1.Jury Request and Rereading of Culhane’s Rifle DNA Testimony
32 linesTHE COURT: At this time we're on the record, outside the presence of the jury, in the case of State of Wisconsin vs. Steven Avery, Case No. 05 CF 381. Will the parties present please identify themselves for the record.
MR. KRATZ: The State appears by Ken Kratz and Tom Fallon as Special Prosecutors, Judge.
MR. BUTING: Steven Avery is here in person, your Honor, Jerome Buting and Dean Strang on his behalf.
THE COURT: All right. I will indicate we're in the courtroom, outside the presence of the jury at this time to address a written request that was received from the jury; specifically, the request reads as follows:
Your Honor, we would like to have the testimony shown or read to us from Sherry Culhane on Monday, February 26, on her DNA results on Exhibit 164. Exhibit 154 (sic) is a .22 caliber rifle. After the Court received that request, I first summoned the attorneys for both sides to chambers, to have a look at it.
We, then, had the court reporter research the minutes or her testimony that was taken down on Monday, February 26, from Ms Culhane. I have received pieces of her testimony in three separate parts from that day, listed as pages -- or part of page 32, part of page 34, of what I believe is the morning transcript. And then page 8 and part of page 9 from the afternoon transcript.
(Court reporter note: After completing the transcription of February 26, 2007, Trial Day 11, the page numbers are 33, 34, 115, 116, 117.)
THE COURT: Those portions of the transcript have been shared with counsel. And it's my understanding that counsel for both parties are asking that I read to the jury all of the testimony from the pages I have just referred to.
Mr. Strang, is that correct, on behalf of the defendant?
MR. STRANG: Yes.
THE COURT: And, Mr. Kratz?
MR. KRATZ: Judge, it's Exhibit 164, I believe you said 154. But 164 is a photograph of the .22 caliber rifle. We have all assumed that the testing, which results find its way in Exhibit 313, that the jury is asking about the testing of the item itself.
The rifle itself is Exhibit 247, but we have been able, I think the Court and counsel, to ascertain that they are asking about the results from the item itself, since the exhibit number is the photograph and wouldn't, of course, have DNA results. But we do agree with the Court that those portions of those four pages should be read.
THE COURT: Actually, the distinction you may have just made raises a question in the Court's mind. And that is, I'm wondering if we shouldn't, before we bring the juror in -- the jurors in and read this to them, ask them for a clarification to make sure that the exhibit we're talking about is the exhibit they are referencing in their note, since they reference it by a number rather than an exhibit.
MR. STRANG: They just have photographs, your Honor, back there, so --
THE COURT: Okay.
MR. STRANG: -- I think it's pretty clear.
THE COURT: Well, does the State feel there's a need?
MR. KRATZ: I think they want the item itself, Judge.
THE COURT: All right. Well, let me ask this, should I clarify, before we begin, that the Court and the parties assume that they are referring to a photograph of a .22 caliber rifle?
MR. STRANG: Sure.
MR. KRATZ: And perhaps, Judge, that the item itself is Exhibit 247. They are certainly always free, then, to ask additional questions.
THE COURT: Mr. Strang.
MR. STRANG: That's fine.
THE COURT: Okay.
MR. STRANG: Just clarify or make certain.
THE COURT: All right. Anything else before we bring the jurors in? We'll bring the jury in at this time?
(Jury present.)
THE COURT: You may be seated. Members of the jury, the Court has received your written request to have some testimony read to you, specifically, the request for testimony from Sherry Culhane on Monday, February 26, on her DNA results on Exhibit 164.
It's the Court's understanding that you are referring to the rifle that was introduced as Exhibit 247 that is pictured in Exhibit 164. The testimony has been transcribed; it's in, actually, three separate portions of testimony that was given by Ms Culhane on that date and I will read each of those excerpts to you at this time. The answers are all given as part of cross-examination by Attorney Buting, for the defense.
The first excerpt reads as follows:
Question: As well as the license plates from the RAV4 and to check the .22 caliber gun, Item DD, for any indication of the victim's blood on the barrel, right?
Answer: Yes.
Question: And also to swab the trigger guard area to compare with Steven Avery?
Answer: Correct.
And shortly thereafter, the following exchange:
Question: And you checked the Item DD, .22 caliber gun; that's a rifle, right?
Answer: Yes.
Question: You looked for any blood of the victim on the barrel, right?
Answer: Correct.
Question: You found no DNA of Teresa Halbach on that barrel?
Answer: Correct.
Question: You looked at the trigger guard as well, not just the trigger guard, but the trigger itself?
Answer: Yes.
Question: You swabbed both, right?
Answer: Yes.
Question: And you found no DNA of Mr. Avery, right?
Answer: Correct.
Then a bit later, the following exchange took place.
Question: Now, you also looked, or asked to look, we saw that message earlier, at the -- at .22 rifle swabs that were taken from it, right?
Answer: Yes.
Question: And the purpose there was not to see if you would find Teresa Halbach's DNA, but to see if you would find Mr. Avery's DNA, right?
Answer: Was that item DD?
Question: Yes.
Answer: I believe I was requested to look for possible blood on the barrel part and DNA from the trigger area.
Question: And you found neither, correct?
Answer: That's correct.
Question: You did not find Mr. Avery's DNA on that weapon anywhere, did you?
Answer: On the trigger guard is the only place I swabbed, but, no, I didn't.
Question: And you did not find Teresa Halbach's DNA anywhere on the barrel either?
Answer: Correct.
Question: Are you familiar with close -- close, almost contact-type shootings?
Answer: I don't know what you mean by that.
Question: Are you familiar with the term blow back?
Answer: Yes.
Question: You know that if someone shoots another human being with a gun, that's very close to them, there may be blow back spatter of blood onto that weapon?
Answer: I assume that's possible.
Question: Well, that's what you were looking for?
Answer: I was simply looking for bloodstains, yes.
Question: On the barrel?
Answer: Correct.
Question: And you found none?
Answer: Correct.
THE COURT: And that represents the testimony in response to your question. At this time the Court will excuse you to resume your deliberations.
(Jury not present.)
THE COURT: Counsel, you may be seated. Anything else while we're on the record?
MR. STRANG: No, your Honor.
MR. KRATZ: No.
THE COURT: Very well.
(Court in recess, jury deliberating.)