2.Brett Bowe — Direct/Cross/Redirect/Recross
673 linesMR. KRATZ: The State would call Brett Bowe.
COURT CLERK: Please raise your right hand.
LIEUTENANT BRETT BOWE, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated. Please state your name and spell your last name for the record.
BRETT BOWE: Brett James Bowe, B-o-w-e.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Bowe, how are you employed?
BRETT BOWE: Patrol lieutenant with Calumet County Sheriff's Department.
MR. KRATZ: How long have you been so employed?
BRETT BOWE: Two years.
MR. KRATZ: And prior to that particular rank, could you tell the jury how you were previously employed?
BRETT BOWE: I started with the Sheriff's Department as a jailer, became a patrolman, then a patrol lieutenant -- patrol sergeant and then eventually a lieutenant.
MR. KRATZ: What are your duties, currently, as a lieutenant?
BRETT BOWE: I supervise the patrol staff.
MR. KRATZ: Sometime after November 5th of 2005, did you become involved in the investigation that brings us here to court today?
BRETT BOWE: Yes, I did.
MR. KRATZ: When did you first become involved in that investigation?
BRETT BOWE: Sunday morning, the 6th.
MR. KRATZ: And would you tell the jury how you first became involved?
BRETT BOWE: I was contacted Saturday night and asked to come to the scene to assist with taking control of the Command Post.
MR. KRATZ: What is a Command Post?
BRETT BOWE: It's a central location in a crime scene that we utilize for staging and organizing the activities that we're going to carry out during the day.
MR. KRATZ: Are there duties or were there, I should say. The week of the 5th through the 12th, were there duties in assuming responsibility for the Command Post that you performed?
BRETT BOWE: Yes, there were.
MR. KRATZ: And why don't we talk about, generally, those duties. We'll talk specifically in just a few minutes, but talk about generally what those duties include.
BRETT BOWE: The primary duty was scheduling and making sure that there was security around the property during the evening hours and during the day. There were also numerous large scale searches that went on at the property, or around the property. And we were provided personnel to do that and then we organized that.
MR. KRATZ: The Avery salvage property itself, that 40 acre parcel, were you one of the officers responsible for securing that area, again, between the 5th and 12th of November?
BRETT BOWE: Yes, I was.
MR. KRATZ: Describe for the jury, if you will, the security on the perimeter, that is, the 40 acres. We're going to talk a little bit outside of that in just a minute, but let's first talk about the 40 acre perimeter. Could you describe for the jury how that area was secured?
BRETT BOWE: We stationed an officer at the four corners of the property. One of the corners was the Command Post, so there were always several people in that position. And then we had an officer in the remaining three corners with a squad car.
MR. KRATZ: I'm showing you what's first been marked as Exhibit No. 79; can you tell us what that is please.
BRETT BOWE: This is an overview photo of a majority of the 40 acres.
MR. KRATZ: All right. I think we have a better way to show these today. I'm hoping at least. Actually, Officer, we're going to, because there's a couple of technical issues that we're going to do during the break, I'm just going to talk through this and then after our morning break we'll be able to look at some exhibits.
You talked about the four corners, though, of the 40 acre property and that you had people posted there. During what period of time were they posted and was this a around the clock thing, or describe that for the jury?
BRETT BOWE: Most of the time it was around the clock. During the day when there were a large number of people in a certain area, we may utilize that security person to assist those people in the area, because they really hadn't left that area any way.
At night those people stayed in their positions through the entire night. And then if there was no activity in that area they stayed in that position also.
MR. KRATZ: We have talked about the 40 acre property, then, let's go beyond that. Can you describe the area that surrounds the Avery property?
BRETT BOWE: To the north of the Avery property is State Highway 147; running to the east of it would be Jambo Creek Road; and to the west of it was County Q. The Avery property is south of 147 and there's a small dead end road, Avery Road, that leads into the 40 acres.
MR. KRATZ: Were you familiar that sometime after 10:30 in the morning, on Saturday the 5th of November, that law enforcement officers took control of the Avery property?
BRETT BOWE: Yes, they did.
MR. KRATZ: Was there a law enforcement presence or security perimeter set up outside of the 40 acres?
BRETT BOWE: Yes, there was. There was an officer at the intersection of 147 and Q, that when I arrived Sunday morning was in place. There was also an officer -- Between that and Avery Road, there is a road that runs north off 147. There was an officer there keeping individuals from coming down onto 147. And then there was an officer at Jambo Creek Road with the intersection of 47 (sic). There was also an officer at the end of Avery Road that was checking people in and out of the property.
MR. KRATZ: This responsibility for security, was that yours alone or was that shared?
BRETT BOWE: The security on the property was shared with Lieutenant Sippel.
MR. KRATZ: So the jury knows, who is Lieutenant Sippel.
BRETT BOWE: He would be the dispatch lieutenant for the Calumet Sheriff's Department.
MR. KRATZ: Works for Calumet --
BRETT BOWE: Yes.
MR. KRATZ: -- County? At that scene, Lieutenant Bowe, who did you take direction from?
BRETT BOWE: I took direction from Sheriff Pagel and Investigator Wiegert and Agent Fassbender.
MR. KRATZ: And Investigator Wiegert and Special Agent Fassbender, what was their role, if you know, at the scene?
BRETT BOWE: I believe they were lead investigators.
MR. KRATZ: I know you talked about security, or the perimeter security, were you also involved of security within the 40 acres? I mean, not just the four corners, but also other security issues?
BRETT BOWE: Generally, no. If there was something specific, I would make arrangements to get people for them, but then they would place them where they needed them.
MR. KRATZ: You may not know this, Lieutenant Bowe, but how many law enforcement officers were involved in this search effort; do you know?
BRETT BOWE: Total?
MR. KRATZ: Yes.
BRETT BOWE: I don't know.
MR. KRATZ: All right. Other than security, your other responsibility, you talked about coordinating some of the searches; is that right?
BRETT BOWE: Correct.
MR. KRATZ: Which areas of search responsibility did you have?
BRETT BOWE: Any time there was a large scale search, we coordinated that. There were two large scale searches inside the salvage yard and there were two large scale searches outside the property. There was also -- the Winnebago Dive Team was on scene, so we coordinated that.
MR. KRATZ: Let's take them in reverse order. Talking about the dive team, what was the dive team asked to do?
BRETT BOWE: The dive team was called in on Sunday, the 6th and Monday the 7th. They were asked to dive any of the surrounding bodies of water. There was several gravel pits or stone quarries around this property and there was water collecting in those. So they were asked to come in and search those areas.
MR. KRATZ: Do you know what they were searching for?
BRETT BOWE: Evidence, anything, a body, any property that may have belonged to Ms Halbach.
MR. KRATZ: All right. And what kind of -- you talk about the surrounding property, what kind of acreage or area are we talking about?
BRETT BOWE: Inside the roadways that we were talking about, there's over 500 acres. And we did search outside that to some extent, too.
MR. KRATZ: So were all 500 acres searched?
BRETT BOWE: There were probably portions of it that were not searched. There were some wooded areas that were searched with dogs, but didn't get the massive search that we did in some other areas.
MR. KRATZ: Other than the heavily wooded areas, would you say the other, or the balance of the 500 acres was searched --
BRETT BOWE: Yes.
MR. KRATZ: -- by law enforcement?
BRETT BOWE: Yes, it was.
MR. KRATZ: The coordination of these large scale efforts like the dive team that you mentioned; who would you directly speak with? Would it be the searchers or was there an intermediary usually?
BRETT BOWE: What we would do is we would put a representative from the Sheriff's Department, one of our deputies, with each group. We would break them down into 10 man groups.
MR. KRATZ: Let me stop you there. When you say our deputies, who are you talking about?
BRETT BOWE: Calumet Sheriff's Department.
MR. KRATZ: Go ahead.
BRETT BOWE: We would communicate with our deputies which area we wanted to search, if we were looking for anything in particular. And they would relay that to the individuals that were in their group. They would notify us when they were going out, when they were searching, and when they completed their search. So we communicated directly with the Calumet officer that was with the team.
MR. KRATZ: You talked about the dive team, let's talk about the search areas outside of the 40 acres. I'm talking -- I'm excluding the Avery property itself. And can you describe those large scale searches for us, please.
BRETT BOWE: A majority of that was either open field or quarries. What we would do is we would take a section of it and we would send our teams out to search that area. They would let us know when they were completed and then we would determine which additional area to send them to.
The dive team searched four ponds directly around the Avery property on Sunday. And then on Monday they moved to a another quarry that was south of Jambo Creek Road and they searched two large ponds there.
MR. KRATZ: Were the ponds left intact or were the ponds disturbed at all to due to the searching?
BRETT BOWE: The ponds that the dive team searched were left intact.
MR. KRATZ: Were there other ponds that were examined?
BRETT BOWE: There were.
MR. KRATZ: Tell us about that, please.
BRETT BOWE: There were five silt ponds that were located at Radandt's main headquarters for their quarry. They utilized those for washing rock. The water would run into one pond and it would kind of go from pond to pond until it got to the last one and most of the dirt would be gone and they would pump it out and use it again. The dive team determined that they couldn't dive those because they were -- there was too much sludge in them from the dirt they had washed off. So Radandt agreed to dig two of those ponds out while we watched them do it.
MR. KRATZ: All right. I think I may have interrupted you about the other outlying property searches. You said that they were open field searches. Then you mentioned the dive team and I think that's where I interrupted you. What other kind of searches were in the outlying areas?
BRETT BOWE: Included in the open field, there were also quarries. There's quarries all over in that area. So our teams would go from an open field and then they would have to work their way into a quarry and they would search the quarry. Probably half of them were inactive at the time, or even more. So they would cover that area.
MR. KRATZ: How many officers were involved in those large scale searches, if you know?
BRETT BOWE: It varied by day. One day we had 60 troopers that were involved. On Sunday when we did the initial exterior search, we had 30 officers accompanied by 60 firemen.
MR. KRATZ: All right. So anywhere between 60 and 90 people searching at a time; is that right?
BRETT BOWE: Correct.
MR. KRATZ: And, again, for how many days did these searches occur?
BRETT BOWE: On two separate days we searched the exterior of the property. And on two days we searched the interior of the property.
MR. KRATZ: All right.
BRETT BOWE: So four days total.
MR. KRATZ: When we come back from the break, we'll talk about the interior of the property. But is there anything that we have left out on the exterior, any searches that you haven't described on the exterior of the Avery property?
BRETT BOWE: Other than the searching with the dogs. On the first three days that I was involved, we had dogs on scene. So we would couple those up with Calumet officers and we would send them to different areas around the property and just have them run their dogs through that property. The majority of what they ran through, we searched by hand again, later.
MR. KRATZ: Were those the --
BRETT BOWE: Search and rescue dogs.
MR. KRATZ: Searching for evidence, or searching for body, or both?
BRETT BOWE: Searching for body.
MR. KRATZ: This might be a good time then for our morning break. Thank you.
THE COURT: All right. Members of the jury, we'll take our morning break at this time. We'll resume in 15 minutes. Again, do not discuss the case during the break.
(Jury not present.)
THE COURT: Counsel, we'll resume, then, at 10:45.
MR. KRATZ: Thank you.
(Recess taken.)
THE COURT: Mr. Kratz, you may continue your direct examination.
MR. KRATZ: Thank you.
DIRECT EXAMINATION, CONTD BY ATTORNEY KRATZ:
MR. KRATZ: Lieutenant, in front of you is Exhibit No. 79. Could you tell us what that is, please.
BRETT BOWE: This is an overhead photo of a partial view of the Avery property.
MR. KRATZ: And you recognize that aerial photograph?
BRETT BOWE: Yes, I do.
MR. KRATZ: And as I mentioned, I think this will work better today. I'm hopeful anyway. The jury is now seeing Exhibit No. 79; is that correct?
BRETT BOWE: Correct.
MR. KRATZ: And will this photograph help you explain some of the interior, or at least large scale searches from within that property?
BRETT BOWE: Yes, it will.
MR. KRATZ: All right. How were search teams assembled?
BRETT BOWE: As I said, the personnel would be provided to me, be it State troopers, or deputies, or firemen. We would then break them down into groups of about 10 individuals and we would have a leader for that group who would normally be a deputy from the Calumet Sheriff's Department. We would coordinate everything through that officer and then he would give the people under him the information that they needed. And they would report to him anything that they found.
MR. KRATZ: I know that you mentioned law enforcement and some others, but what other type of individual were utilized in these search efforts?
BRETT BOWE: Volunteer firemen.
MR. KRATZ: Referring then to Exhibit No. 79, describe, if you will, the first large scale search operation?
BRETT BOWE: The first large scale search operation was in the salvage yard. It was on Sunday afternoon. We utilized approximately 50 firemen. We utilized approximately 50 firemen along with at least a dozen officers, broke them into groups.
There are approximately 4,000 salvaged vehicles on the property. We had the firemen go through the salvaged vehicles, opening the trunks and hoods of every vehicle.
MR. KRATZ: That first search was when, I'm sorry?
BRETT BOWE: That was Sunday.
MR. KRATZ: The 6th?
BRETT BOWE: Yes.
MR. KRATZ: What were you looking for?
BRETT BOWE: We were looking for a body.
MR. KRATZ: Referring, again, to Exhibit No. 79, could you show us the cars that you are talking about?
BRETT BOWE: Everything down in this area up through here, around. It actually extends a little further back to this side, but these are all salvaged vehicles. There's a couple up in this area here.
MR. KRATZ: Were you present during that large scale search?
BRETT BOWE: Yes, I was.
MR. KRATZ: And what was required to look in these vehicles?
BRETT BOWE: As far as what, to open them?
MR. KRATZ: Yes.
BRETT BOWE: The firemen used crowbars or they used their hooligan tools that they had with them. And they would open the trunks and the hoods, just verify that there wasn't a body inside the vehicle.
MR. KRATZ: On the 6th of November, was every vehicle searched; that is, all 4,000 vehicles?
BRETT BOWE: Yes, they were.
MR. KRATZ: Was some method that you or somebody else developed for how a vehicle -- how you knew a vehicle was searched or not?
BRETT BOWE: The individual groups had crime scene tape or had caution tape. They would either mark the individual vehicles as they searched them, or as you can see, the vehicles are in fairly big groups; one group would start on the end. They would work their way to the other end and then they would mark the two ends with caution tape so that everybody would know that that group of vehicles had been searched.
MR. KRATZ: All right. What was the next large scale search that you were involved in coordinating?
BRETT BOWE: On the property?
MR. KRATZ: Yes.
BRETT BOWE: The next large scale search was on Tuesday, it involved 60 State troopers and approximately 35 volunteer firemen. They went through all of the vehicles again. This time they were doing a thorough search of the entire vehicle.
MR. KRATZ: This is a different kind of search, then, on the 6th?
BRETT BOWE: Yes, it is.
MR. KRATZ: What was the scope of the search?
BRETT BOWE: This search, they were looking for particular items. They were looking for the license plates from Teresa Halbach's vehicle. They were looking for a tool. She had a tool kit in her vehicle and there was a tool missing from it; they were looking for that. And then they were looking for any specific items that may have belonged to her, or would be of evidentiary value. So they were doing a much more thorough search.
MR. KRATZ: And, again, are you aware that all 4,000 vehicles were searched?
BRETT BOWE: Yes, they were.
MR. KRATZ: Exhibit No. 79 shows parts of the entryways. How is it that vehicles could travel from within or throughout the inside of the salvage yard? Do you understand that question?
BRETT BOWE: You mean once they were in the yard?
MR. KRATZ: Yeah, talk about the roadways within the yard itself.
BRETT BOWE: Okay. In between each group of vehicles, you can see, these are all roadways through here. They kind of work their way through the property. It's just a dirt road that you can drive on.
There's a gap between the vehicles. You can drive through it. That's what they used for their roads. So, it's no formal road, the roads could change depending on where they put the vehicles. But it was an opening through the dirt that was used to drive on.
MR. KRATZ: Are you familiar with a surrounding property which is called Radandt's Quarry?
BRETT BOWE: Yes, I am.
MR. KRATZ: Again, referring to Exhibit 79, if you could tell us where that is located.
BRETT BOWE: Radandt has -- Let's see. This is the north on this end. Radandt has an active quarry from here down, which would be to the west. They also had a quarry on the south end, which would be in this area here.
MR. KRATZ: From Radandt's Quarry, or from at least the access corner, the corner that would attach Radandt's to Avery's, did you go to that corner, to that location? Did you physically stand in that location?
BRETT BOWE: Yes, I did.
MR. KRATZ: And are you able, and were you able, to see Mr. Avery's trailer and garage from that corner?
BRETT BOWE: Yes, you can.
MR. KRATZ: I'm going to show you what has been -- or have you look at what's marked as Exhibit No. 80; tell us what that is.
BRETT BOWE: This is a view of Mr. Avery's residence from the south.
MR. KRATZ: Would that be near Radandt's property line?
BRETT BOWE: Yes. Yes, it's actually -- His property, his residence is right there. This view is from somewhere in this area, I would believe.
MR. KRATZ: All right. Have the jury look at Exhibit No. 80. Tell us what we're looking at here, please.
BRETT BOWE: This is the backside of Mr. Avery's residence and his detached garage.
MR. KRATZ: Now, I note that, and tell me if I'm correct or not, is there a grade difference between Mr. Avery's and Radandt's property?
BRETT BOWE: There's a berm between the two properties. And then on Radandt's side, it goes straight down into the quarry. It's probably a 15 to 20 foot drop into the quarry.
MR. KRATZ: All right. I'm just going to have you mark -- or describe these next exhibits, some aerial photos; what is Exhibit No. 81?
BRETT BOWE: This is a view, an aerial view of the Avery property from the northeast. It would be Avery Road coming into the northeast corner of the property.
MR. KRATZ: We'll have the jury take a look at Exhibit 81; is that a picture of 81?
BRETT BOWE: Yes.
MR. KRATZ: With your laser pointer, could you describe the buildings that we're looking at. By the way, let me put in a foundational question. Did you become, in that seven or eight days, familiar with all of the buildings on this property?
BRETT BOWE: Yes, I did.
MR. KRATZ: All right. Looking at Exhibit No. 81, can you tell us -- identify the buildings that are located therein?
BRETT BOWE: Starting at the top, there's a fenced in area in here. It's an impound area. There is a large shed in there that is an impound storage. I believe it's a metal shed. And then there's a smaller garage down in this area. It's also used for storage.
This is a longer narrow shed that was used for heavy equipment storage. Down in the trees here would be Allen and Delores Avery's residence and there's also a detached garage in there to. I believe it would be right there.
This is an office area and a work area. We referred to it as the new office. And then there's another work area back in here that was referred to as the old office area that was used.
MR. KRATZ: Beginning your testimony, Lieutenant Bowe, you talked about a Command Post being established. Does Exhibit No. 81 show that area?
BRETT BOWE: Yes, it does.
MR. KRATZ: Could you describe that for the jury, please.
BRETT BOWE: The Command Post that we utilized was in this area. That's where we organized our large scale searches. We also had debriefings there. There was also a Command Post located up here that was used by the Investigative Team. So it was more of a work area for them.
MR. KRATZ: Does Exhibit No. 81 also show an access road; that is, how you would get to the Avery property from Highway 147?
BRETT BOWE: Yes, it does. This road right here is Avery Road; that's a paved road coming in that dead ends at the property.
MR. KRATZ: And if you turn right on that road, where does that take you?
BRETT BOWE: This is a gravel driveway that runs the length of the property and it would end at Steven Avery's residence.
MR. KRATZ: Lieutenant Bowe, are you familiar with the corner of the property that not only has a pond, but from which Teresa Halbach's vehicle was found?
BRETT BOWE: Yes, I am.
MR. KRATZ: Have you look at Exhibit No. 82, please, and tell us what that is, please.
BRETT BOWE: This is an aerial view from the east of the southeast corner of the property where the pond was and where Teresa Halbach's vehicle was found.
MR. KRATZ: And does it accurately depict that corner?
BRETT BOWE: Yes, it does.
MR. KRATZ: I will have the jury, then, look at No. 82. With your laser pointer, tell us what we're looking at, please.
BRETT BOWE: This is Radandt's Quarry to the south. There is an open field to the east. The view is from the east. This is probably a little more than half of the property.
This is a low area in the salvage yard where a lot of the run off collects into a small pond. There's a berm up behind that and Teresa Halbach's vehicle was found up in this area.
MR. KRATZ: Does this exhibit also show the car crusher?
BRETT BOWE: Yes, it does. It's down right here.
MR. KRATZ: All right. Are you familiar with what would be the northwest corner of the property, that is, the area where Mr. Avery's residence was?
BRETT BOWE: Yes, I am.
MR. KRATZ: And could you look at Exhibit No. 83, please, and tell us what that is?
BRETT BOWE: This is an aerial photo from the north, looking south on to the Avery property and the Radandt Quarry that's directly west to it.
MR. KRATZ: I will have the jury now look at Exhibit No. 83. Tell us what we're looking at.
BRETT BOWE: Once again, this is one of Radandt's quarries. This was an active quarry at the time. This is Steven Avery's residence and garage. And this would be Barb Janda's residence and garage. And we have got about half of the salvage yard included.
MR. KRATZ: Does this photograph, that is, Exhibit No. 83, show a second entry way into the Avery property?
BRETT BOWE: Yes, it does.
MR. KRATZ: Could you describe that for the jury, please.
BRETT BOWE: There's a gravel road that comes up through here that connects all the quarries and runs down to Radandt's processing plant. There is a conveyor that runs along the middle of that road and then runs into the Avery property. Where the Avery property and Radandt's meet, there is a passage way to drive a vehicle through there.
MR. KRATZ: You talked about security being maintained on four corners of the property. How many corners of the property in which security was maintained 24 hours does this exhibit show?
BRETT BOWE: Two.
MR. KRATZ: And could you tell the jury, please, where law enforcement officers were stationed?
BRETT BOWE: There was an officer stationed down in this area at the end of the road in front of Steven Avery's residence. And there was also an officer stationed down in this area, just before it splits to go into the two quarries, securing this corner.
MR. KRATZ: I don't know if I asked this well enough when you described the purpose, but why were you attempting to secure the four corners of the property?
BRETT BOWE: One, we had taken custody of the property, we wanted to continue that through the entire time that we were there. We also wanted to assure that nobody else came into the property.
MR. KRATZ: The corner of the Avery property that includes Mr. Avery's residence, is that depicted also in Exhibit No. 84, the next exhibit?
BRETT BOWE: Yes, it is.
MR. KRATZ: Can you describe what Exhibit 84 is, please.
BRETT BOWE: This is an aerial photo from the southeast showing the northwest corner of the Avery property. And then the outside properties from there.
MR. KRATZ: I will have the jury look at Exhibit 84. And if you would be so kind as to tell them what we're looking at.
BRETT BOWE: This is the same quarry for Radandt that we had looked at. This is an open field. This would be Steven Avery's residence. This would be Barb Janda's residence. And then we're seeing the beginning of the salvage yard.
MR. KRATZ: At least as to the west and as to the northwest, does Exhibit 84 show the surrounding or adjacent properties?
BRETT BOWE: Yes, it does.
MR. KRATZ: Now, there was something yesterday that we heard from Trooper Austin; it was called a deer camp. Does Exhibit 84 show that?
BRETT BOWE: Yes, it does. The deer camp is right in this area.
MR. KRATZ: Just for the record, you are pointing to what would be to the almost uppermost and leftmost corner of the exhibit; is that right?
BRETT BOWE: Yes.
MR. KRATZ: What did that consist of and what are we looking at, if you can tell us?
BRETT BOWE: That was a camp that Radandts used. They own most of the land around this area and they used that for deer hunting. It consisted of three mobile homes that they had set up for deer hunting or something of that nature.
MR. KRATZ: All right. Lieutenant Bowe, you talked about the different berms or the different grade around Mr. Avery's property. When referring to Exhibit No. 84, could you describe that a little bit further, please.
BRETT BOWE: The berm on the west, you just want me to refer to?
MR. KRATZ: If there's other -- other differences in elevation that this wouldn't show, I would appreciate if you would explain that what surrounds Mr. Avery's.
BRETT BOWE: There's a small berm that starts in this area, Mr. Avery's property. Most of the salvage yard is in what appears to be an old quarry. Mr. Avery's property and the rest of the residence were up on where the normal grade would have been. So there's a small berm between his property and Radandt's quarry. The further you get to the south, the higher that berm gets, between the two properties.
MR. KRATZ: Lieutenant Bowe, from within the 40 acres itself, is there also a difference in grade?
BRETT BOWE: Yes, there is.
MR. KRATZ: Can you describe that for us, please.
BRETT BOWE: As I said, where the residence and the buildings are, they appear to be on what was the original grade. As you go into the quarry, you have to go down hills into the quarry and then you reach a bottom grade where it appears is where they hit the -- the rock bed.
So it all slopes down as you go south. And then it kind of levels out in the bottom. And then when you get to the south end of it, there is a large berm separating that property from the next quarry.
MR. KRATZ: What's the next exhibit that you have in front of you, what number?
BRETT BOWE: Eighty-five.
MR. KRATZ: Okay. Could you just tell us what that is, please.
BRETT BOWE: This is an aerial photo from the south of the entire Avery property.
MR. KRATZ: We're going to go through these rather quickly, but I'm going to show you, now, Exhibit 85; does that show the entirety of the 40 acre Avery salvage property?
BRETT BOWE: Yes, it does.
MR. KRATZ: If you can just very briefly orient us, what are the four corners that we're talking about?
BRETT BOWE: This is the north. This would be Steven Avery's property to the northwest. This is where the Command Post was set up. This would be Al and Delores' residence. This is the southeast, this is where the small retention pond is and where the vehicle was found. And this would be the southwest, this is where the conveyor would exit the property.
MR. KRATZ: Does Exhibit No. 85 allow you to show the jury all four locations where you had officers posted throughout the day?
BRETT BOWE: Yes, it does.
MR. KRATZ: And if you could just briefly point to those areas.
BRETT BOWE: There would be one officer in this corner, at the end of the road.
MR. KRATZ: Let me just stop you there. Would that officer be with a squad?
BRETT BOWE: Yes.
MR. KRATZ: A marked squad?
BRETT BOWE: Yes. Most of time, yes.
MR. KRATZ: Go ahead.
BRETT BOWE: There was an officer down in this area under the conveyor. There was an officer stationed in this area, watching the top of the berm in this area up here. And then we had officers up here at the Command Post.
MR. KRATZ: Now, other than those four corners, if you will, are there other access points? In order words, is there other ways in which an individual or a vehicle could enter this property?
BRETT BOWE: The only way for a vehicle to enter the property would be through the conveyor belt down here, or through the main driveway up on the top.
It splits, you can get down through the buildings, or you can come down this edge and come down into it. There's a fence that runs along here and is a pretty steep grade through here. So you couldn't access it with a vehicle. There's also berms that run down this side and then around the bottom and then up this side.
MR. KRATZ: To the west of Steven Avery's, it does show a body of water; do you see that on this exhibit?
BRETT BOWE: Yes, I do.
MR. KRATZ: And can you point to that, please. What is that?
BRETT BOWE: It's a low spot in the quarry where the water gathers.
MR. KRATZ: Okay. This is a good -- good segue to talk about the weather that week. Do you recall the weather, the week beginning the 5th of November?
BRETT BOWE: I wasn't there the 5th of November. I was informed it rained through most of the evening. When I got there on Sunday, the 6th, it was cold and windy during the morning. We had a snow shower that came in through the morning, which is one reason why we didn't start opening the vehicles until the afternoon. Through the rest of the day -- or through the rest of the week, it was normally cloudy and cold.
MR. KRATZ: The roadways from within the Avery property, when you got there on the 6th, would you describe that condition for us, please.
BRETT BOWE: In the salvage yard?
MR. KRATZ: Yes.
BRETT BOWE: They were very muddy. They were covered in water. Some of them had as much as a foot of water on them. So we had to be very careful where we drove inside the salvage yard. For the first few days, we didn't take squads down in there. We would use four wheel drive vehicles if we had to get in there, or walk through it.
MR. KRATZ: I think there's only three exhibits left. Why don't you tell us, what's the next exhibit you have?
BRETT BOWE: Eighty-six.
MR. KRATZ: What does that show?
BRETT BOWE: The aerial photo of the entire property from the north.
MR. KRATZ: So what would be the exact opposite of 85; is that right?
BRETT BOWE: Correct.
MR. KRATZ: Opposite end?
BRETT BOWE: Correct.
MR. KRATZ: Now, I am going to show Exhibit No. 86. Virtually the same view as 85, just from the north instead of the south; is that right?
BRETT BOWE: Correct.
MR. KRATZ: You had mentioned that there were some searches on areas that surrounded the Avery property, including some gravel pits. Exhibit 87 and 88, are those related to any of those searches?
BRETT BOWE: These are photos that would have been taken inside of one of the gravel pits.
MR. KRATZ: All right. Do you know, by looking at 87 and 88 which pit, or is that too difficult to testify to?
BRETT BOWE: Yeah, I wouldn't be sure.
MR. KRATZ: All right. Are you able to identify Exhibits 87 and 88 or not?
BRETT BOWE: No.
MR. KRATZ: All right. We'll save those for another witness. What was your schedule? In other words, how often were you there; and were you ever relieved; and did you ever go home from that location?
BRETT BOWE: I arrived Sunday morning, approximately at 7:30. Lieutenant Sippel had been there since Saturday. I stayed through Sunday, stayed Sunday night. Lieutenant Sippel went home Sunday night and came back Sunday (sic) morning. I stayed until Monday afternoon, actually Monday evening. I think I left around 7:30 at night. And then I returned the following morning again at about 7:00. So we were both there during the day and then we took turns being there at night.
MR. KRATZ: So how many hours straight would you be there and then how many hours would you be off?
BRETT BOWE: Generally, between 30 and 36 hours we would be there. And then we would be off the property roughly 12 hours.
MR. KRATZ: All right. How long did that last, again, for?
BRETT BOWE: I left Friday night and didn't return to the property. Lieutenant Sippel had returned Friday morning and then I believe he was the last one off the property Saturday when they left.
MR. KRATZ: The 12th?
BRETT BOWE: Yes.
MR. KRATZ: Referring to Exhibit 86, which is the last exhibit and the one that's shown, the buildings, both the residences and the outbuildings, who was responsible for coordinating the searches of those?
BRETT BOWE: That was coordinated by Investigator Wiegert and Agent Fassbender.
MR. KRATZ: Okay. So the cars and the property itself was your responsibility; is that right?
BRETT BOWE: Correct.
MR. KRATZ: The buildings, that is, the interior searches, was the lead investigator's; is that right?
BRETT BOWE: Correct.
MR. KRATZ: Did you participate in any of those interior searches or was your responsibilities limited to exterior or vehicle searches?
BRETT BOWE: The only participation I would have had with the interior searches is if Investigator Wiegert or Agent Fassbender required one of the teams from inside one of the buildings to move somewhere else. I may advise them of that or send somebody to assist them in moving, but that was my only involvement.
MR. KRATZ: All right. Finally, Lieutenant Bowe, I'm going to direct your attention to March 1st and 2nd of 2006; did you return to the property on those two days?
BRETT BOWE: Yes, I did.
MR. KRATZ: And what were your responsibilities on March 1st and 2nd?
BRETT BOWE: On the 1st and 2nd, they executed a search warrant for Mr. Avery's residence and his detached garage. I was keeping track of the individuals entering an exiting Mr. Avery's residence.
MR. KRATZ: Is there a term for that?
BRETT BOWE: I was logging them in and out.
MR. KRATZ: Okay. You weren't involved, however, in any active searching?
BRETT BOWE: No, I was not.
MR. KRATZ: All right. I would move admission of Exhibits 79 through 86 at this time, Judge.
MR. STRANG: I don't have any objection.
THE COURT: Very well, those exhibits are admitted.
MR. KRATZ: I'm sorry. That's all I have of this witness.
THE COURT: Mr. Strang.
MR. STRANG: I would like to start with Exhibit 85, if we could.
CROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: Good morning, Lieutenant.
BRETT BOWE: Good morning.
MR. STRANG: I have got Exhibit 85 up on the screen, for no -- Well, I picked this one only because at least north is to the top, which is where we're used to looking at on maps. And you told us where the security points, the 24 hour security points -- that's my term not yours --
BRETT BOWE: Yes.
MR. STRANG: -- but you know the four corners --
BRETT BOWE: Four corners, yes.
MR. STRANG: -- that you described. Before I get to those for just a moment, you were logging people in and out of this whole 40 acre area from November 6th, for you, through the 11th or the 12th, as well, weren't you?
BRETT BOWE: Yes. Are you referring to the entrance?
MR. STRANG: Well, that's where I'm going to go. And when I say you logging, I don't mean you personally necessarily, but that was one of the tasks you were overseeing?
BRETT BOWE: I did not oversee that, but there was an individual logging people in and out of the property.
MR. STRANG: Okay. And where was that done?
BRETT BOWE: Primarily, that was done where Avery Road met 147. There was a squad car parked right on Avery Road, at the entrance.
MR. STRANG: Okay. So, although -- although Avery Road, which runs north to 147 and 147 was roughly east/west at that point?
BRETT BOWE: Yes.
MR. STRANG: Although Avery Road is paved, it -- it really only goes one place?
BRETT BOWE: Correct.
MR. STRANG: Dead ends at a cul-de-sac just outside the business entrance?
BRETT BOWE: Yeah, the pavement just ends right about in this area. And then everything else is gravel driveways from there, so.
MR. STRANG: So when you, for example, would come for one of these 30 to 36 hour shifts, you would get checked in or logged in up north of this photo where you turn off 147 --
BRETT BOWE: Yes.
MR. STRANG: -- to come down Avery Road?
BRETT BOWE: Yes, I would.
MR. STRANG: The logging in would involve somebody visually identifying you and either you writing your name on a log sheet or the officer with the log sheet writing your name down?
BRETT BOWE: Correct.
MR. STRANG: Now, once you became familiar to the officers keeping the log, that's pretty quick in terms of identifying you.
BRETT BOWE: We still had to identify who we were, the officers weren't familiar with us at all, so.
MR. STRANG: And it was a rotating group of officers who were --
BRETT BOWE: Yes.
MR. STRANG: -- doing the logging?
BRETT BOWE: Yes, it was.
MR. STRANG: Okay. And you weren't necessarily coming in uniform as you are today?
BRETT BOWE: I always wore my work jacket so I had my patches and my badge.
MR. STRANG: Okay. But even there, yes, we can see you are from the Calumet County Sheriff's Department, but we want your name.
BRETT BOWE: Right. Right.
MR. STRANG: The purpose for -- Well, first of all, when -- when -- You are familiar with that sort of logging operation?
BRETT BOWE: Yes, I am.
MR. STRANG: In fact, you did it on March 1st and 2nd?
BRETT BOWE: Yes.
MR. STRANG: At the smaller area of Mr. Avery's house?
BRETT BOWE: Yes, I did.
MR. STRANG: When you are logging people in and out, the purpose is to log everyone in and out, correct?
BRETT BOWE: Yes, it is.
MR. STRANG: I'm sorry?
BRETT BOWE: Yes, it is.
MR. STRANG: Okay. Now -- And in general, if there's an ongoing search or law enforcement effort, in general, the idea would be to keep the public out; that's one idea, right?
BRETT BOWE: That's one aspect of it, yes.
MR. STRANG: And in general, another aspect would be to know which law enforcement officers are in?
BRETT BOWE: Right. The primary purpose is to keep track of who came onto the property.
MR. STRANG: Now, this isn't to say that some members of the public might not be allowed in. I mean, someone who had a trade purpose or someone who needed to pick up medication; if there was some particular good reason for a member of the public to come in, somebody at that perimeter logging point either can make the decision or could radio back and decide whether to let someone in for a particular purpose or not?
BRETT BOWE: Yes, they could.
MR. STRANG: Law enforcement officers, it's not so much that you are trying to keep them out, but you want -- you want to know who's in and who's leaving?
BRETT BOWE: Correct.
MR. STRANG: Just to keep track of bodies and personnel and some control over the scene?
BRETT BOWE: Correct.
MR. STRANG: Was that the -- During a week in November, roughly a week in November when you were out there Sunday through Friday, was the log check in point you have described the only place that people were being logged in and out?
BRETT BOWE: Yes, it was.
MR. STRANG: Now, let's go, as I said, to the four security points. Do you still have the laser?
BRETT BOWE: Yes, I do.
MR. STRANG: Okay. The one at the northwest corner, 24 hours a day somebody -- and I assume they changed shifts -- but someone would be in the squad car sitting up there?
BRETT BOWE: Yes, they would be in the area.
MR. STRANG: Either in their squad car or wandering around?
BRETT BOWE: Around on foot, yes.
MR. STRANG: Somewhere close. All right. And the squad car -- I don't know if you ever went over there to see this personally, but the squad car presumably would be parked near the end of that gravel road?
BRETT BOWE: Yes.
MR. STRANG: Within yards, really, of the one burn barrel that stands -- that stands, you know, east and a little bit north of Steven Avery's trailer?
BRETT BOWE: Are you talking the one on the other side of the driveway?
MR. STRANG: Yeah, we -- we -- we have seen the burn barrel that's -- I don't know how to describe it other than east and a little bit north.
BRETT BOWE: Up in this area.
MR. STRANG: Yeah, somewhere up in that area.
BRETT BOWE: Yes.
MR. STRANG: Okay. That's -- that's the general area where that perimeter guard would be posted?
BRETT BOWE: Correct.
MR. STRANG: And then you did the other four corners. These folks would get out of their cars from time to time and walk the perimeter a little bit?
BRETT BOWE: They would get out of their vehicles; they would stretch their legs, walk around their car, yeah.
MR. STRANG: And overnight, you know, 11 at night until 7:00 in the morning, in general, less searching, less active searching was going on?
BRETT BOWE: Generally, when it got dark, we didn't search.
MR. STRANG: So other than folks at the Command Post and these perimeter guards, many of the law enforcement personnel on the scene would go home or go somewhere?
BRETT BOWE: Correct.
MR. STRANG: And come back the next day with daylight?
BRETT BOWE: Yes.
MR. STRANG: So I understand you don't know how many or what the total number of law enforcement officers involved were, but the numbers sound to me like dozens and dozens.
BRETT BOWE: During the day?
MR. STRANG: Yes, during the day, I'm sorry.
BRETT BOWE: Depending on which day it was, yeah.
MR. STRANG: Could have been something close to a hundred, a little above, a little below?
BRETT BOWE: I think a hundred would probably be the max.
MR. STRANG: At peak?
BRETT BOWE: At one day, yeah.
MR. STRANG: In any event, though, at night, after dark, we would drop down to the four perimeter guards and then maybe a handful of people at one or both Command Posts?
BRETT BOWE: Correct.
MR. STRANG: Now, if I understood you, on the search assignment responsibility, was sort of a -- kind of a simple division. You were -- You and Lieutenant Sippel were responsible for assignments on open area searches and car or vehicle searches in the salvage yard?
BRETT BOWE: Yes, we were.
MR. STRANG: And then Investigator Wiegert and Special Agent Fassbender were in charge of assignments for searches within buildings, so to speak, on the Avery property?
BRETT BOWE: Yes.
MR. STRANG: There were plenty of tasks available for people in either your area of responsibility or the area of responsibility covered by Mr. Wiegert and Mr. Fassbender?
BRETT BOWE: I'm not sure what you are asking.
MR. STRANG: Well, I mean, there were a number of officers involved in searching inside buildings and then a number of people involved searching the open areas?
BRETT BOWE: Yes, there were.
MR. STRANG: Okay. Now, at -- This scene, I think we know this, but you know this scene is in Manitowoc County, not Calumet County?
BRETT BOWE: Yes, it is.
MR. STRANG: So this was -- this was an atypical investigation for you?
BRETT BOWE: Because of the location?
MR. STRANG: For a number of reasons, but specifically the location. I mean, you are -- you are out of county?
BRETT BOWE: Yeah, I'm not familiar with the roads.
MR. STRANG: Right. It's just -- it's atypical in the sense that it's out of county for you?
BRETT BOWE: Somewhat.
MR. STRANG: And you knew -- you knew the reason for that, in general, was that a decision had been made the day before you got there, to turn over investigative control to Sheriff Pagel, who runs your department?
BRETT BOWE: Yes.
MR. STRANG: And then, of course, the department under him, the Calumet County Sheriff's Department.
BRETT BOWE: Yes.
MR. STRANG: That -- Your understanding was the decision was because there might be an appearance of a conflict of interest involving the Manitowoc County Sheriff's Department?
BRETT BOWE: Possibly. I was not in part of that discussion at all.
MR. STRANG: Okay. All right. But you were told that Sheriff Pagel was in charge?
BRETT BOWE: Yes.
MR. STRANG: And then Investigator Wiegert?
BRETT BOWE: Yes.
MR. STRANG: And, of course, Mr. Fassbender is from the Division of Criminal Investigation, not either one of the sheriff's departments?
BRETT BOWE: Correct.
MR. STRANG: Okay. You were aware of a lawsuit that Steven Avery had pending against Manitowoc County at the time?
BRETT BOWE: Yes, I was.
MR. STRANG: A federal lawsuit, was your understanding?
BRETT BOWE: Just what I heard on the news. I really didn't keep track of it.
MR. STRANG: Sure. You -- You had contact, though, with a number of Manitowoc County Sheriff's Department officers during the six days that you were there?
BRETT BOWE: Yes, I did.
MR. STRANG: And -- And officers from all kinds of departments in the area, right?
BRETT BOWE: Correct.
MR. STRANG: Two Rivers Police Department, Mishicot Fire Department, all kinds of different departments assisted?
BRETT BOWE: Yes.
MR. STRANG: Wisconsin State Patrol sent a large complement of troopers?
BRETT BOWE: Yes.
MR. STRANG: So this was a collaborative effort of a large number of law enforcement officers from a variety of agencies?
BRETT BOWE: Yes.
MR. STRANG: You were aware that some of the Manitowoc County Sheriff's Department officers, in particular, had strong feelings about Mr. Avery and his lawsuit?
BRETT BOWE: I'm not aware of that. Nobody voiced that to me.
MR. STRANG: You didn't discuss the lawsuit of Mr. Avery --
BRETT BOWE: No.
MR. STRANG: -- one way or the other?
BRETT BOWE: No.
MR. STRANG: You met, during your time there, another -- actually someone of your rank, a lieutenant from the Manitowoc County Sheriff's Department named James Lenk?
BRETT BOWE: Yes, I did.
MR. STRANG: Had you known Lieutenant Lenk before?
BRETT BOWE: No.
MR. STRANG: But met him sometime during that week?
BRETT BOWE: Sometime, yeah.
MR. STRANG: He was in and out, involved in this effort?
BRETT BOWE: Yes.
MR. STRANG: You had also met Sergeant Andrew Colborn from the Manitowoc County Sheriff's Department?
BRETT BOWE: Yes.
MR. STRANG: Again, he too had some role and was in and out at various times?
BRETT BOWE: Correct.
MR. STRANG: Neither one of those two gentleman told you, as one of the assigning officers of open field and car searches, that they had been deposed, had their depositions taken in Mr. Avery's lawsuit, did they?
BRETT BOWE: No.
MR. STRANG: And no one else told you that either?
BRETT BOWE: No.
MR. STRANG: Did you meet a Manitowoc County Sheriff's Department detective named Dave or David Remiker?
BRETT BOWE: Yes.
MR. STRANG: He had some role too, during the course of the six days?
BRETT BOWE: Yes.
MR. STRANG: An investigator from Manitowoc County Sheriff's Department named Dennis Jacobs?
BRETT BOWE: Yes.
MR. STRANG: Same thing, in and out --
BRETT BOWE: Yes.
MR. STRANG: -- with some role in this? Were -- Were -- At any time were Mr. Lenk, Mr. Colborn, Mr. Remiker, and Mr. Jacobs in your area of responsibility; that is, involved in open field or car searches?
BRETT BOWE: No, they were not.
MR. STRANG: Is it fair to conclude, then, if you know, that they were in Investigator Wiegert and Special Agent Fassbender's area of search responsibility?
BRETT BOWE: Yes, they were.
MR. STRANG: Had you been asked to give up a couple of your guys and take, let's say, Lenk and Colborn, for open field and vehicle searches, you could have done that?
BRETT BOWE: Yes, I could have.
MR. STRANG: I mean, to some extent, the bodies were interchangeable?
BRETT BOWE: I was provided with a group of people and I put them in a place.
MR. STRANG: Right.
BRETT BOWE: Yes.
MR. STRANG: And I guess it was a poorly phrased question, but you were aware that there were some very specialized, trained people from the Wisconsin State Crime Laboratory in Madison who were among the people involved in the search efforts?
BRETT BOWE: I was aware the Crime Lab was on scene; I'm not sure what they were -- what their function was.
MR. STRANG: Okay. But -- But you are aware that -- that the Crime Lab has people with some specialized talents, whether that's fingerprints or --
BRETT BOWE: Correct.
MR. STRANG: -- trace evidence recovery, that kind of thing?
BRETT BOWE: Correct.
MR. STRANG: Okay. When you -- If you now go forward to March 1st and March 2nd, 2006.
BRETT BOWE: Okay.
MR. STRANG: So we're not quite four months, but going on four months later. That's the next time, actually, that you were back to the Avery salvage property?
BRETT BOWE: Yes.
MR. STRANG: And this is the time when, in connection with a search warrant, your role is to log people in and out of Mr. Avery's trailer, his home?
BRETT BOWE: Correct.
MR. STRANG: There was someone else logging people in and out of his garage right next door?
BRETT BOWE: Correct.
MR. STRANG: So these positions, logging people, it's a fairly small area that you were responsible for?
BRETT BOWE: Yes.
MR. STRANG: The idea being to be quite careful or meticulous about logging who comes and who goes?
BRETT BOWE: Yes.
MR. STRANG: I mean, in other words, essentially, you would have a visual on the area that you are responsible for logging?
BRETT BOWE: Yes.
MR. STRANG: While you were there on March 1 and March 2, 2006, you were in a position to see and I think, actually, to log much of this. But you at least saw carpeting removed from the hallway in Steven Avery's home?
BRETT BOWE: I saw them carry carpeting out, yes.
MR. STRANG: And -- and you were back in the trailer yourself, after the carpeting was removed.
BRETT BOWE: Yes, I was. I believe I helped them remove some stuff.
MR. STRANG: Okay. So what you know is that the hallway that runs back to the extra bedroom and the bathroom and the master bedroom to the south, that hallway there had all the carpeting removed and carried out by law enforcement?
BRETT BOWE: I believe so, yes.
MR. STRANG: You saw the carpet removed, similarly, from the entire master bedroom?
BRETT BOWE: Yes.
MR. STRANG: Sort of wall-to-wall carpet that was just removed?
BRETT BOWE: Yes.
MR. STRANG: You saw the mattress removed from the master bedroom?
BRETT BOWE: Yes.
MR. STRANG: The box springs.
BRETT BOWE: Yes.
MR. STRANG: And the entire bed frame in pieces?
BRETT BOWE: Yes.
MR. STRANG: Rails, head board, foot board, that kind of thing?
BRETT BOWE: Correct.
MR. STRANG: Pillows, you saw taken?
BRETT BOWE: They may have been; I believe they were bagged.
MR. STRANG: And then you were -- you were aware, in your role of logging the trailer, that actually the wood paneling in the master bedroom, or Steven's bedroom, was pulled off the walls and taken out?
BRETT BOWE: Yes, it was.
MR. STRANG: All of it, from that bedroom?
BRETT BOWE: I'm not sure if all of it was taken or not; I wasn't in there when they did that. But they took out several pieces, yes.
MR. STRANG: Okay. And I'm trying to remember if, you know, if the inside of the closet was and I don't either, but you saw a number of --
BRETT BOWE: I saw pieces --
MR. STRANG: -- pieces --
BRETT BOWE: -- come out of the residence, yes.
MR. STRANG: -- of the paneling on the walls?
BRETT BOWE: Yes.
MR. STRANG: Right down to the septic trap being removed from below that, beneath that residence?
BRETT BOWE: I didn't see that come out, but I'm aware that they took that, yes.
MR. STRANG: You were not aware of what was going on in the garage?
BRETT BOWE: No.
MR. STRANG: That was not your responsibility?
BRETT BOWE: No, other than what I could see from my vantage point, I didn't know what was happening in there.
MR. STRANG: Okay. Lieutenant Lenk and Sergeant Colborn were not in the residence on March 1 and March 2; is that your best recollection?
BRETT BOWE: I don't recall them being in there at all, no.
MR. STRANG: But do you recall them there and involved in the garage search?
BRETT BOWE: I don't recall them. I would have to check the log.
MR. STRANG: Okay. Well -- And one way or the other, you just don't recall now?
BRETT BOWE: I don't recall. I'm familiar with them, but I don't know that I have really even talked to them much.
MR. STRANG: Fair enough.
MR. STRANG: That's all I have got. Thank you. Oh, I'm sorry. I'm sorry.
MR. STRANG: (By Attorney Strang)~ For the moment, I'm not going to mark these five pages that I'm showing you, because I don't know whether you will recognize them or not, but I will ask you. What do you say?
BRETT BOWE: I haven't seen them before. I believe they are going to be a log in for March 1st and March 2nd for entering the property.
MR. STRANG: But you haven't seen them before?
BRETT BOWE: I haven't seen these before, no.
MR. STRANG: None of it is your writing.
BRETT BOWE: No.
MR. STRANG: Or the log sheets you kept for the house on March 1 and 2?
BRETT BOWE: No. No. In fact, I'm on here.
MR. STRANG: Very good. Was there a separate log point just to get on the property on March 1 and March 2?
BRETT BOWE: Yes, there was.
MR. STRANG: So someone actually had to log in twice, then, if he was involved --
BRETT BOWE: If you entered --
MR. STRANG: -- in the search?
BRETT BOWE: If you entered -- Yeah, if you entered the garage or the residence, we -- we would keep track of people entering and leaving those parts. But anybody who entered the property also logged in when they got there and when they left the property.
MR. STRANG: And was that out, again, at Highway 147 and Avery Road?
BRETT BOWE: I believe that was down around Barb's residence.
MR. STRANG: Closer in, because this was a smaller search area?
BRETT BOWE: It was a much smaller search area.
MR. STRANG: This page, on its face, says it was cut by a Gary Schultz of your department. And I'm curious, is that -- is that form the sort of log sheet that you were keeping on March 1 and 2?
BRETT BOWE: This is the form that we used. These were actually created for our large scale searches. The top has the group leader listed and that's how we broke it down and kept track of them that way. We used these to log people in and out of the residence because we had them available.
MR. STRANG: Have you seen this page before?
BRETT BOWE: I don't recall seeing this page before. This was kept by Officer Schultz.
MR. STRANG: You recognize the form, though?
BRETT BOWE: Yes, I do.
MR. STRANG: Same type of form you used on March 1 and 2?
BRETT BOWE: Yes, it is.
MR. STRANG: The form, then, is kept in the ordinary course of the business of the Calumet County Sheriff's Department?
BRETT BOWE: This was something that was created on scene for our large -- like I said, our large scale searches.
MR. STRANG: Right.
BRETT BOWE: And when we came back, we had these left over, so we decided to use them because they were set up with the in and the out and we could keep track of.
MR. STRANG: Sure. And then the person keeping track is simply recording observations he or she makes at about the time he or she is observing who is coming and going?
BRETT BOWE: Yes.
MR. STRANG: And then you folks kept these in the regular course of the business of the sheriff's department?
BRETT BOWE: Yes.
MR. STRANG: Okay.
(Exhibit No. 125 marked for identification.)
MR. STRANG: (By Attorney Strang)~ So now that we have Exhibit 125 --
MR. KRATZ: Judge, could -- could I inquire of counsel whether he intends to ask any specific information on that form? If he does, then I do need to be heard. If he is just showing the form, the kind of form, I don't have any objection.
MR. STRANG: I have no -- no objection to going to side bar for a moment --
THE COURT: All right.
MR. STRANG: -- if Mr. Kratz wishes.
(Side bar taken.)
MR. STRANG: (By Attorney Strang)~ So we have the first page that you looked at and then Mr. Buting was kind enough to gather up the rest of the pages of that. So I think we have got five pages now.
MR. KRATZ: What was the exhibit number, Mr. Strang?
MR. STRANG: It's 125.
MR. KRATZ: Thank you.
THE COURT: Is this the first page, been marked as 125?
MR. STRANG: But I'm going to staple it so we have a complete exhibit.
MR. STRANG: Okay. And so there is no mystery, pages two through five are just like page one. I mean, it's the same form, running log, and page five where it ends is a partial page?
BRETT BOWE: Correct.
MR. STRANG: Okay. This isn't something that you recall ever seeing before, this specific document, or is it?
BRETT BOWE: Not this first page, no.
MR. STRANG: The other pages you do or ...
BRETT BOWE: There's one page, page number 3, where I have initialed off on it, that would have been a lunch break. Officer Schultz and I, we had a pickup truck parked between the residence and the garage.
MR. STRANG: Mm-hmm.
BRETT BOWE: We stayed in that truck and we watched our perspective posts.
MR. STRANG: Sure. Okay.
BRETT BOWE: When we took a lunch break, everybody was cleared out. He took his lunch break. I took over the log and just verified that nobody entered and then I initialed off that everybody was out of the garage.
MR. STRANG: You had reason to know that -- that Gary Schultz was doing the same job for the garage that you were doing for the trailer?
BRETT BOWE: Correct.
MR. STRANG: Log --
BRETT BOWE: Yes.
MR. STRANG: -- people --
BRETT BOWE: Yes.
MR. STRANG: -- into the garage?
BRETT BOWE: Yes.
MR. STRANG: And, again, in general, I mean, this is a form you recognize and you yourself used the same form on the same days, but for the trailer rather than the garage?
BRETT BOWE: Correct.
MR. STRANG: Okay. I will -- I will move the exhibit -- admission of Exhibit 125. I will just staple the five pages together so it's complete.
THE COURT: All right. Mr. Kratz, do I understand the State wishes to be heard?
MR. KRATZ: Yes, Judge. But that can be after -- after examination of this witness.
THE COURT: All right. The Court will reserve ruling at this time on the request for admission.
MR. STRANG: And that is all I have.
THE COURT: Mr. Kratz, anything on redirect?
MR. KRATZ: Just two questions.
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Lieutenant Bowe, Mr. Strang asked you, at night, if there were -- it was dark in the -- in the salvage area. Is that completely accurate?
BRETT BOWE: No, it is not. Through most of the time, we had a light set up in the southeast corner of the salvage yard. They would be set up down in this area where her vehicle was found.
MR. KRATZ: Her being Ms Halbach's?
BRETT BOWE: Yes.
MR. KRATZ: What kind of lights are we talking about?
BRETT BOWE: We're talking floodlights that are run off of a generator.
MR. KRATZ: So that quadrant, the southeast quadrant, would be lit up even during night time hours; is that true?
BRETT BOWE: Yes, it was.
MR. KRATZ: And the final area of inquiry I have, Lieutenant Bowe, is the search responsibilities in your unit, that is, open fields and vehicle searches; did that include citizen searches?
BRETT BOWE: There was one group of citizen searchers that requested to assist. We allowed them to search the open field north of the residence. They actually started from 147, worked their way down. They were told to stay out of the line fence along the edge of the property and they were watched to make sure that they didn't go near that. And they worked back and worked their way back up to the highway.
MR. KRATZ: They never entered the 40 acre perimeter?
BRETT BOWE: Correct. I believe they had two representatives that came into the property and spoke with the investigators and myself. And that was the only involvement they had inside the property.
MR. KRATZ: Now, within the 40 acre perimeter, individuals who may have been involved in searching vehicles; did those include non-sworn law enforcement officers?
BRETT BOWE: Yes, they did.
MR. KRATZ: And did those individuals, then, have any specialized training, to your knowledge, in either evidence collection or evidence processing?
BRETT BOWE: No, they did not.
MR. KRATZ: Now, conversely, the officers who searched the interior, that is, those that Mr. Fassbender and Mr. Wiegert had responsibility for; was it your understanding that those officers required a higher level of expertise?
BRETT BOWE: The individuals that they were utilizing were evidence techs, which means that they have been specifically trained to preserve and gather evidence.
MR. KRATZ: All right. Obviously, a different kind of expertise than a volunteer firefighter; is that right?
BRETT BOWE: Yes, sir.
MR. KRATZ: That's all I have for this witness, Judge. Thank you.
THE COURT: Mr. Strang.
MR. STRANG: Thank you.
RECROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: When we were talking about dark out before, we were -- we meant the sun going down --
BRETT BOWE: Mm-hmm.
MR. STRANG: -- correct? Teresa Halbach's Toyota already had been removed from the scene before you came on Sunday morning, November 6th?
BRETT BOWE: Correct.
MR. STRANG: But if I understood you, nevertheless, you kept generators and some bright lights down in that southeast corner of the property anyway?
BRETT BOWE: Yes.
MR. STRANG: The rest of the property was not similarly illuminated at night?
BRETT BOWE: My understanding was they had initially set the lights up where her vehicle was.
MR. STRANG: Mm-hmm.
BRETT BOWE: Once her vehicle was removed, they kept the lights running at night. They would reposition them from night to night. Most of the time they illuminated this corner. Sometimes they illuminated out into this area. But they would move them around.
MR. STRANG: Great, thanks.
THE COURT: All right. You are excused.
Members of the jury, at this time we'll take our lunch break. Again, I remind you not to discuss the case during the break and we'll resume after lunch.
(Jury not present.)
THE COURT: You may be seated. Mr. Kratz, the State wishes to be heard on the defense request to admit Exhibit 125?
MR. KRATZ: We do, Judge. Actually, Mr. Fallon has asked for an opportunity to discuss that. Again, in candor to the Court, we believe eventually this exhibit is going to be received, just not through this particular witness. We may be withdrawing our rejection, but we would ask to be allowed to inform the Court of that after the lunch break.
THE COURT: Oh. All right. We'll take our lunch break now and resume at 1:00.
MR. KRATZ: Thank you.
(Noon recess taken.)
THE COURT: At this time we're back on the record, outside the presence of the jury. I will indicate for the record that before resuming this afternoon I met with counsel in chambers concerning a request that had been made to the Court from a juror for permission to ask a question.
And it's the Court's policy, at least in criminal cases, not to permit jurors to ask questions, for a variety of reasons. I have prepared a statement to read to the jury when they return and I provided a copy of that statement to the attorneys.
And, counsel, I just wish to confirm for the record that the parties are in agreement with the statement the Court proposes to read. Mr. Kratz.
MR. KRATZ: Yes, Judge. Your Honor, the State has received the Court's anticipated response and we have no objection.
THE COURT: Mr. Strang.
MR. STRANG: We think it's a good response.
THE COURT: All right. At this time, then, we'll bring the jurors in.
(Jury present.)
THE COURT: You may be seated. Members of the jury, before we begin with the first witness, I have a statement I wish to read to you.
The Court has received a request from a juror that the Court ask a -- an additional question of the last witness. The Court appreciates the jury's interest and attentiveness in this case, but in criminal cases, the Court does not permit jurors to submit questions to witnesses, for a variety of reasons.
In our adversary system, it is the duty and responsibility of the attorneys for each side to ask the questions. Sometimes a juror may ask a question about evidence which is inadmissible and the Court does not want the jury to speculate about why a question may not be allowed to be asked.
Other times the jury may be anticipating evidence that will be introduced later. The parties have the right to control the order in which the evidence is received.
To assist you in performing your important task, you are allowed to take written notes during the trial. At the end of the trial each juror will receive a written copy of the Court's final instructions. However, for the reasons that I have stated, among others, I must tell you that the jury will not be allowed to pose questions for witnesses in this case. You are to draw no inference for or against either party, because of that restriction.
Mr. Kratz, you may call the State's next witness.