5.Bobby Dassey — Direct (Part 2)
194 lines(The jury was brought back to the courtroom, and the following proceedings continued in the courtroom, in the presence of the jury.)
THE COURT: You may be seated.
Mr. Kratz, at this time you may resume your direct examination.
MR. KRATZ: Thank you.
BY MR. KRATZ:
MR. KRATZ: Bobby, we left off on Exhibit Number 56, that was in front of you. I think you started to tell us what Exhibit 56 was. Can you tell us again please?
BOBBY DASSEY: That is my Grandma's house.
MR. KRATZ: Now that the jury can see exhibit 56, where is your Grandma's house located in relationship to you?
BOBBY DASSEY: To the east.
MR. KRATZ: Okay. We will see an overview, or at least the jury has. But how far down that road is your Grandma's trailer located? Do you know?
BOBBY DASSEY: Maybe six tenth's of a mile.
MR. KRATZ: And then they have a road, or more of a "long driveway"; is that correct?
BOBBY DASSEY: Yes, it is a long driveway.
MR. KRATZ: The next exhibit is Number 57. Can you tell us what that is please?
BOBBY DASSEY: It's another picture of my Grandma's house.
MR. KRATZ: From a different angle?
BOBBY DASSEY: Yes.
MR. KRATZ: And, again, now that the Jury can see Exhibit number 57, how are we looking at her trailer?
BOBBY DASSEY: That would be, if you are coming into the driveway, that would be the east side of it, the northeast Side of it.
MR. KRATZ: So, if you are coming from the main road, on Highway 147, you are coming toward the end of it?
BOBBY DASSEY: Yes. That would be the front.
MR. KRATZ: What is the next exhibit, Exhibit 58?
BOBBY DASSEY: That is the office area, inside the shop, of the salvage yard.
MR. KRATZ: Now, as I get that picture up, if I can, in fact, do that, you are talking about the shop?
BOBBY DASSEY: Where they do all of their business. Where they fix the cars.
MR. KRATZ: On the Avery Salvage property, this is other than just residences; is that correct?
BOBBY DASSEY: Yes.
MR. KRATZ: Do you know how many other buildings there are, other than residences?
BOBBY DASSEY: Three,
MR. KRATZ: Exhibit Number 58, is that one of them?
BOBBY DASSEY: Yes.
MR. KRATZ: The main office area, if somebody did business with the salvage place, he would come into this room here?
BOBBY DASSEY: Yes.
MR. KRATZ: All right. Tell us what Exhibit 59 is?
BOBBY DASSEY: Just another picture of the Plymouth Voyager van.
MR. KRATZ: Now, Exhibit 59, where was that taken from? Do you know?
BOBBY DASSEY: From the driveway.
MR. KRATZ: Do you still have the laser pointer up there?
BOBBY DASSEY: Yes.
MR. KRATZ: Can you show us with the laser pointer where your mother's and your home would be located in relationship to this picture?
BOBBY DASSEY: It would on this side of the picture.
MR. KRATZ: The left side?
BOBBY DASSEY: Yes.
MR. KRATZ: And that is the maroon van, again, the van that you saw Teresa taking pictures of?
BOBBY DASSEY: Yes.
MR. STRANG: Objection, asked and answered. The testimony is getting cumulative, Your Honor.
THE COURT: Mr. Kratz?
MR. KRATZ: Judge, although I understand I have asked the questions, these are all different angles. They will have a use later in the trial. I suspect, with this picture, that is self-explanatory.
THE COURT: I will allow the one question, to put the picture in context.
BY MR. KRATZ:
MR. KRATZ: That was the vehicle that Teresa was taking a picture of?
BOBBY DASSEY: Yes.
MR. KRATZ: All right. The next exhibit is Exhibit Number 60?
BOBBY DASSEY: That is another picture of the van, just a different angle.
MR. KRATZ: What we are showing on the screen is Exhibit 60?
MR. STRANG: Objection, cumulative and a waste of time, under Section 904.03.
THE COURT: Are you referring to the description of the photo, or the photo itself?
MR. STRANG: The photo and the description of it.
THE COURT: It's my understanding at this time we are going through these photos because they may be used later. It's a bit difficult for the Court to say, in advance, that a photo may be a waste of time, since I don't know the purpose for which it may be used. So, I'm not going to rule on the objection for now.
MR. KRATZ: All right.
BY MR. KRATZ:
MR. KRATZ: Exhibit 61?
BOBBY DASSEY: Another picture of the van at a different angle.
MR. KRATZ: What is in the background of Exhibit 61?
BOBBY DASSEY: My mom's house.
MR. KRATZ: When looking at Exhibit 61, could you again point out the picture, or, excuse me, the window that you looked out and watched things from?
BOBBY DASSEY: It would be that window there.
MR. KRATZ: The left-most window on the trailer; is that correct?
BOBBY DASSEY: Yes.
MR. KRATZ: Exhibit 62 is the front of -- What is that?
BOBBY DASSEY: That would be Steven's car.
MR. KRATZ: What kind of car is that?
BOBBY DASSEY: Pontiac Grand Am.
MR. KRATZ: You mentioned that Steven had a truck, as well?
BOBBY DASSEY: Yes.
MR. KRATZ: We saw that in a previous picture; is that correct?
BOBBY DASSEY: Yes.
MR. KRATZ: This blue car, that Grand Am, is, obviously, a different vehicle. Did Steven drive this car?
BOBBY DASSEY: Yes.
MR. KRATZ: What is Exhibit 63?
BOBBY DASSEY: That would be the yard's flatbed, the salvage yard flatbed.
MR. KRATZ: What is a flatbed, for those of us, who don't know?
BOBBY DASSEY: For hauling cars, for picking up cars.
MR. STRANG: Your Honor, I would like to be heard briefly at side bar, if I may?
THE COURT: Very well.
(At which time a bench conference was held off the record, in low tones, between the Court and the attorneys, out of the hearing of everyone else in the courtroom.)
BY MR. KRATZ:
MR. KRATZ: What is the next picture of, in front of you, Exhibit 64?
BOBBY DASSEY: The would be my Grandma's golf golf.
MR. KRATZ: Your Grandma's what?
BOBBY DASSEY: Golf cart.
MR. KRATZ: And, again, on the large screen, that is a representation of the photo that is in front of you?
BOBBY DASSEY: Yes.
MR. KRATZ: Do you know where that golf cart was normally kept?
BOBBY DASSEY: In her garage.
MR. KRATZ: What is Exhibit 65?
BOBBY DASSEY: My mom's golf cart.
MR. KRATZ: Again, directing your attention to the large screen, where was that normally kept?
BOBBY DASSEY: Mostly outside.
MR. KRATZ: Outside of what?
BOBBY DASSEY: Our house.
MR. KRATZ: The next photo is Exhibit 66. Can you tell us what that is?
BOBBY DASSEY: That would be the car crusher.
MR. KRATZ: Where on the property was that located? Do you know?
BOBBY DASSEY: Down in the pit.
MR. KRATZ: What does "down in the pit" mean?
BOBBY DASSEY: It would actually be on the east Side of the pit, the far side.
MR. KRATZ: The east side of the property?
BOBBY DASSEY: Yes.
MR. KRATZ: Bobby, did you ever operate this piece of equipment?
BOBBY DASSEY: No.
MR. KRATZ: Okay. I think he have this on a couple of different angles, but can you tell us about Exhibit 67?
BOBBY DASSEY: Just the front view of the crusher, again.
MR. KRATZ: Actually, I am not even going to post these to the jury. Just tell me we what it is.
BOBBY DASSEY: Just a front view of the crusher.
MR. KRATZ: And 68?
BOBBY DASSEY: A back view of the crusher.
MR. KRATZ: And Exhibit 69?
BOBBY DASSEY: A picture of the whole background.
MR. KRATZ: Of the pit that you were talking about?
BOBBY DASSEY: Yes.
MR. KRATZ: Okay. I will show this one. Tell us what we are looking at here.
BOBBY DASSEY: There is the far east side of the property.
MR. KRATZ: Can you show us, with the laser pointer, the crusher please?
BOBBY DASSEY: The crusher is right there.
MR. KRATZ: Is there a body of water, or a pond, right there?
BOBBY DASSEY: Yes. That would be right around there.
MR. KRATZ: Now, do you know what is on the other side of that pond?
BOBBY DASSEY: Just an embankment.
MR. KRATZ: Are there vehicles on the other side?
BOBBY DASSEY: There is, a little lower, and there is the embankment.
MR. KRATZ: Could you show us that, with your laser pointer, what you are talking about?
BOBBY DASSEY: There is the embankment, and there is the road that runs on this side of the pond.
MR. KRATZ: Okay. What is Exhibit 70?
BOBBY DASSEY: Crushed cars.
MR. KRATZ: Had you seen any crushed cars on the property?
BOBBY DASSEY: No.
MR. KRATZ: You were not involved in the business at all?
BOBBY DASSEY: No.
MR. KRATZ: What is the next picture, number 71?
BOBBY DASSEY: A picture of tires.
MR. KRATZ: And what are picture 71, the tires, or where were they located?
BOBBY DASSEY: Just north of the crusher.
MR. KRATZ: What is Exhibit 72?
BOBBY DASSEY: A pile of tires.
MR. KRATZ: Do you know where those tires were located?
BOBBY DASSEY: That is just southwest of Steven's trailer, in the back corner.
MR. KRATZ: Exhibit 73, what is that?
BOBBY DASSEY: Just the Avery Salvage sign.
MR. KRATZ: Where was that sign located, now that the jury is seeing it on Exhibit 73?
BOBBY DASSEY: At the end of Avery's Road.
MR. KRATZ: What does Avery Road connect with?
BOBBY DASSEY: Highway 147.
MR. KRATZ: So, this sign, that is on Exhibit 73, would be at that intersection; is that correct?
BOBBY DASSEY: Yes.
MR. KRATZ: The next exhibit is Exhibit 74. What is that?
BOBBY DASSEY: Just an overview of the salvage yard.
MR. KRATZ: Can you describe that any further?
BOBBY DASSEY: Directly south from Steven's trailer.
MR. KRATZ: I think this will be the last picture I will show. There are some others up there.
THE COURT: All right.
BY MR. KRATZ:
MR. KRATZ: Exhibit 74, what are you looking at?
BOBBY DASSEY: This is maybe half of the salvage yard, with cars.
MR. KRATZ: Those vehicles are located throughout the salvage property?
BOBBY DASSEY: Yes.
MR. KRATZ: And, in fact, what is Exhibit 75?
BOBBY DASSEY: More pictures of cars in the junk yard.
MR. KRATZ: And Exhibit 76?
BOBBY DASSEY: Just another picture of an overview of the yard.
MR. KRATZ: And 77?
BOBBY DASSEY: The same thing, another picture of the overview.
MR. KRATZ: More junk cars?
BOBBY DASSEY: Yes.
MR. KRATZ: More junk cars? Finally, Exhibit 78, in front of you?
BOBBY DASSEY: More junk cars.
MR. KRATZ: With that, Judge, I will move admission of Exhibits 37 through 78, as identified by Mr. Dassey.
THE COURT: Mr. Strang?
MR. STRANG: Number 70, I think he said he has never seen these crushed cars before. So, I don't think that we even got to the relevancy of number 70. I think many of the others are cumulative. But as a practical matter, some of that we can address later. I don't have any questions about their authenticity.
THE COURT: All right. The Court will at this time allow all of the exhibits in, except for Exhibit 70, based upon laying a foundation.
THE COURT: Mr. Kratz, do you have any further questions for this witness?
MR. KRATZ: No, not at this time, Judge.
THE COURT: All right. Members of the jury, counsel and I have a few things to take up before we continue. So, we are going to take a break at this time, early for lunch, and resume at one o'clock. Again, I will remind you not to discuss the case in any fashion during the break.
(The jury left the courtroom. The following proceedings continued in the courtroom, outside of the presence of the jury.)
THE COURT: You may be seated. We are now outside of the presence of the jury. Mr. Strang, you requested a brief side bar during the witness! testimony. Did you wish to put that on the record?
MR. BUTING: Yes, I do. We had two photographs identified and published to the jury. These were, by my notes, numbers 22 and 63, in which obvious police crime-scene evidence yellow tape is wrapped around, first, what was identified as Mr. Avery's Grand Am, and, secondly, the witness identified a flatbed truck. The implication of the evidence tape, obviously, is that there is something of evidentiary value, inculpatory oresumably, eines the State is offering these, and it appears to be police tape.
That is an unfair implication as to both the Grand Am and the flatbed truck. I cannot imaging what the probative value of the photographs of these two vehicles is. In any event, certainly the State has photographs of the Grand Am, without evidence tape, or other suggestions there is something to be preserved, or something incriminating, or inculpatory, about it.
So, I think those ought not come in, for those reasons. That is a much longer version of what I said at the Side bar, but that was the issue I was raising at side bar, off the record, and [I will note that, although I am aware, under State versus Miniero, M-I-N-I-E-R-O, and other cases, the Appellate Courts of the State are not fond at all of off-the-record side bars, I'm the one who requested the side bar, and I knew that it would be off the record. So, I will try to make Clear, what I chink I said, and the side bar, then immediately, nas to. be on the record, but I appreciate the Court giving me a chance now to elaborate much further on the issue I raised in summary at side bar.
THE COURT: All right. I will Say the Court is aware, we have been admonished by the Appeals Courts to avoid side bars, whenever possible, and whenever one is held, to make a vecord of ie, a the remember to do that, as best I can,
Mr. Kratz, any response to the defense's concern about the two exhibits?
MR. KRATZ: Just briefly, Judge. Those items were, in fact, as soon as both of them were inspected, one of them, the blue Pontiac was processed, and the items therein tested by the Wisconsin State Crime Laboratory, and a DNA profile was developed from within, the fact that Steven Avery's blood is near the console of that vehicle, as well as in Ms. Halbach's vehicle, the State intends to include in evidence in this case.
Especially, if the defense intends to pursue their "planting of Mr. Avery's blood" evidence, and the Court, I'm Sure, on its own, can surmise the argument that the State may make, if, in fact, "planting evidence" is going to continue to be advanced in this case.
The negative evidence, that is, the lack of evidence in the flatbed, has Similar evidentiary value, and whether the State intends to argue directly the implication of negative evidence, or just the fact that the State looked, the fact that the State, in fact, did a thorough investigation, all has at least Some relevance in this case, and the showing of these two photographs are not, in and of themselves, prejudicial.
They will both be referred to later in this trial, and at this time I think it's proper for the Court to not reject or exclude those photographs as exhibits. Thank you.
THE COURT: All right. I'm Satisfied that, at least at this stage of the trial, both of the photos offered have at least the potential for probative value, for the reasons stated. Among other things, the thoroughness of the State's investigation can be put into play later in this case.
I do have one question, however. Does the State have photos of either the Pontiac Grand Am or the flatbed, that doesn't have evidence tape involved?
MR. KRATZ: I can check, Judge. TI don't know that we have the flatbed. The Grand Am, we may have photos at the crime lab, and that is something that I can certainly inquire into. But these were the first photos. TI don't know that evidence tape, in and of themselves, since the jury will hear they were processed, is anything prejudicial at all. But I will check for the Court.
THE COURT: All right. Let's have the parties report back at one o'clock. Then the first order of business will be hearing from the defense?
MR. STRANG: Yeah. I would like a little more time than one o'clock. If I could get 90 minutes, I think that would be enough.
THE COURT: All right. We will give you until 1:15.
MR. STRANG: Okay.
(After the noon recess, the following Proceedings resumed in the courtroom, sutsice of the presence of the jury.)