5.Mark Wiegert — Direct/Cross/Redirect/Recross (Recall)
89 linesTHE COURT: Very well.
INVESTIGATOR MARK WIEGERT, 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.
MARK WIEGERT: Mark Wiegert, W-i-e-g-e-r-t.
DIRECT EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: Good afternoon, again, Mr. Wiegert.
MARK WIEGERT: Good afternoon.
MR. STRANG: I think you probably were here in the courtroom with us when a young woman named Lisa Buchner testified yesterday?
MARK WIEGERT: Yes, sir.
MR. STRANG: Had you interviewed her previously?
MARK WIEGERT: Yes, I remember the interview very well.
MR. STRANG: Was that -- Did the interview take place on Monday, November 7, 2005?
MARK WIEGERT: It did, yes.
MR. STRANG: All right. And among other things, did Ms Buchner tell you, on Monday, November 7, 2005, that she remembered some things on Saturday, November 5, and thought it would be important that we would know; we, meaning law enforcement, would know that information?
MARK WIEGERT: Yes, she had basically shown up at the checkpoint where we had security up out on Highway 147. And I had gotten a call from them stating that there's somebody at the checkpoint that had information. And that would happen periodically throughout the time we were out there.
And, in fact, we would get a lot of phone calls about information as well. But, what had happened is, I didn't have any other detectives to interview her because they were all out doing other interviews, on leads and things like that. So I told them to let her through the checkpoint. I met her at the Command Post.
MR. STRANG: On the 7th?
MARK WIEGERT: On the 7th.
MR. STRANG: Right. Okay. And she -- You interview her and she tells you, you know, that she saw a female taking pictures around 3:30 p.m. one day?
MARK WIEGERT: That's correct.
MR. STRANG: And when you are talking to her on Monday, November 7, she was able to tell you that this observation of a female taking pictures of the van happened either on Monday, October 31, or Tuesday, November 1, or maybe Wednesday, November 2; do I understand that correctly?
MARK WIEGERT: That's -- That's what she had told me that day, or she did not know what color the van or anything was.
MR. STRANG: Right. And -- And she could narrow it down only to one of those three days, but it was the week before she was speaking to you on Monday, November 7th?
MARK WIEGERT: That's what she had indicated that day; however, she couldn't give me a -- what kind of weather it was that day. Nothing else stood out in her mind that day. She just thought it was between those three days. Again, she didn't know what color the van was or anything.
MR. STRANG: Okay. That's all I had. I just wanted to nail down the time. Thank you.
THE COURT: Mr. Kratz.
MR. KRATZ: Thank you, Judge.
CROSS-EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Wiegert, I'm showing you what's been received as Exhibit No. 86. When you spoke to Ms Buchner early on in this investigation, was she able to explain or describe for you where this woman was seen taking the photographs?
MARK WIEGERT: She had indicated, at the time she saw this woman taking photographs, was towards the shop area, if you will, at the intersection of Avery Road, where it meets with the driveway, where you go down to the residences. There's a set of mail boxes there and right in that area.
MR. KRATZ: I'm going to use my laser pointer, is this the area where Ms Buchner said she saw the person taking those photographs?
MARK WIEGERT: That's what she had thought, yes.
MR. KRATZ: Now, when you got to the Avery Salvage property on the 5th, that's the first day that you were at the property, we have seen photographs, but wasn't the van that Ms Halbach was taking pictures of actually down in this area, near Mr. Avery's residence?
MARK WIEGERT: Yeah, it was still down there. And that's what other witnesses had told us, too, that it was down there.
MR. KRATZ: All right. Last question I have for you, Investigator Wiegert, at least on this point is, this intersection here, is that the main road or intersection, if you will, for people coming into the business property itself?
MARK WIEGERT: Yeah, I think it's actually a town road, I think it's -- from my recollection, I think the town upkeeps that road, so it's actually a traveled roadway that leads down to the salvage yard and that's where people come and go to do their business.
MR. KRATZ: And, in fact, I think there is one other exhibit that may show this a little bit better even, Exhibit No. 81, that's been received. I will show you and the jurors that intersection; do you recognize that?
MARK WIEGERT: I do, yes.
MR. KRATZ: In fact, this intersection, which shows actually two Command Post vehicles, I'm pointing to those; is that where the law enforcement officers set up their command center?
MARK WIEGERT: Yes.
MR. KRATZ: And isn't it, in fact, true, Investigator Wiegert, that this very vehicle I'm pointing to here, a Blazer, as well as a Pontiac Grand Prix behind it, were vehicles that were for sale at the Avery Salvage property when you arrived there on the 5th?
MARK WIEGERT: Yes. And that would make sense, I mean, if you're going to sell a car, you're going to have it up where people are coming and going. Wouldn't make sense to have it down --
MR. STRANG: That's pretty speculative, your Honor, I will object.
THE COURT: The Court will sustain the objection and order that the last part of the answer be stricken.
MR. KRATZ: That's fine.
MR. KRATZ: (By Attorney Kratz)~ Let's talk about this Blazer, right here, the red and black Blazer. In fact, did you see photographs earlier, that is, that that's one of the pictures that Teresa Halbach took, a photograph of that very Blazer that's depicted in Exhibit 81?
MARK WIEGERT: That is true, yes. I did see those pictures.
MR. KRATZ: The Grand Prix behind it is another photograph that Ms Halbach took, that is, the Grand Prix for sale directly behind that Blazer as well; is that right?
MARK WIEGERT: Yes.
MR. KRATZ: And, again, both of these vehicles, at least on the 5th, as you got there, were located in the same intersection that Ms Buchner told you she saw some woman out taking pictures of vehicles; is that your understanding?
MARK WIEGERT: That's true, yes.
MR. KRATZ: All right. That's all I have for cross-examination, Judge. Thank you.
THE COURT: Any redirect?
REDIRECT EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: So, if Teresa Halbach was taking pictures of a van or some cars up by the shop area that you have described, on October 31, presumably, or November 1 or November 2, that's not a photo you could attribute to the call to Auto Trader earlier on October 31, could you?
MARK WIEGERT: I guess I'm not sure what you are asking.
MR. STRANG: Well, somebody else would have had to ask her to take a photograph up at this end, because that's not where the maroon van was, right?
MARK WIEGERT: The maroon van was not up there.
MR. STRANG: And so if she was taking a picture, she was either doing that on her own or because someone else asked her.
MARK WIEGERT: I don't know that anybody has established that she was taking a picture down there.
MR. STRANG: Well, if Ms Buchner is correct, that she saw a female photographing a van up at that end of the driveway ...
MARK WIEGERT: Ms Buchner didn't say who was taking a picture. She couldn't even give me a description of who it was; she said it was a female.
MR. STRANG: Right, I understand.
MARK WIEGERT: And didn't know what day it was. So it was between a set of days, she thought.
MR. STRANG: Did you find any other information that female photographers were out taking pictures of cars near Avery Road, or that driveway, on any day between October 31 and November 2, 2005?
MR. KRATZ: I'm going to object as to the characterization, Judge. I don't think you have to be a professional photographer to take a picture.
MR. STRANG: I'm not suggesting a professional photographer.
MR. STRANG: (By Attorney Strang)~ Do you have any information at all, as the case agent, or one of the two lead investigators here, of any female taking photographs of a van, or any other car, other than Teresa Halbach, on October 31 to November 2, 2005, anywhere on that driveway?
MARK WIEGERT: Where the picture is there?
MR. STRANG: Anywhere on Avery Road or that driveway --
MARK WIEGERT: The only --
MR. STRANG: -- any information at all?
MARK WIEGERT: No, I don't.
MR. STRANG: Okay. That's all I have. Thanks.
MR. KRATZ: One other question.
RECROSS-EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: But yesterday you heard Ms Buchner say it could have been a week before, or two weeks before. It wasn't the 31st, even necessarily anywhere around that time frame; you heard that didn't you?
MARK WIEGERT: I did hear her say that yesterday, that's correct.
MR. KRATZ: That's all I have got, Judge.
THE COURT: All right. The witness is excused.
MR. STRANG: Scheduling at side bar?
THE COURT: Mr. Strang, any more witnesses today?
MR. STRANG: No, that's why I was going to approach side bar; we don't have any more witnesses for today.
THE COURT: All right. I will meet with counsel after we conclude today. Members of the jury, we're going to break early today, before you leave, I have an announcement to read to you at this time. Some of these things you have heard before.
As you know, the Court's decision not to sequester the jury during the trial is dependent on the jurors not listening to, watching, or reading any news accounts of the case, nor discussing it with anyone, including members of your family or other jurors.
For these reasons, it is vital that you do not listen to any conversation about the case, do not read any newspaper or internet reports, or listen to any news reports on the radio or television, about this trial.
To assure that you are not exposed to any improper media coverage, the Court has ordered that, for the duration of the trial, you do not watch the local news on television; do not listen to the local news on radio; and do not read the newspaper, unless you first have someone remove any articles about the case.
In addition, do not visit any internet websites or web logs, which may include any information about the case, or for that matter, watch any national shows that have any information about the case.
The Court understands that some of you may be working at places of employment during the weekend, do not discuss the case with any employers, employees, or patrons. Do not volunteer your status as a juror to anyone.
If anyone attempts to discuss the case with you, politely but firmly notify them that you are prohibited from discussing the case. If you are involuntarily exposed to information about the case, from any source, take steps immediately to avoid any further exposure.
Should you be exposed to any reports or communications from any source concerning the case during the trial, or should you become aware of anything you believe may affect your ability to serve as a juror, you should not discuss your concerns with any other jurors, but should report any concerns to the jury bailiff.
As you know, we are getting close to the end of this trial. It is important for the Court to know that each of you has been able to comply with the Court's restrictions on outside information about this case.
Should any of you believe that you have been exposed to any outside information about the case, such as through the news media, or from any other persons, including other family members, or jurors, it is important that you report such information to the Court. You may do so, confidentially, in writing.
I would like each of you to think about that matter during the weekend. The Court may individually question members of the jury before we proceed to the final stages of the trial on Monday, to make sure that no juror has been exposed to any improper outside information about the case. With that, you are excused for today.
(Jury not present.)
THE COURT: You may be seated. And, counsel, then, I will see you in chambers in a few minutes.
MR. STRANG: Your Honor, before we go off the record, I just want to move Exhibit 501, which is Dr. Fairgrieve's CV.
THE COURT: Any objection?
MR. FALLON: None.
THE COURT: Exhibit 501 is admitted.
(Proceedings concluded.)