7.Timothy Austin — Direct/Cross
469 linesMR. KRATZ: We will call Trooper Tim Austin at this time.
TIMOTHY AUSTIN, being first duly sworn on oath to tell the truth, the whole truth, and nothing but the truth, testified as follows:
COURT CLERK: State your full name and spell your last name please.
TIMOTHY AUSTIN: My name is Timothy Austin, A-U-S-T-I-N.
DIRECT EXAMINATION BY MR. KRATZ:
MR. KRATZ: Mr. Austin, how are you employed?
TIMOTHY AUSTIN: I am employed as a trooper with the Wisconsin State Patrol. I'm assigned to the Wisconsin State Patrol Academy, to the Technical Reconstruction Unit.
MR. KRATZ: Can you tell us what the Technical Reconstruction Unit is?
TIMOTHY AUSTIN: The Technical Reconstruction Unit is a Specialized unit, if you will, of persons that work with crash reconstructions and crime scene reconstructions for the Division of the State Patrol,
MR. KRATZ: Could you briefly set forth your education, training, and experience in the areas of scene modeling?
TIMOTHY AUSTIN: Yes, sir. TI have been trained and certified as an instructor in the field of forensic diagramming, which includes the use of computer-aided drafting or drawing software, and a Geodimeter, which is, basically, an electronic Surveying device for collecting measurements.
MR. KRATZ: Now, Trooper Austin, we will be referring to the large screen here in the courtroom. This is what is known as a "power point presentation", or PC Presentation software. Could you, first of all, just tell the jury what we will be looking at during your testimony, and how this was created?
TIMOTHY AUSTIN: Yes. To assist with my testimony, under the direction of Mr, Kratz, I created a power point Presentation. What you will see is a series of slides that will help to bring us through the forensic mapping project that I did in this particular case. You will see some images in two dimensions, and some three-dimensional computer scenes that I generated.
MR. KRATZ: All right. What is forensic mapping?
TIMOTHY AUSTIN: Forensic mapping is the science, if you will, of collecting measurements at a crash or crime scene, and then putting them together later, in either a two-dimensional diagram or three-dimensional models, Such was my objective in this particular case, to collect measurements at the given property, and later to bring those measurements into the office to create two-dimensional diagrams and some three-dimensional models.
MR. KRATZ: Specifically, Trooper Austin, on November fifth of 2005, were you asked to proceed to, and did you, in fact, proceed to a Property known as the Avery Salvage Yard?
TIMOTHY AUSTIN: Yes. On November fifth of 2005, I was requested by local law enforcement to go to the Avery Property in Manitowoc County for the Purpose of forensic mapping.
MR. KRATZ: How long were you at that property?
TIMOTHY AUSTIN: The forensic mapping activities went from November fifth through November twelfth of that year.
MR. KRATZ: You mentioned, I think, earlier that this forensic mapping process requires the taking of OO measurements. Can you describe that process, and how many measurements were involved?
TIMOTHY AUSTIN: Yes. As I said before, we utilized an electronic measuring device, in addition to recording some measurements by hand, with tape measures, if you will. But the bulk of the measurements were taken using an electronic device known as the Geodimeter, G-E-O-D-I-M-E-T-E-R, or the total station. In total, we documented over 4100 measurements at the Avery property.
MR. KRATZ: Tell us about the "total station" process please?
TIMOTHY AUSTIN: Certainly. The total Station, as I said before, is an electronic device composed of an electronic distance measuring system, which essentially measures distance, distance from the total station to a given evidentiary point. It also has a theodolite, which measures angles. It also has a data collector and a prism.
MR. KRATZ: Just for the record, and for the reporter's benefit, a hard copy of this will be provided for the spellings of everything you said. This is a picture of the Geodimeter; is that correct?
TIMOTHY AUSTIN: Yes.
MR. KRATZ: And those other devices that are used to create these measurements are included within the total Station package itself; is that correct?
TIMOTHY AUSTIN: Yes, that is correct. Hence, the name, "total station", It measures not just angles. Like a transit would, it also measures distance, and that is because we have a Theodolite and a distance measuring system in there. We have a total package, or, hence, a "total station",
MR. KRATZ: I'm sure Mr. Platkowski would like you to slow down just a little more. That would be terrific. Can you tell us about the information storage and retrieval?
TIMOTHY AUSTIN: Certainly. Again, what the total station does is measures the distance and angles to a particular location. For example, if I were measuring an item of evidentiary value where Mr. Kratz is, I would ask him to hold the prism over that item of evidentiary value. The total station would recognize the angle to Mr. Kratz, both horizontally and vertically. It would then measure the distance. What it will document is that particular point's location in 3-p space. In other words, along an A-axis, a Y-axis, and a Z-axis, based on where the total station is located. If there is another point on the other side of the courtroom, it would do the same thing, distance and angle to that particular soint. th stores that data in an on-board data collector, which you see in the lower pictures.
MR. KRATZ: Is that basically a computer?
TIMOTHY AUSTIN: Yes, it is, and it does convert these horizontal and vertical angles to xX, Y, and Z coordinates, for later retrieval.
MR. KRATZ: All right. Let's talk about the total station's accuracy. Can you tell the jury: Just how accurate is this process?
TIMOTHY AUSTIN: This particular total Station has a maximum angular error or induced error from instruments of three seconds. So, what that means, as I said before, it measures in angles. If I take a circle, that circle is divided into 360 degrees. Each degree is divided into 60 minutes. Bach minute is divided into 60 seconds. So, this particular instrument is accurate to within three of those seconds.
Mr. Kratz, at this particular scene, the longest shot distance was about 1200 feet. If I Calculate it out mathematically, that means our maximum error induced by the instrument is less than a half inch.
MR. KRATZ: All right. Let's talk about the location, the Avery salvage property itself. I have put your next slide on the screen, and feel free to use the laser pointer, or whatever you may need, to explain or describe for this jury please the Mapping locations?
TIMOTHY AUSTIN: In this slide I put an aerial photograph of the Avery property. The purpose of this was to show that we had actually forensically mapped out this entire location. That is, everything that you see here on the screen was mapped out, using that Geodimeter total station.
This second slide, Mr. Kratz, shows us a different view, another aerial photograph of the Same property. This time we have changed it, so north is to the left side of the screen, and in the box is where it shows the Avery salvage property. That map was created, and I put this slide up because, in addition to mapping the Avery salvage property, we also completed some forensic mapping at what is best described as the "deer camp".
I was not privy as to who owns the deer camp. I know it's an unrelated person. We did forensic mapping at this location too, and also a cul-de-sac at the end of Kuss Road. The areas we mapped were somewhat considerable in terms of geographic location, if you will.
MR. KRATZ: Are you familiar with a term called "CAD" drawing?
TIMOTHY AUSTIN: Yes, sir.
MR. KRATZ: From a two-dimensional stand point, describe that for the jury please?
TIMOTHY AUSTIN: What Mr. Kratz is referring to as "CAD", is "computer-aided drawing". In addition, we are doing all of our diagraming on the computer, and we refer to two-dimensional drawings. What that is is an orthogonal view, meaning looking from the top Straight down. That is how most of the Avery property was diagramed, so that when you <o0k at the computer drawing, it's essentially as if you were way above that scene, looking straight down at it.
What that allows you to do is take specific locations and "zoom in on it", if you will, to look at those locations in detail.
MR. KRATZ: Let's look at some of the two-dimensional drawings. What are we looking at now?
MR. KRATZ: By the way, Judge, I will, as we go through this, I will refer to the hard copy. This will be the bottom of page 7, just so the record is clear, as this witness testifies.
BY MR. KRATZ:
MR. KRATZ: Go ahead, Mr. Austin.
TIMOTHY AUSTIN: What we are looking at here is that two-dimensional CAD drawing that was created, showing the Avery property that we saw in the aerial photographs, and, again, we have the ability to zoom in on specific areas, if we wanted to see the details of a different location in that entire over-all salvage property.
MR. KRATZ: Were you able, with your total station measuring, are you able to tell the jury the perimeter, if you will, in distances?
TIMOTHY AUSTIN: Yes. Not directly with the total Station, Mr. Kratz. However, once we bring it into the computer environment, we can take measurements to be able to determine the extent of that. In this case here, I want to say the "rough measurements", because the property is not perfectly square. But north and south, the measurement is approximately 1260 feet, and east and west, the measurement is approximately 1300 feet. That comes out to be just under 40 acres.
MR. KRATZ: All right. Let's talk about some of the two-dimensional views that you created then. This image, again, which would be on the bottom of page 8, is the entire Avery property; is that correct?
TIMOTHY AUSTIN: Yes, sir. And I will put this image back in here again to show you that we're going to zoom in, if you will, on certain sections on those two-dimensional diagrams. So, with this portion of that drawing, we are now going to look at the two-dimensional drawing, which shows the northeastern corner of the property. In that northeastern corner of the property are the business buildings, if you will, for the Avery Salvage Yard.
What we are looking at here, sir, there are blue-colored buildings down here, is the main business or main shop. There are also some other Storage locations. This would be private residences located here.
MR. KRATZ: Were you also asked to do a two-dimensional view of where Theresa Halbach's vehicle was located?
TIMOTHY AUSTIN: Yes. The scene we were just at, was at the northeastern corner. We are now going to go down, where you see a yellow box, to the southeastern corner of the property. The very first night of forensic mapping, the RAV-4 was there. Therefore, we did, forensically, map its location, and a two-dimensional diagram was generated, and we can zoom in on that area on the two-dimensional diagram, to see that location.
MR. KRATZ: Then on the top of page ll now, the screen that the jury is viewing, why don't you tell us what we are looking at?
TIMOTHY AUSTIN: What we are looking at here are details of that southeastern corner of the property, and what we see nere is the RAV-4, that Mr. Kratz has asked me about, positioned here. Now, we did, actually, using the total Station, locate pieces of vood ox other debris that was leaning up against or on top of the vehicle. That is why you see, in this two-dimensional drawing, there are some items on that view of the car.
MR. KRATZ: Were you asked to determine the location and the distance between the RAV-4 and a fixed object which is known as a "car crusher"?
TIMOTHY AUSTIN: Yes. To assist with that, I will put the aerial photo back on, to, again, show that. The RAV-4 was located down there in this location, and the vehicle crusher is located where you now see the yellow square. If you look at the CAD drawing of this, we can see where the vehicle crusher is related to the position of the RAV-4, Now, if I take a direct, "as the crow flies", measurement, if you will, from the RAV-4 straight across, and there is a pond area here, but straight across to the vehicle crusher is about 380 feet away.
MR. KRATZ: Again, for the jury, when you say about 380 feet away, you can actually tell them within a half inch how far away that is, can't you?
TIMOTHY AUSTIN: If you were to ask me, Mr. Kratz, specific locations, Say this spot on the RAV-4 to this spot on the crusher, we could get very accurate. [I rounded this off to the nearest foot, just because I'm taking an approximate position sn che Raya o. an arbitrary position on the vehicle crusher.
MR. KRATZ: Were you also asked to do two-dimensional views of the area closer to Steven Avery's residence itself?
TIMOTHY AUSTIN: Yes, sir. Mr, Kratz, if we move from the vehicle Crusher here to the northwestern area of che entunce yard, there are two private residences in that area, one belonging to Mr, Avery, and we Can, again, on the two-dimensional drawings, zoom in, if you will, on this location to view a scaled scenic representation of that area.
MR. KRATZ: On the top of page 14 then is our first two-dimensional view. Why don't you show us what you are looking at?
TIMOTHY AUSTIN: Again, the northwestern portion of that property, what we are seeing here is a private residence. This would be Mr. Avery's residence. There is a garage next to it, and a little further east is another private residence and garage.
MR. KRATZ: I think you may have testified, just in passing, but so the jury understands, were you personally involved in taking all of these measurements?
TIMOTHY AUSTIN: Yes, sir.
MR. KRATZ: How many measurements did you take?
TIMOTHY AUSTIN: For the Avery Salvage Property, there are over 4100 measurements that were documented.
MR. KRATZ: How long were you there? How many days?
TIMOTHY AUSTIN: It would be November fifth through the twelfth, about a week. This slide, Mr, Kratz, shows that two-dimensional CAD drawing of the Avery salvage yard, and I have highlighted or labeled, if you will, these areas that we just saw details of, the location of the RAV-4 in the southeastern corner, the vehicle Crusher, the business office we saw first in the northeastern corner, and in the northwest, this is Mr. Avery's residence.
MR. KRATZ: Were you asked to determine some distances for us?
TIMOTHY AUSTIN: Yes, I was asked to determine some general distances. Again, as we saw earlier, these are point-to-point measurements. They do not account for the fact that we could not really walk from the business office to the RAV-4. There are some obstructions in here. But if you took a direct measurement, you would see it's about almost 1100 feet from the RAV-4 to the business office.
MR. KRATZ: I will just move forward a couple of slides, because the last Slide, the slide on the bottom of page 16, shows all of those measurements. Why don't you go head, Mr. Austin, and tell us what all of those measurements are?
TIMOTHY AUSTIN: Yes, sir. The other measurements I added on here, like the distance from the RAV-4 to Mr. Avery's residence, again straight across the property, is approximately 1480 feet. The distance back from Mr. Avery's residence to the business office is about 1100 feet.
For the final measurement, what I did is take the "driving distance", if you would, if we were to go from Mr. Avery's residence, drive around, and come around from the eastern portion of the Property, down to the RAV-4 location, would be about 2600 feet of distance.
I have to add, Mr. Kratz, this doesn't account for changes in "grade". In other words, the Avery property is not just a flat surface. There are some elevations in there. That doesn't account for traveling down a hill, or traveling up a hill. So, the actual distance might be Slightly greater than 2600 feet.
MR. KRATZ: How far is that in miles?
TIMOTHY AUSTIN: Well, a mile is 5,280 feet, so this would be close to a half mile.
MR. KRATZ: Now, these two-dimensional views, the charts or the diagrams, if you will, have been used in trials. But are you able, with this software, are you able, with your training and experience, to convert these measurements, and to convert these two-dimensional images into more three-dimensional scenes or models?
TIMOTHY AUSTIN: Yes. As I mentioned before, the total Station actually records measurements in 3-D space, that is not just our flat X and Y axis, but also a Z axis, up and down, so we can come up with the elevations, or the height of specific objects, which was done in this case using a different software package.
MR. KRATZ: Let's talk about that software,
TIMOTHY AUSTIN: The software package utilized is known as Forensic 3-D. It's a computer-aided drawing program. It's powered by a CAD engine called Rhinoceros. It's typically used in the marine industry, and the jewelry-design industry.
What this does is allows a user to actually draw in 3-D space. With the three-dimensional drawings, it allows us to better understand, as I wrote up here, the Spacial and geometrical relationships between objects. In other words, we are not just looking Straight down, and it's something where we can examine another vantage point Or perspective.
MR. KRATZ: So the jury understands, eventually where we are going, I know I'm fast-forwarding, and we will get there, but will this allow us to go through an animation, to actually do a tour or walk-through of various locations?
TIMOTHY AUSTIN: Yes. As we work our way through enough of the Slides I have here, we will eventually get to using the software to create an animation or walk-through, if you will, of the physical scene.
MR. KRATZ: All right. Let's talk about assigning texture maps?
TIMOTHY AUSTIN: With the software package, the user utilizes a process called texture mapping to create a drawing like the one you see here. What that means is, if I create a three-dimensional model from this software, I can apply a texture to that, to make it more realistic looking, if you will.
In this case, for example, what was done is a photograph was taken of the Siding of Mr. Avery's residence. Using that photograph of the Siding, it waS pasted onto a three-dimensional model, so that actual siding is what you see in this model that was rendered.
Now, when we look at things such as grass or wood, that was taken from a personal library that I had, if you will. That way, I can make something look similar to grass or look similar to wood. But there are certain aspects of this property that the texture mapping was done by using the actual photographs that we had of the siding of the residence, the Siding of the garage, the floor in the bathroom, and the floor in the bedroom.
MR. KRATZ: All right. What areas were you asked to do three-dimensional modeling in?
TIMOTHY AUSTIN: Although the entire Property, again, was forensically mapped, the three-dimensional modeling was done in the nortnwestern area, as that area is the area of the two residences that we have discussed earlier.
MR. KRATZ: The first scene model is from the bottom of page 19. Why don't you walk us through this briefly?
TIMOTHY AUSTIN: What we are looking at here is an overview of the entire area that was done in three dimensions. For what we are seeing here, north would be to the bottom of the image. In other words, we are looking to the south, and on the right-hand side we see Mr. Avery's residence. We see the garage next to that, and we have to talk about these other residences too, private residences here, and then the garage and the vehicles and the other items that were in place when the forensic mapping was completed.
MR. KRATZ: You talked about Mr. Avery's residence, and I think you also mentioned this residence. Do you know what that is?
TIMOTHY AUSTIN: This residence that we are seeing on the left side of the screen, which would be to the east, is the residence of, I believe, Barb Janda, and Mr. Dassey. Here we have that previous Slide that we showed, with a box around that, and next we have essentially zoomed in, if you will, or moved Closer, to get a Close-up view of that Janda-Dassey residence.
MR. KRATZ: Is this view the front of that residence?
TIMOTHY AUSTIN: Yes. This would be the front of that residence. Again, we are at "north", looking south. What is nice about using the forensic or three-dimensional models here, we can actually take that and go around to view the back side. We are not limited just to certain views of this location.
MR. KRATZ: Let me ask you, Trooper Austin, the advantage, recognizing it's not a photograph, but is the advantage of incident scene mapping that it does allow perspective, or views, that perhaps the naked eye can't see?
TIMOTHY AUSTIN: Yes. The first part of the question is very important. These are not photographs. These are again, scene models that were created and compiled based on the measurements taken at the scene. But where they are advantageous, we can change the views and change the perspective.
This one, for example, I don't know how high up the camera is in the air, probably somewhere around 50 to 75 feet. But, obviously, it's not a view that I could take or obtain from being out there at the scene.
MR. KRATZ: What are we looking at now?
TIMOTHY AUSTIN: As I stated before, with these models, we can actually change our location to gain a different perspective. In this case, we moved behind the Janda-Dassey residence just to get a good look at the back side of that house, to see the geometric relationships of objects there.
MR. KRATZ: We are talking about the Janda property. Were you also asked to do a scene model for the Avery property, and what is called the curtilage, the area around it, as well?
TIMOTHY AUSTIN: Yes. Just as we did with the Janda Property, we can do the same thing with the Mr. Avery's residence, over on the west side. What you are seeing here is another view of the larger model, where we are zooming in on Mr. Avery's residence. Just as we did previously, we can move around to the back Side, to view the spacial relationships there. SO, again, the advantage is that we can take any particular view or perspective we want, to look at it, and see that, using the three-dimensional models.
MR. KRATZ: Now, these are exterior views, that is, on the outside of the Property. Were you asked to, in effect, do the same process inside of the buildings?
TIMOTHY AUSTIN: Yes, that is correct. Exterior models were created of Mr. Avery's residence and the garage next to it. It's the same process that I did for the exteriors. Most of the measurements that we talked about were taken inside the residence. What I can do with this software is actually go in closer on that residence, fade in or out, or remove the roof, so that we can see all of the various rooms inside the residence. Again, it's a view that we could not have through normal photographs of the buildings.
MR. KRATZ: At the bottom of page 24, the first interior scene model, why don't you tell us what we are looking at?
TIMOTHY AUSTIN: This particular model shows Mr. Avery's residence, and, again, what we have done here, the roof was hidden, which allows us to gain a perspective of how the house is laid out, where these various rooms are in relationship to each other, and where some of the main pieces of furniture that were measured are located.
MR. KRATZ: Are you able, and can you, in fact, take specific rooms and give us better views of a particular room?
TIMOTHY AUSTIN: Yes. Actually all of the rooms to the one side I had originally created images showing the interiors of the rooms. For example, in this case, we can look at the back bedroom, which you can see outlined here in yellow. We can zoom in closer from another angle to gain a perspective of how that particular room is laid out.
MR. KRATZ: What I'm showing you is the bottom of page 25, Is that the layout, or more details of the images of Mr. Avery's master bedroom, or what you called the back bedroom?
TIMOTHY AUSTIN: Yes. However, I wouldn't say "more details" because it's the same model that we saw before. All we have done is changed our perspective, moved a little Closer, to see the objects that were placed in the room. It's not necessarily any more detailed. It's just that we have moved to a new perspective. We Can now see the spacial relationships of the objects in that location.
MR. KRATZ: You said you were asked to do the same interior modeling with the garage? Can you tell us about that?
TIMOTHY AUSTIN: Yes, sir. The exact same Process was utilized with the garage. However, these measurements here were also documented using that total station, and when this was mapped, we picked out the main or the larger items that were in the garage to place them into the model, and what you are seeing here is an overview of the garage with the roof removed, so we can see what is in that garage.
MR. KRATZ: On March first and second of 2006, additional information was brought to your attention, and the Prosecution then, that is, myself, Mr. Gahn, and Mr. Fallon, asked you to include or create some additional images; is that correct?
TIMOTHY AUSTIN: Yes, that is correct, Mr. Kratz. Additional measurements were recorded by other law enforcement officers in March of 2006, and I was asked to include two of those evidentiary items in the scale model, and those items were denoted by what is described as being "evidence markers",
SO, to help show those locations, using their measurements, I placed the svidence navkere in the model, so that we can see where the items were positioned.
MR. KRATZ: Now, so that the jury understands the later use of these in the coming weeks, this image we are looking at, from the bottom of page 27, although not a photograph, does provide, again, a perspective that the naked eye cannot see; is that correct?
TIMOTHY AUSTIN: That's correct, Mr. Kratz, because, if you recall, a few slides ago, as you showed what was in the garage, there was a Suzuki Samurai in this position, and in the middle there is a Snowmobile in this particular view. That Suzuki Samurai and the Snowmobile were removed. That was done by me with the intention of being better able to view the locations of these items of evidentiary value.
In addition, we see one marked as 23A. Previous to this slide, there was an air compressor over that particular location. To help to be able to see that location better, I hid or "turned off", if you will, that air COMpressor, so you don't see it in this particular view.
MR. KRATZ: Now, you have made a point before to distinguish between these models and photography. Your next slide attempts to describe that distinction a little bit further. Why don't you go ahead and do that?
TIMOTHY AUSTIN: Yes. Again, as in the Previous question from Mr. Kratz, he asked me if these were photographs. They are not photographs. They should not be taken as being photographs. What they are, are three-dimensional models.
All that a photograph is going to show you 1s the scene as it was observed when the oicture was taken. In the models, what you are seeing is a scaled geometric perspective, where we can remove the roof. We can hide the air compressor, or gain different views to better see particular items.
MR. KRATZ: All right. The next area I would like you to discuss is an area behind the garage of Mr. Avery's. Were you asked to provide some modeling of that?
TIMOTHY AUSTIN: Yes. As we did with the two houses, we can take a particular area. In this case, you see, again, a yellow box showing an area behind the garage. We can, essentially, zoom in, or Change our perspective to see what some of the items are behind that garage.
MR. KRATZ: Again, this is an image, which is at the bottom of page 29. Do those include observations not only that you made, but measurements that you were involved in taking sometime between the fifth and the twelfth of November?
TIMOTHY AUSTIN: Yes. This particular slide shows some items behind Mr. Avery's garage, that were based on measurements that were recorded by me or other observations.
MR. KRATZ: Now, you said we were able to kind of shift things around to get different perspectives, and the top of page 30 and 31 are examples of that; is that correct?
TIMOTHY AUSTIN: Yes. What we have done is essentially stayed in the Same area, but we have shifted our "camera", if you will, or our position, so you can gain another perspective, or another view of the items located behind the garage.
MR. KRATZ: Were you asked, Mr. Austin, to provide the jury with some perspective between the areas behind Mr. Avery's garage and some of the back yard areas of the Janda property?
TIMOTHY AUSTIN: Yes, I actually moved over the location from that area about behind the garage to this area behind the Janda-Dassey residence. Again, it was the same thing we have seen before. We can shift our perspective, and our view, to show this location behind that particular residence. This view here is one that is an elevated view, looking to the -- This would be the northwest, and we see not just the area behind the Janda-Dassey Property, but also Mr. Avery's residence, further into the image.
MR. KRATZ: Once again, were you asked to create the same separate angle, if you will, or separate perspective about what would be the north of Mr. Avery's property?
TIMOTHY AUSTIN: Yes. If I move our focal point, if you will, to this particular location, that is being shown on this screen, we can gain yet another perspective showing the northern areas, if you will, the areas in front of Mr, Avery's residence,
MR. KRATZ: Can you show us -- This is the top of page 33. What are we looxing at here?
TIMOTHY AUSTIN: What you are looking at is the view looking from the
north to the Southwest, and we see Mr. Avery's residence here, and the garage that we looked at previously. Up, from the main portion of the image,
we are seeing a Dodge Caravan, and there was also a burn barrel positioned over here.
MR. KRATZ: Finally, Trooper Austin, were you asked to provide some additional measurements in this Quadrant, or this area of the property?
TIMOTHY AUSTIN: Yes. I was asked to provide some measurements to gain an understanding of the distances here. What you are seeing in this view is that three-dimensional model, but we are looking straight down on it. Again, the original view is very Similar to the two-dimensional drawings we saw previously.
But this helps us to better show the measurements, and the measurements that we have in here also is the distance from the main entrance of Mr. Avery's residence to the burn barrel. That is approximately 106 feet, and the measurements taken from the burn area behind the garage to some burn barrels behind the Janda-Dassey residence were a distance of about 236 feet.
MR. KRATZ: It's your understanding, or at least your directions came from the prosecution, to explain or to indicate those measurements for the jury on this diagram; is that correct?
TIMOTHY AUSTIN: Yes, that's correct.
MR. KRATZ: The last area of inquiry, Mr. Austin, has to do with skeletal models. Although they are Clearly not within your area of expertise, and you will not be testifying about these models, would you tell the jury at least what you were asked to do and how this May come into play later in this trial?
TIMOTHY AUSTIN: I was asked to assist the forensic anthropologist, Dr. Leslie Eisenberg, in the creation of models of a human skeleton, to help identify the location of various bones. Now, to accomplish this, I met with Dr. Eisenberg, and worked with her, directly under her supervision, to create the models as to these bone locations.
The initial skeletal model I obtained from the FBI in Quantico, Virginia. I took that model's texture, and as I said before, with the Property, I made it look more of a bony texture, if you will, and under Dr. Eisenberg's Supervision, again, I created various models showing that human skeleton, and I saw some of the bones on it.
(Plaintiff's Exhibits 91 through 116 marked for identification.)
MR. KRATZ: Trooper Austin, as I have asked you before, and with the witnesses that will come after you, that are going to be using your animation, or, excuse me, your skeletal and scene models, have you been asked to create 4 by 6 prints of the models?
TIMOTHY AUSTIN: Yes, I was asked to create that for most of the images that we saw on the power point, to create 4 by 6 prints of these renditions; yes.
MR. KRATZ: The first image that I have for you is, I think, Exhibit 91; is that correct?
TIMOTHY AUSTIN: Yes, sir.
MR. KRATZ: And it goes through image, or, excuse me, Exhibit 116?
TIMOTHY AUSTIN: Yes, sir.
MR. KRATZ: Exhibit 91, if you can just take a moment, through Exhibit 116, are those the scene model images, both being included in your power point, and that you created as part of this total station project?
TIMOTHY AUSTIN: Yes, sir, with the exception of, there are several aerial photographs that were utilized in my initial report that are shown here. Those are not scene models. They are photographs taken from aircraft,
MR. KRATZ: Those are actually identical to some that were already received from other law enforcement? Is that your understanding?
TIMOTHY AUSTIN: Yes, sir.
MR. KRATZ: I would move admission of Exhibits 91 through 116.
MR. STRANG: No objection.
THE COURT: Those exhibits are admitted.
BY MR. KRATZ:
MR. KRATZ: Then, Trooper Austin, we are going to move on to your animation. That is the culmination of all of these scene models. Tell the jury please how this animation was created?
TIMOTHY AUSTIN: The intention here was to create an overview or a walk-through of the scene from the models that we Saw previously. Now, to create motion, what we have is a series of these images. In fact, it shows 30 of them per second to show or to make it appear as if we're moving through that scene. To create the animation, that I believe we're about to see, over 5,250 pictures were brought together at 30 per second to move us through the location in question. I saved these and made a DVD, which was turned over to Mr. Kratz.
(Plaintiff's Exhibit 117 marked for identification.)
MR. KRATZ: What we are going to show then, Trooper Austin, is Exhibit Number 117, which I believe is the animation that you are referring to. I would ask that during the Presentation of this animation that you not interrupt, that you remain silent, and I will ask you just a few follow-up questions after that?
TIMOTHY AUSTIN: I understand.
MR. KRATZ: If fT may, Judge, the only thing left in my direct examination was the playing of the animation.
(The animation CD was attempted to be played, but the equipment did not work Properly, and the CD was not able to be shown. )
MR. KRATZ: It appears that it won't play on this laptop. With my apologies to Mr. Strang, if he could begin his cross examination. Then if b could play it at the end, I would appreciate that. Otherwise, I have no further questions of this witness.
THE COURT: Mr, Strang, are you in agreement with that procedure?
MR. BUTING: Why are we playing the animation at all?
THE COURT: Mr, Kratz, is that something that the State intends to use later in the trial? SO, you need some foundation, to get it accepted?
MR. KRATZ: This is actually, Judge, to assist the jury in understanding the relationship of these objects. Tf did intend to play it now. If you want to take just a couple of minutes for a break, we can certainly have that set up, and I can play it now.
MR. STRANG: I don't ming Starting my cross. I think we will see the animation later. We have had the foundation for it. I don't know that we need to play it now. I can begin my cross,
THE COURT: Very well.
CROSS EXAMINATION BY MR. STRANG:
MR. STRANG: Good afternoon.
TIMOTHY AUSTIN: Good afternoon, sir.
MR. STRANG: I will turn my "mike" on. How is that? All right. So, on November 5 you get to the Avery Salvage Yard; right?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: And one of the first orders of business is to map the area around the Toyota RAV-4?
TIMOTHY AUSTIN: The first place we mapped was around the RAV-4,
MR. STRANG: All right. That involved taking the little prism, and going up, and putting that on or over certain objects around the Toyota?
TIMOTHY AUSTIN: Yes, sir. Yes, that's correct.
MR. STRANG: Did it also involve putting the little prism, sometimes Sticking it in a certain area on the Toyota, or over it directly?
TIMOTHY AUSTIN: Over it directly. Not directly on that particular item.
MR. STRANG: Okay. And then somebody else stood Somewhere else with the "total Station", as you call it, and it Shined the little laser and bounced it back to the prism; is that correct?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And so this was a two-person process?
TIMOTHY AUSTIN: Yes, it is a two-man operation.
MR. STRANG: And you took a number of measurements around the Toyota?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And objects around it?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Then a number of measurements of the Toyota itself?
TIMOTHY AUSTIN: The Toyota itself, we would have had four measurements,
MR. STRANG: Just the four corners?
TIMOTHY AUSTIN: No, when we map the location of vehicles, we utilize the position of the wheels. We can get data showing us later the exact size of a particular vehicle, for axle 1 and axle 2,
MR. STRANG: Okay. Then what you do is you later give the computer some information about the model of the vehicle?
TIMOTHY AUSTIN: No, I will look up that elsewhere, to get the dimensions. I will use the dimensions to draw the vehicle. [I don't tell the computer, "It's this particular vehicle", and it draws it, I have to do a little research to get some information about it,
MR. STRANG: Then the computer fills in a "Toyota", in effect?
TIMOTHY AUSTIN: Either I draw that, or I use an existing Toyota, and specify which items to fill in. There is a lot more manual work than there is that the computer does by itself.
MR. STRANG: All right. The point is, what you are doing here is, you have already said this, but let's explore it a little bit. There is no camera involved in any of this; correct?
MR. STRANG: Not an old-fashioned Camera, Or a digital camera?
TIMOTHY AUSTIN: No camera.
MR. STRANG: There are a couple of prisms and a laser?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And you have a computer that calculates angles and distances?
TIMOTHY AUSTIN: The total station does that.
MR. STRANG: Then at your desk top, you probably have a laptop computer, Something sort of like this; right?
TIMOTHY AUSTIN: Yes, I use a computer.
MR. STRANG: And you can open various files, and the computer allows you to add a color?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And a texture?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And to pick standard Sorts of objects that might be included?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Like a tree?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Your computer even has a little file you can open up and pick the type of tree you want?
TIMOTHY AUSTIN: That's correct.
MR. STRANG: Whether it has leaves, or does not have leaves?
TIMOTHY AUSTIN: I can pick the global season, yes,
MR. STRANG: You can turn the sun on? Oo
TIMOTHY AUSTIN: That's correct, I can.
MR. STRANG: You can turn the sun off?
TIMOTHY AUSTIN: Yes.
MR. STRANG: If you want to put the sun in the northern sky, on November 5, or the northern hemisphere, you can do that?
TIMOTHY AUSTIN: Yes, I could.
MR. STRANG: You could put it in the eastern Sky, if that is where you felt like putting it?
TIMOTHY AUSTIN: Yes.
MR. STRANG: You could have the sun rise in the west, if that WaS your choice on a given day; is that correct?
TIMOTHY AUSTIN: If it was my intention to change Science, yes, [ could move the sun.
MR. STRANG: Okay. So, what we Nave got here is a model; right?
TIMOTHY AUSTIN: Yes, a three-dimensional model, yes.
MR. STRANG: Actually, it's a two-dimensional model; right, that looks three-dimensional, by the use of perspective? Everything I saw was projected on this surface? Am I right?
TIMOTHY AUSTIN: the screen, yes, is Cwo-dimensional.
MR. STRANG: Right. The model itself looks three-dimensional, by the use of perspective?
TIMOTHY AUSTIN: Well, it's not a physical model, like the cups here. Iocan't bring it in to you. It's a computer model, but I'm drawing it in 3-p Space, and assigning it to an X and Y axis, but I don't have a physical axis to give you.
MR. STRANG: In that sense, it's not three-dimensional? It's
two-dimensional, but by using the vanishing point and the Principles of Perspective, we can give it the illusion of three-dimensional space on a flat Screen?
TIMOTHY AUSTIN: It's difficult for me to follow you. We do our work in 3-D, but you could say the same is true of Photography, that photography is two-dimensional.
MR. STRANG: Sure.
TIMOTHY AUSTIN: If that is what you are saying, I will agree with you.
MR. STRANG: When you Say you do your work in three-dimensione you are not actually building a model, in any event? I mean that you didn't use something like this box for Barb Janda's trailer, I assume?
TIMOTHY AUSTIN: No, it's not a Physical stick-built model, if you will, or plastic model. It's a virtual computer environment.
MR. STRANG: Okay. Got it. Now, we are in the virtual environment. Let's go back to what you and I both agree 1s two-dimensional space. Okay? We will go to what you call your orthogonal views. Got me?
TIMOTHY AUSTIN: Sure. Orthogonal.
MR. STRANG: "Looking Straight down", in other words?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Orthogonal is a fancy, $64 word, for looking straight down at something?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Okay. Now, you told us early on, and actually showed us a pretty slide of the areas that you did some orthogonal mapping, forensic mapping of. First, we had the Avery Salvage Property; right?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Okay. And then we had -- Let's do it this way. I'm just going to take the piece of Paper from your report. I'm going to put it on this "gizmo", Then I will "zoom it". (Using viewing machine, showing document on screen.) Okay. Now, that is hard to see, but down at the bottom, do you see that area, "hunting camp"?
TIMOTHY AUSTIN: Yes.
MR. STRANG: That was an area you said you also mapped?
TIMOTHY AUSTIN: Yes.
MR. STRANG: So, there you could give us an overhead view?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: Okay. Now, there were Some other areas that you also were asked to map back on November fifth through November 12, 2005? Some other areas off the Avery Property; true?
TIMOTHY AUSTIN: There were specific evidentiary spots that were mapped, using a completely different instrument, and not by me, of those particular things that may have been of evidentiary value in surrounding quarries. Those were not done by me, but I have knowledge of that.
MR. STRANG: That is -- These maps were -- Mapping coordinates were provided to you; correct?
TIMOTHY AUSTIN: I do have Gps coordinates for other items, yes, I do.
MR. STRANG: All right. Let's back up. Probably half of our jury knows what "Gps" is. The other half doesn't. That is "Global Positioning Satellite"?
TIMOTHY AUSTIN: That's correct. The other instrument uses a total Station also, but that also utilizes a GPS, global positioning satellite System. Those were Specific, I believe, 11 or 12 points out in the quarries identified by the search teams.
MR. STRANG: And someone else did that mapping, I understand, using a different technology?
TIMOTHY AUSTIN: Yes, sir. That is correct.
MR. STRANG: Using actually satellites that have geo-syncronized orbits; is that correct?
TIMOTHY AUSTIN: Yes.
MR. STRANG: To use a fancy term, that allows anybody who gets access to the system to know where you are, by degrees of latitude and longitude, down to a matter of seconds anywhere on the globe?
TIMOTHY AUSTIN: Yes, that's correct, sir,
MR. STRANG: All right. And the Purpose of taking these GPS measurements was to provide them to you for your forensic mapping project?
TIMOTHY AUSTIN: Yes. Should they become necessary later for mapping, we had it available to us, if such was needed.
MR. STRANG: I will show you figure 50 from your report. Okay. I will put that up here. But first f will just ask you: That is your figure 50?
TIMOTHY AUSTIN: Yes.
MR. STRANG: That is a page of your report, labeled figure 50? You have seen it before?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Indeed, you made it; is that correct?
TIMOTHY AUSTIN: Yes, sir, I did.
MR. STRANG: All right. Now, that is up on the little gizmo called an "Elmo", Tell us what you see. Tell us what you have in your figure 50?
TIMOTHY AUSTIN: This is a map, I believe from Microsoft Streets, or maybe from Delorme Atlas. I would have to see what program I used. It shows the roads in the vicinity of the Avery Property. What I have done here, I indicated with a red box the approximate location of the Avery Salvage Yard, and the approximate location of Steven Avery's residence. There is also a reference to Gps coordinates, which I believe is for the surrounding quarry.
MR. STRANG: Okay. And you put in a little red flag?
TIMOTHY AUSTIN: Yes. What I did, in this mapping program, I gave it the GPS coordinates, and it gave me a little red flag, that is seen on the screen in that particular Location. Then, using Microsoft Word, I generated My report. I labeled that flag as being those particular GPs coordinates. SO
MR. STRANG: Okay. You gave the jury a little lesson before about degrees, minutes, and seconds. If I read the coordinates that you have given us here, or not given by you, but which were included here, we have longitudinal 44 degrees north; right?
TIMOTHY AUSTIN: Yes,
MR. STRANG: In the northern hemisphere; right?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And 14 minutes right?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And 51 seconds?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: And a latitude of 87 degrees west?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: West of the Greenwich Mean line?
TIMOTHY AUSTIN: That is my understanding, Sir.
MR. STRANG: 41 minutes and 51 seconds?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: Okay. And you got only one of these areas, but did I understand you, that you actually were Provided ll or 12 Specific Gps Sites, GPS coordinates outside of the Avery Salvage Yard property?
TIMOTHY AUSTIN: This one that you are showing is not one of the ones that was provided to me by the Gps mapping team. This is one that was Provided to me when I was working with Dr, Eisenberg. So I don't want any confusion, or to imply or suggest to you this is from the team that used the GPS total station.
MR. STRANG: Okay. Thank you. I didn't understand that. I don't want any confusion either. So this is one you got from or with Dr. Eisenberg?
TIMOTHY AUSTIN: Yes,
MR. STRANG: e) But there were ij or 12 other GPs coordinates?
TIMOTHY AUSTIN: From that other team, yes. When the search teams located things they thought could be "something", those were indicated to me.
MR. STRANG: Something of interest?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Okay. Do you have any way of knowing, as you sit here today, what the distance is from the red flag Site, or the site represented by the red flag here, to either the salvage yard or Mr, Avery's residence?
TIMOTHY AUSTIN: I do not. But if you would like me to, I can certainly figure it out for you.
MR. STRANG: I will bet you can, (Laughing) If anything, I bet you can. Is that a lot of trouble?
TIMOTHY AUSTIN: No. If you want to bring me back later, I can certainly give you that number.
MR. STRANG: I don't know if I will Or not. But do you have a sense at all, as of now, just ball-parking?
TIMOTHY AUSTIN: No, I don't. I wouldn't feel comfortable.
MR. STRANG: Okay. Fine. North is "up" in this Figure?
TIMOTHY AUSTIN: Yes, sir,
MR. STRANG: Okay. So, the flag looks like it is southwest, essentially, of the Avery Salvage property?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Now, let's go back to what we are Calling the three-dimensional or perspective images that give us the illusion of depth and height and width. Okay. The virtual environment of three dimensions on those, you couldn't possibly map with your total station and its prism stick, every little item that a photograph might pick UP; Correct?
TIMOTHY AUSTIN: No, sir.
MR. STRANG: It's just a matter -- I guess you could, possibly, but there it becomes an issue of time and manpower resources; right?
TIMOTHY AUSTIN: Yes, I agree,
MR. STRANG: And how did the decision get made on what things to map and what not to map?
TIMOTHY AUSTIN: I can give you a@ particular location, in reference to the garage, for example, I really didn't have guidance. With the garage, I picked, or at least I wrote in my report, a page of the larger items that were there.
In terms of the interior of the house, I was told "main pieces of furniture", bed, dresser, desk, that type of thing.
MR. STRANG: And once you have mapped them, things can be taken out, so to Speak, just "pheeew" (sound effect noise) out of the computer model?
TIMOTHY AUSTIN: Yes. They can be hidden, or as I Said, "turned off", so we no longer see it in that model.
MR. STRANG: You gave one example of the air compressor in the garage. Do you remember that?
TIMOTHY AUSTIN: Yes. The thing is, Mr. Strang, there are layers over objects, separate layers. We Can, essentially, turn off one layer, so we don't see it in our model. That was done in the garage with the air compressor, the Suzuki Samurai, and the snowmobile.
MR. STRANG: Okay. "Now it's here. Now it's not." That is a matter of a few Strokes or clicks of a mouse --
TIMOTHY AUSTIN: Yes.
MR. STRANG: -- for you? I think I have it. Who gives you directions as to what actual items that were present should be included in the model and what are not?
TIMOTHY AUSTIN: Guidance was given from the lead team of investigators for the prosecution.
MR. STRANG: They wanted the compressor out, so you took it out?
TIMOTHY AUSTIN: Yes,
MR. STRANG: They wanted the Samurai in, so you left the Samurai in?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Okay. Now, I will show you a photograph. 1 don't think that we have seen this before. Tf will ask if you recognize it?
TIMOTHY AUSTIN: It's very possible that I may have taken this photograph. This appears to be the southeastern area of the Salvage yard, the location where the RAV-4 was located. It appears that is either in the Process of covering or uncovering it, with the large blue tarp.
MR. STRANG: Very good. Whether you took it or not, you recognize the photograph?
TIMOTHY AUSTIN: Yes.
MR. STRANG: There is a good old-fashioned Photograph, this photo? CO
TIMOTHY AUSTIN: Yes,
MR. STRANG: I will mark this as an exhibit.
(Exhibit 118 marked for identification)
BY MR. STRANG:
MR. STRANG: It's now Exhibit 118. I would like to let the jury see it. Okay. That is the tarp over the Toyota RAV-4?
TIMOTHY AUSTIN: Yes, that is my recollection that night, that the vehicle was covered.
MR. STRANG: So, what we are seeing under the blue tarp is the Car right where it was when you arrived on November 5?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And are we looking, generally, "toward the car crusher", or "from the car crusher"?
TIMOTHY AUSTIN: In this position, sir, we are looking to the west. The car crusher would be off to our right and perhaps slightly behind us to the northeast.
MR. STRANG: Okay. So the car crusher is back off this way? If we are Standing here, Snapping the picture. back off behind us?
TIMOTHY AUSTIN: No. It would be more to our right. If we are looking Straight at that Photograph, as we're looking Straight to the west, it's not far to the right, just Slightly behind. That is the direction the crusher would be,
MR. STRANG: All right. What we would see is, there 1S a whole lot of trees, it looks like, and underbrush, and that kind of thing, that extends along this line of cars?
TIMOTHY AUSTIN: Yes. There are some smaller, if you will, "trees", kind of along the other Side of the pond. The pond would be off to our right also,
MR. STRANG: Okay. We are Up on a ridge, if you will, above the pond?
TIMOTHY AUSTIN: Yes. The pond is pretty -- set down pretty low. So we're higher in elevation than the pond.
MR. STRANG: There is actually sort of a berm here, behind to the left of the Toyota and that line of cars; is that correct?
TIMOTHY AUSTIN: Yes. You can actually see that in the photograph there. ['m Just pointing to the berm. Over on the opposite side of this begins some of the quarry type property.
MR. STRANG: To the south of the Avery property?
TIMOTHY AUSTIN: Yes. South would be to our left in this Particular image.
MR. STRANG: All right. So, when, for example, you mapped the area around the Toyota and the car crusher in the southeastern corner of the Property, and created models of it, you simply omitted most or all of the trees that we see in the photographs of the area?
TIMOTHY AUSTIN: I, actually, perhaps -- I don't want to be a Stickler on verbiage. I didn't create models. We have the two-dimensional orthogonal diagrams, but "models" usually refers to the three-dimensional model, for which we use the prism of the total station to essentially trace the exterior of the tree line. So each individual tree was not collected. But we do see on the two-dimensional view just what that width would be, as car as we can go to the trees.
MR. STRANG: Okay. I think you essentially outlined the area where there would be trees?
TIMOTHY AUSTIN: Correct. Just to better explain that, if I may. If the walls on the Sides of the courtroom were the trees, I would Probably take a point in the back and a point in the front just to show that is the tree line, as Opposed to every individual tree,
MR. STRANG: And where you did that, let's see. We are looking at one of your orthogonal views of the rear area we have been discussing?
TIMOTHY AUSTIN: Yes.
MR. STRANG: All right. What you have shown us is some representation of the trees to the south?
TIMOTHY AUSTIN: Yes. That is the best way to describe the squiggly line that you just referred to. That would have been taken along that south tree line that you are referring to now. If you look just north of that, there is another squiggly line that is tougher to see,
MR. STRANG: This image right here that I'm referring to?
TIMOTHY AUSTIN: Right. That would be the edge of the other trees there.
MR. STRANG: It's very Faint, but you are saying you provided some line indicating there were trees along there?
TIMOTHY AUSTIN: Yes. It might he better if I had the color version of this. The ground, if you will, I believe is two separate colors here, which helps us to observe that difference. But that is how the mapping was done also on the eastern Side here, along the tree line. That is another tali berm there.
MR. STRANG: But if one were Standing on the crusher in the Spot where the arrow comes down, you would impression, from this orthogonal diagram, get the be able to see Straight to at least the car you that may seems to intersect the line of Sight in front the Toyota. This would look like a line of of en your drawing; correct? OO
TIMOTHY AUSTIN: That was not my intention at all, Mr. Strang. [I just wanted to Show the distance from the RAV-4 to the crusher.
MR. STRANG: Absolutely. Tf understand that was not your intention. Tf understand. [In fact, my point is: This would not represent the line of sight; correct?
TIMOTHY AUSTIN: No. I don't -- I would have to go back and look at the other photographs to see how thick the tree line is. I don't want to infer that I could see the RAV-4 from the Crusher, which is 380 feet, There are smaller trees that you would have to look
through. I just don't know.
MR. STRANG: So, there is no way to know, because, really, other than Showing a Squiggly line, you left out the trees and underbrush and anything else in the
TIMOTHY AUSTIN: way?
MR. STRANG: That's correct, I did. Okay. Was this the only car, if you will, on the north side of that line, or near the north tree line?
TIMOTHY AUSTIN: Based on looking at the diagram, it appears that it was. I would like to go back and review the photographs, but I don't recall leaving out any vehicles on here that were, specifically, mapped. Just to point out these areas over here, these are all of the vehicles over here. Obviously, we didn't Map any of those. We just traced around that row of cars.
But down in this area, I believe [ mapped out the location of all of the vehicles here, except where you see where we have this pattern again.
MR. STRANG: Blank spots, so to speak?
TIMOTHY AUSTIN: Yeah. They appear to be blank here.
MR. STRANG: Again, I'm not a witness. I don't have a perfect memory. I am not just Saying I think you left any cars out. I don't think you did either. But I just wondered if you had a recollection, if that was, in fact the only car on the north Side of that little lane?
TIMOTHY AUSTIN: Iocan't -- Just looking at the drawing, I would say it was the only car right there.
MR. STRANG: Okay.
TIMOTHY AUSTIN: I would feel more comfortable referring to some of the photographs, but I believe that is it.
MR. STRANG: Mr. Buting just indicated there appears to be a second car, kind of hidden by the label of the RAV-4?
TIMOTHY AUSTIN: Yes, there is.
MR. STRANG: Okay. All right. If we were going to get a real line of Sight, we would really want to use photographs, not something that you and your computer generated?
TIMOTHY AUSTIN: If we wanted to look at this and Say: Could you see the RAV-4 from the crusher? No, this, right now, in this form, is probably not the best medium to use, If you wanted to see: What is the distance? That is why I had it here.
MR. STRANG: As the crow flies?
TIMOTHY AUSTIN: Right.
MR. STRANG: I will not pester Mr. Kratz to go back to the power point presentation, but I will just use my black and white copy of the sheet that you folks
provided me.
TIMOTHY AUSTIN: What page are you on, sir?
MR. STRANG: 27, at the bottom.
THE COURT: Mr, Strang, just for break
purposes, do you know how much time you have left?
MR. STRANG: Five minutes, something like that.
THE COURT: Mr. Kratz, what about the State?
MR. KRATZ: My presentation is about a minute and a half, Judge.
THE COURT: All right. Members of the jury, after we are done with this Portion of the proceedings today, we are going to let you go early. That why I kept it going. But if you want a break now, you can have a break now.
JUROR: No.
THE COURT: I see heads nodding "No", so we will plunge ahead. All right. wr. Strang?
BY MR. STRANG:
MR. STRANG: All right. our jury has already seen a Slide of this, that garage, sort of; right?
TIMOTHY AUSTIN: Yes. This is my model of the garage.
MR. STRANG: And what you have done for us is help us make
believe that the garage had no roof?
TIMOTHY AUSTIN: I don't like the words "make believe", but, yes. oe was removed so we could see inside the garage.
MR. STRANG: Then we can also see it as if we were hovering 20
Or 30 feet up, something like that, whatever this
TIMOTHY AUSTIN: is? Yes.
MR. STRANG: Taller than any of us?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Okay. And this is a pretty clean looking garage, the model; is that correct?
TIMOTHY AUSTIN: Yes.
MR. STRANG: You have got a view of a John Deere tractor?
TIMOTHY AUSTIN: Yes, it is.
MR. STRANG: And it's a vivid, electric green in color; is that correct?
TIMOTHY AUSTIN: Yes,
MR. STRANG: But if people look at the garage, the John Deere tractor is there? If we look at an actual picture of the garage, we see the John Deere tractor?
TIMOTHY AUSTIN: Yes.
MR. STRANG: With some other things; right?
TIMOTHY AUSTIN: Yes.
MR. STRANG: A whole lot of Clutter?
TIMOTHY AUSTIN: Yes. A snowmobile is in there. There is a table with the items in the back. I know we are seeing a lot more clutter in the actual scene or the photograph than we have seen in the model, but we have two different purposes for this too.
MR. STRANG: Okay. Is this thing down here the sont. ana then the wind screen of one of the snowmobiles?
TIMOTHY AUSTIN: Yes.
MR. STRANG: Does the photograph show the garage as you actually saw it the week of November 5 to November 12?
TIMOTHY AUSTIN: Yes, it does.
MR. STRANG: And how about this? Does that take us to the other side of the garage, the east side of the garage?
TIMOTHY AUSTIN: Yes, that shows the east wall of the garage. We see a snowmobile, some tables. There is a freezer back over here too. That is how I recall the garage.
MR. STRANG: There is a snowmobile under there somewhere?
TIMOTHY AUSTIN: Yeah. Do you see this green stripe here? That is the wind screen that you saw on the other one.
MR. STRANG: Okay. What is the gray thing on the right side of the photo?
TIMOTHY AUSTIN: Are you referring to this here, sir?
MR. STRANG: Yes?
TIMOTHY AUSTIN: That is the Suzuki Samurai.
MR. STRANG: All right. That is the garage as it actually looked to you November 9 through November 12?
TIMOTHY AUSTIN: Yes, that is how I recall the garage.
MR. STRANG: Let's look at the south wall of the garage, or Part of the south wall. That is how it looked to you, November 5 through November 12?
TIMOTHY AUSTIN: Yes, it does. Again, I see a tool chest, the air compressor we talked about before, There is a weeder, with a waste basket. That definitely fits, my recollection of the garage.
MR. STRANG: SO, if you use the laser sointer, the air compressor is gone?
TIMOTHY AUSTIN: It's this green item down here near the center of the photograph.
MR. STRANG: That thing that you took out of the Photo is the little evidence tent that said "23-A"?
TIMOTHY AUSTIN: Yes, I did.
MR. STRANG: Now, the photograph, actually, you can see pretty well under the compressor in the photograph, can't you?
TIMOTHY AUSTIN: Yes.
MR. STRANG: That is one of the few places in the garage that appears not to be cluttered?
TIMOTHY AUSTIN: With the exception we cannot see behind the wheel. I can see some flooring under it from this view.
MR. STRANG: All right. I'm going to mark the photographs that you have just shown us and then I'm done.
(Exhibits 119 through 121 marked for identification. )
BY MR. STRANG:
MR. STRANG: Okay. Real quick, just so the record is clear. I'm doing them in the same order I just showed them to you. Exhibit 119 has the John Deere tractor in it; is that correct?
TIMOTHY AUSTIN: Yes, it does.
MR. STRANG: Exhibit 120 is the side of the garage with the Snowmobile that you pointed cut and part of ene gray Samurai?
TIMOTHY AUSTIN: Yes.
MR. STRANG: And Exhibit 121 is the south part, the south wall of the garage, with the air compressor?
TIMOTHY AUSTIN: Yes, sir.
MR. STRANG: Okay. I move the exhibits that have been offered with Mr. Austin, Your Honor, and that's all I have.
THE COURT: Any objection to the exhibits?
MR. KRATZ: No.
THE COURT: Very well. The exhibits are admitted. Mr. Kratz?
(At which time Mr. Kratz made an attempt to show the video presentation to the jury again, but it was not successful.)
MR. KRATZ: Judge, we seem destined to not have this work today. We will put it in through another witness. I will have this animation marked, however, and if it is received without objection, then I have no further questions of this witness. Thank you.
THE COURT: All right. Mr. Strang?
MR. STRANG: That's fine. We can mark it and I think it can be received for purposes of today.
THE COURT: Very well. The Court will order it received, but not admitted. Is that it, counsel?
MR. STRANG: Yes, I think, for now.
THE COURT: All right. Members of the jury, that is all the jury work we have for you today. So I'm excusing you for today.
Before we do that, I will remind you that the Court has previously ordered that you do not watch the local news on television, or listen to the local news on the radio, or read the newspaper, unless you have someone first remove any articles related to the case from the newspaper. In addition to videos, internet web sites, or web logs, which includes any information about the case.
If you are involuntarily exposed to any information about the case from any source, please take steps to immediately avoid any further exposure.
With that, you are excused for today.
(At which time the jury left the courtroom for the day. The following Proceedings continued in the courtroom, outside of the presence of the jury, with the attorneys and the defendant being present.)
THE COURT: You may be seated, Counsel, is there anything to put on the record before we conclude today?
MR. STRANG: What exhibit number did you give the animation?
MR. KRATZ: The animation was Exhibit 117. Judge, we did offer that, but the power point itself, although the hard Copy was previously marked, I alerted the Court that I was going to ask that the actual disk be received. For purposes of the record, that is Exhibit 122, and T Will offer that at this time.
THE COURT: Are there any exhibits, that either party May Move admission for, that we should address at this time?
MR. KRATZ: I have moved all of them, Judge. I think they have been authenticated and identified.
MR. STRANG: I think we have addressed all of them. I know I moved Exhibits 118 through 121, and those were admitted. My notes suggest that Mr. Kratz has moved his exhibits, and the Court has ruled on everything that he discussed or has shown today.
MR. FALLON: Can I ask the Clerk what Exhibit 90 was?
COURT REPORTER: Is this on the record? I don't know who is speaking right now.
MR. KRATZ: That's Mr. Fallon.
COURT REPORTER: Okay. Thank you.
COURT CLERK: Mr. Austin's report is Exhibit 90, and the power point is Exhibit 122,
MR. FALLON: Okay.
THE COURT: Mr. Kratz, has the State moved admission of the animation disk?
MR. KRATZ: Yes.
THE COURT: I think that was viewed in the motion hearing before we Started. Does the defense agree that can be admitted? That was the thing they didn't get to work today. But I believe it previously has been shown in court as part of a motion hearing.
MR. STRANG: Right. That is Exhibit 117. It was offered and received. I don't think that it was admitted yet, because nobody identified it or has seen it. Isn't that Exhibit 117?
MR. KRATZ: Yes.
THE COURT: I take it, authentication is not going to be a problem. So, it will be admitted when it is viewed in front of the jury.
MR. STRANG: Right.
THE COURT: All right. Very well. Anything else today? If not, I would like to see counsel for just a couple minutes in chambers before you leave.
(Proceedings concluded for the day.)