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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayDay 21 - March 12, 2007The court denied renewed fair-testing and suppression motions, dismissed the false-imprisonment charge, and questioned seated jurors about outside contact. Avery chose not to testify; the defense rested, the State offered no rebuttal, and the court denied a renewed motion to dismiss the remaining counts.
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Day 21 - March 12, 2007

False-Imprisonment Count Dismissed; Jurors Questioned; Evidence Closes

Judge Patrick L. Willis
9Proceedings
5Pages
0Witnesses
529Lines
Day 21 of 27

The court denied renewed fair-testing and suppression motions, dismissed the false-imprisonment charge, and questioned seated jurors about outside contact. Avery chose not to testify; the defense rested, the State offered no rebuttal, and the court denied a renewed motion to dismiss the remaining counts.

Full day summary

The court denied renewed motions concerning the bullet DNA testing and searches, finding no State bad faith or unfair prejudice from the testing and rejecting the suppression arguments. At the close of the State’s case, it dismissed the false-imprisonment charge for insufficient evidence but left the homicide, corpse-mutilation, and firearm charges for the jury. The court then questioned seated jurors individually about publicity and outside contact. Nancy Stienmetz reported hearing other jurors discuss contact with family members and television tickers, but said she had not heard specific outside information or opinions relayed to the jury. Defense counsel challenged Barbara Schmidt’s candor; the court made no ruling here on any juror’s continued service. Outside the jury’s presence, Avery said he would not testify, and the court found that decision knowing and voluntary. The defense rested, the State offered no rebuttal, and jurors were excused until Wednesday for final instructions and closing arguments. After the evidence closed, the court denied a renewed motion to dismiss the remaining counts. Defense counsel clarified the limited scope of a stipulation on the firearm count and said he was considering, but had not made, a mistrial motion concerning the dismissed count.

1. Rulings on Fair Testing, Search Suppression, and Charge Dismissal

The court denied renewed motions concerning bullet DNA testing and searches, then dismissed the false-imprisonment charge while leaving three other charges for the jury.

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Procedural
Trial resumes and counsel enter appearances
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Procedural
Rulings on fair testing, search suppression, and charge dismissal
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The court denied renewed fair-testing and search-suppression motions, but dismissed the false-imprisonment charge for insufficient evidence.

Highlights

Rulings on fair testing, search suppression, and charge dismissalrulingThe court finds no State bad faith in the bullet DNA testing and denies the renewed fair-testing motion.Rulings on fair testing, search suppression, and charge dismissalrulingThe court rejects the renewed challenges to the multiple entries, the warrant affidavit, and the timing of the burn-pit search, and denies suppression.Rulings on fair testing, search suppression, and charge dismissalrulingThe court finds the evidence insufficient on false imprisonment and dismisses that charge, while finding sufficient evidence to leave the homicide, corpse-mutilation, and firearm charges for the jury.Rulings on fair testing, search suppression, and charge dismissal“To conclude, on the evidence presented, that she was forced there against her will would require speculation on the part of the jury.”— Patrick L. WillisExplains why the court found the false-imprisonment charge unsupported.

2. Individual Seated-Juror Inquiries About Publicity and Outside Contact

The court questioned seated jurors on Day 21 about publicity and outside contact. Several disclosed limited exposure or conversations, and Strang questioned one juror’s candor. The court recessed without ruling on any juror’s continued service.

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Procedural
Arrangements for individual juror publicity inquiries
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Procedural
Individual seated-juror inquiries about publicity and outside contact
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The court questioned seated jurors about publicity and outside contact, followed up on family comments and television tickers, and recessed without ruling on juror service.

Highlights

Individual seated-juror inquiries about publicity and outside contacttestimony highlightNancy Stienmetz reported hearing a juror she called Auggie say his wife told him what happened when jurors were out of the courtroom. She also reported hearing Barb describe pressure from her husband's opinions and discuss television tickers. Stienmetz said she had not heard either juror relay specific outside information or opinions about the case.

3. Defense Evidence Decision, Right-to-Testify Colloquy, and Juror Request

Defense counsel reported no further evidence. Outside the jury's presence, Avery declined to testify, and the court found his decision knowing and voluntary.

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Procedural
Defense evidence decision and right-to-testify colloquy
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The defense planned to rest, and Avery chose not to testify; the court found his decision knowing and voluntary.

Procedural
Request to revisit seated juror's prior civil-trial service
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Highlights

Defense evidence decision and right-to-testify colloquyprocedural actionAfter the court reviewed his right to testify and his right not to testify, Avery said he wished not to testify.

4. Defense Rests, State Offers No Rebuttal, and Jury Is Excused

The defense rested, and the State offered no rebuttal. The court told jurors the evidence portion of the trial had concluded and excused them until Wednesday morning.

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Procedural
Defense rests; State offers no rebuttal
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The defense rested, and the State offered no rebuttal.

Procedural
Jury excusal and end-of-evidence admonition
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The court excused jurors after the evidence closed and directed them to return Wednesday for final instructions and closing arguments.

Highlights

Defense rests; State offers no rebuttalprocedural actionThe defense rested, and the State said it had no rebuttal witnesses or testimony.

5. Renewed Motion to Dismiss Remaining Counts Denied

After all evidence closed, the defense renewed its motion to dismiss the three remaining counts for insufficient evidence, and the court denied it.

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Procedural
Renewed motion to dismiss remaining counts denied
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The court denied the renewed motion to dismiss the three remaining counts; the defense clarified a limited stipulation and said it was considering, but not making, a mistrial motion.

Highlights

Renewed motion to dismiss remaining counts deniedrulingAt the close of all evidence, the defense renewed its motion to dismiss the three remaining counts. The State opposed it, and the court denied the motion, referring to reasons given earlier that morning.
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