5.Steven Schmitz — Direct/Cross/Redirect
93 linesTHE COURT: Please raise your right hand.
STEVEN SCHMITZ, 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.
STEVEN SCHMITZ: Steven Schmitz, S-c-h-m-i-t-z.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Schmitz, where are you from, sir?
STEVEN SCHMITZ: New Holstein, Wisconsin.
MR. KRATZ: I'm going to direct your attention to the 31st of October, 2005, ask if you remember that day?
STEVEN SCHMITZ: Yes, I do.
MR. KRATZ: And did you make any contact that day with a young woman that you later learned was Teresa Halbach?
STEVEN SCHMITZ: Yes, I did.
MR. KRATZ: Tell the jury, please, how it was that you made contact with Ms Halbach?
STEVEN SCHMITZ: I had a car for sale. She contacted me that day. She was going to be here about 1:30. She showed up. She did a photograph of my car. I gave her a check. She gave me a receipt with a bag with information in it and then she left.
MR. KRATZ: I'm going to show you what's been received as Exhibit No. 5, ask you if you can direct your attention to the large screen; is this the woman that you made contact with the afternoon of the 31st?
STEVEN SCHMITZ: Yes, it is.
MR. KRATZ: Mr. Schmitz, how long was it that this transaction occurred; in other words, how long did it take for Ms Halbach to take the photographs, get paid, give you the information and be on her way?
STEVEN SCHMITZ: Ten to fifteen minutes, max.
MR. KRATZ: Where did this transaction take place?
STEVEN SCHMITZ: In my driveway.
MR. KRATZ: In New Holstein?
STEVEN SCHMITZ: Yeah.
MR. KRATZ: You're quite sure it was around 1:30 p.m.?
STEVEN SCHMITZ: Yes, I am.
MR. KRATZ: The vehicle that's depicted here in Exhibit No. 5, the bluish green SUV, was that the vehicle that Ms Halbach was driving, if you remember?
STEVEN SCHMITZ: Yes.
MR. KRATZ: Can you tell the jury, please, how Ms Halbach was dressed that day, if you remember?
STEVEN SCHMITZ: She had blue jeans on, button up white blouse and a spring jacket, waist length. I believe it was blue in color.
MR. KRATZ: I don't expect you to know this, Mr. Schmitz, but I will ask it any way. Do you know what kind or what brand of blue jeans she was wearing?
MR. KRATZ: How long did you say the jacket was that she had on?
STEVEN SCHMITZ: I would say about waist length. It was like a summer jacket.
MR. KRATZ: How was she paid, if you remember?
STEVEN SCHMITZ: I gave her a check.
MR. KRATZ: After Ms Halbach concluded her transaction with you, do you know which way she left, which way she drove?
STEVEN SCHMITZ: She headed north on Highway A.
MR. KRATZ: And for those of us not familiar with the New Holstein area, does going north on Highway A intersect with any large roads that we would know?
STEVEN SCHMITZ: It was formerly Highway 149, now I believe it's HH.
MR. KRATZ: What's north of that, is what I'm asking?
STEVEN SCHMITZ: 151, if you keep going north.
MR. KRATZ: 151 would be the main road or the main trunk road between would be Chilton and the Calumet County area and Manitowoc; is that right?
STEVEN SCHMITZ: Yes.
MR. KRATZ: Ms Halbach appear upset to you when you met with her?
STEVEN SCHMITZ: No. Very friendly and very polite.
MR. KRATZ: The information or the papers that she left with you; do you recall those? Can you describe them?
STEVEN SCHMITZ: Yeah, one was a for sale sign. There was a book that was the Auto Trader and then there was like a contract, if you were to sell your vehicle, how to fill it out properly, like a sales receipt.
MR. KRATZ: So a receipt and an Auto Trader Magazine; is that right?
STEVEN SCHMITZ: Right.
MR. KRATZ: Do you recall what this receipt looked like?
STEVEN SCHMITZ: It was a larger white thing probably 6 by 8 square, just a common receipt.
MR. KRATZ: Do you know what it was called? You didn't keep it, did you?
STEVEN SCHMITZ: No. No.
MR. KRATZ: I think that's all I have of Mr. Schmitz. Thank you, Judge.
THE COURT: Mr. Strang.
CROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: Mr. Schmitz, just generally, where is New Holstein in relation to, let's say the city of Manitowoc?
STEVEN SCHMITZ: Oh, quite a ways away, I would say probably 35 miles.
MR. STRANG: Is it west, southwest?
STEVEN SCHMITZ: West, yeah, southwest.
MR. STRANG: That is, New Holstein is west and a little south of Manitowoc?
STEVEN SCHMITZ: I'm actually south of New Holstein.
MR. STRANG: Okay. Fair enough. The car you had was at your house, as you said?
STEVEN SCHMITZ: Yes.
MR. STRANG: But you owned that jointly with another gentleman?
STEVEN SCHMITZ: Yes, I did.
MR. STRANG: His name is Craig Sippel?
STEVEN SCHMITZ: Yes.
MR. STRANG: Mr. Sippel is the one who actually called and made the appointment with Auto Trader?
STEVEN SCHMITZ: Yes.
MR. STRANG: And gave your address presumably --
STEVEN SCHMITZ: Yes.
MR. STRANG: -- as the place for the photo shoot?
STEVEN SCHMITZ: Right.
(Court Reporter couldn't hear.)
STEVEN SCHMITZ: The car is stored in my shed.
MR. STRANG: In your shed?
STEVEN SCHMITZ: Yes.
MR. STRANG: You may need to swing your mike a little closer to you, or you a little closer to it. If you get too close it gets too loud, a delicate balance. Mr. Sippel is a friend of yours?
STEVEN SCHMITZ: Yes.
MR. STRANG: You know him well?
STEVEN SCHMITZ: Yes.
MR. STRANG: He wasn't trying to lure a photographer to your house by using his name when he called Auto Trader asking for someone to come to your residence?
MR. STRANG: Thanks.
MR. STRANG: That's all I have got.
THE COURT: Very well.
MR. KRATZ: Judge, if I could ask one follow up question.
THE COURT: Yes.
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Schmitz, do you recall the date that law enforcement came and asked you questions regarding your contact with Ms Halbach?
STEVEN SCHMITZ: Like a day or so after. I'm not positive. They contacted me to make sure that she was there and I said, yes, she was.
MR. KRATZ: That's all I have. Thank you, sir.
THE COURT: You are excused.
STEVEN SCHMITZ: Thank you.
MR. KRATZ: State will call JoEllen Zipperer to the stand.