of what both parties agree to. I don't have any problem with the procedure.
MR. STRANG: And that's ideal because my February 4 email says see your January 25, 2007, email. I will also just make crystal clear that we're not walking away from the stipulation to the authenticity of the aerial photographs. There is no objection to Exhibit 25.
The issue is -- and I fully accept Mr. Kratz's explanation of what question he actually asked Mr. Drumm. Once he repeats it, I think it rings a bell with me. All I can say is that sitting here, as one attentive observer, in my own mind, when I heard Mr. Drumm testifying, I was -- I guess assuming that Exhibit 4 -- inferring that Exhibit 25 was taken on November 4. And if I made that mistake then jurors may have. So that's why we just need to clear up the date. It doesn't affect the admissibility or the authenticity of Exhibit 25. We have no quarrel with that.
THE COURT: Well, again, I think perhaps the primary reason to clear up the date is not have the jury wondering whether or not the RAV 4 is in that photo. The parties have already demonstrated to the jury that they have the capability to zoom in on these photos. So I think it will help the jury and everyone, to know exactly when it was taken. Anything further this afternoon?
MR. KRATZ: It's a digital photo, Judge. I'm just telling the Court because just something that I learned about the signature on a digital photo. It was taken, at least if the time in the camera is correct, on November 8th, 2005, at 7:15 a.m., using a Canon EOS Digital Rebel XT camera. I don't know what the Court wants by way of information, but we'll try to verify that time and any other information. And I think it's a very valid point and we'll alert the jury to that.
MR. STRANG: I don't think the State needs to spend anymore time verifying that. I mean, November 8, I don't have any reason to doubt and the photo is perfectly plausible for having been taken on November 8.
THE COURT: Okay.
MR. STRANG: So I'm happy with that.
MR. KRATZ: Judge, if I may, page 185 of the Calumet County Sheriff's Department discovery, on the third last paragraph, actually talks about this very image, how it was taken and when and why and those kind of things. So, page 185.
THE COURT: All right.
MR. KRATZ: That not withstanding, Judge, we will -- Oh, I'm sorry. I'm sorry, Judge. I misspoke. I was hearing two things, page 185, the third last paragraph is the information regarding the other cell phone that was found, that mystery one down by the river.
THE COURT: The Mishicot cell phone?
MR. KRATZ: Yeah, page 185 of the Calumet County Sheriff's Department report, third from the bottom paragraph, that should be the information that Mr. Buting has been looking for.
I'm sorry. But the other information, as to the time and date of the aerial photo, all seems accurate as well. That's all I have for today.
THE COURT: All right. I will ask the attorneys to meet in chambers again at 8:30 just to give me the agenda for the day. See you tomorrow morning.
MR. KRATZ: All right. Thank you.
(Proceedings concluded.)