4.Bobby Dassey Witness-Contact Order
15 linesMR. STRANG: I understand the Court's rulings. Those are three choices that present some complicated weighing for us to do. I guess, as a first step, what I would like to do is have 30 minutes, or something, to talk with Mr. Buting about that.
And I would like at this point the Court to, until Mr. Dassey has completed whatever testimony he is going to give in this case, I would like the Court to order that the State, and any agent of the State, including members of the Calumet County Sheriff's Department, or either of the two lead investigators, or anyone acting on their behalf, not discuss with Bobby Dassey any aspect of his testimony, have no contact with him about his testimony actually given already, or anticipated further, on direct or cross examination.
So, in other words, I would like him sequestered. That agents of the State would include the District Attorney's office, anyone involved on the prosecution's side of the case, or acting at the prosecution's direction, and I also will not talk to Mr. Dassey either, without approaching the Court, and telling the Court and counsel that we intend, or we are asking to be able to interview him, while his testimony is ongoing, in the sense that he has not been released from his appearance here.
But I would like to, at a minimum, to "freeze the frame", so to speak, where it is, and to Start with, like I said, I think 30 minutes for Mr. Buting and I to talk about which, of the three options the Court has afforded us immediately, we best should choose in representing Steven Avery.
THE COURT: Mr. Kratz?
MR. KRATZ: I do have a Suggestion, Judge. My direct examination of Bobby, as the Court may have already predicted, will be concluded with Bobby identifying the balance of the photos that are in front of him. I don't intend to ask him any other questions. That seems to be seamless enough that it would allow Mr. Strang an opportunity over the lunch hour.
perhaps the Court could even grant a little extension over the lunch hour for the defense to discuss their strategy, so the jury could at least hear the rest of the direct testimony, which is just the identification of the other photographs and exhibits. I think that would be fair for Mr. Strang, to give him an opportunity to discuss that.
MR. STRANG: Well, if it's really just finishing identifying the photographs, and there is no summary or windup at the end, then that is a reasonable suggestion. I think we could, if I could get 90 minutes for lunch today, Mr. Buting and I could incorporate the discussion, I'm suggesting we need to have, over the lunch hour. So, I don't have any quarrel, if I understand Bobby Dassey really does end on direct examination, when the last photograph is identified and explained.
MR. KRATZ: Counsel has just reminded me, Judge, that if, during the course of Bobby's identification of some photographs, he says something, I may ask a clarifying question. That may raise some areas of inquiry.
So, although my intent is to ask about these photographs, and what is depicted in them, it's possible that it could go into other areas of information, on the property and the like. But I don't envision, certainly don't envision revisiting this "statement issue". But I was just trying to come up with a suggestion that could at least complete the direct examination before lunch.
MR. STRANG: Perhaps it would be useful to know, your Honor, how many photographs we have left to go, and about what time the prosecution expects its continued direct examination will consume.
THE COURT: Mr. Kratz?
MR. KRATZ: I think we have 20 pictures left, Judge. I think the questions will be what you heard so far, is what we are looking at.
THE COURT: Why don't we finish up on that and take a lunch break at that point?
MR. STRANG: And I do I think I would like a ruling about -- I know I would like a ruling on my request that Mr. Dassey, at this point, until a further order of the Court, not be questioned in any way by any agent of the State.
He will have to have some incidental contact with Julie Leverenz, who is the Victim-Witness Coordinator from the Calumet County District Attorney's Office. I odn't have any practical objection to that, "When does he need to back?", or whatever.
THE COURT: Any objection from the State?
MR. KRATZ: No.
THE COURT: All right. The Court will order that no attorney or representative of either side have any contact with Mr. Dassey until his testimony is completed. And the Victim-Witness Coordinator is not to discuss any aspect of his testimony with him. With that, I believe we can bring the jury back in and complete the direct examination of Mr. Dassey.
MR. KRATZ: The record should reflect that I have instructed the Victim-Witness Coordinator as to what to do.
THE COURT: Thank you.