4.Cindy Paine — Direct
128 linesCOURT CLERK: Please raise your right hand.
TROOPER CINDY PAINE, 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.
CINDY PAINE: It's Cindy Paine, P-a-i-n-e.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Ms Paine, how are you employed?
CINDY PAINE: I'm with the Wisconsin State Patrol.
MR. KRATZ: And what do you do with the State Patrol?
CINDY PAINE: I'm a trooper with the patrol.
MR. KRATZ: What do troopers do?
CINDY PAINE: We're -- Generally do traffic and traffic enforcement and we enforce the state laws of Wisconsin, the traffic laws.
MR. KRATZ: Do you on occasion assist with and are you asked sometimes to assist in other general criminal investigative matters?
CINDY PAINE: Yes, we are asked by other agencies to assist with either perimeter searches, perimeter -- we secure perimeter or we do searches.
MR. KRATZ: Trooper Paine, were you employed as a State Trooper on the 8th of November, 2005?
CINDY PAINE: Yes, I was.
MR. KRATZ: And on the 8th of November, were you asked to participate and assist in some search efforts at a property that you have come to know as the Avery Salvage Yard?
CINDY PAINE: Yes, I have.
MR. KRATZ: Could you describe what your duties were at that Avery Salvage Yard that day.
CINDY PAINE: We were divided into several groups. And each individual group had an area to search. And I remained with this group and I had searched the area.
MR. KRATZ: Do you recall what your group was comprised of; in other words, how many people were in your little group?
CINDY PAINE: I don't remember how many people, but I know there were troopers, there were deputies, there were firefighters, citizen volunteers. It wasn't one particular group.
MR. KRATZ: What kind of searches were you doing?
CINDY PAINE: We were searching -- We were looking for, specifically, a license plate, jewelry and camera equipment.
MR. KRATZ: Okay. A more directed, a more specific kind of search; is that ...
CINDY PAINE: Correct.
MR. KRATZ: All right. And in part of that search, do you remember how many vehicles you, individually, or your group searched?
CINDY PAINE: I would guess around 20.
MR. KRATZ: Do you remember how many volunteers and law enforcement officials were there to help in that effort that day?
CINDY PAINE: The whole day?
MR. KRATZ: That day.
CINDY PAINE: I mean -- I mean, the whole --
MR. KRATZ: The whole search?
CINDY PAINE: No, I don't.
MR. KRATZ: How many people were involved in the search effort; do you remember?
CINDY PAINE: I would guess over 90 troopers --
MR. KRATZ: Okay.
CINDY PAINE: -- and inspectors.
MR. KRATZ: A lot of people?
CINDY PAINE: A lot of people.
MR. KRATZ: Were there a lot of cars?
CINDY PAINE: A lot of cars.
MR. KRATZ: All right. As part of this search, Trooper Paine, do you recall a person in your group being a gentleman by the name of William Brandes?
CINDY PAINE: Yes, I do.
MR. KRATZ: At some time during that search, do you recall being summoned by Mr. Brandes to a specific car?
CINDY PAINE: Yes, I was.
MR. KRATZ: Tell the jury what you saw, please.
CINDY PAINE: He had pointed out that he had found a license plate and he said that it had -- it was the license plate we were looking for and he had pointed it out to me.
MR. KRATZ: Did you look at the license plates?
CINDY PAINE: Yes, I did.
MR. KRATZ: We're going to have those marked, in fact, right now. Mr. Wiegert has been kind enough to put on a pair of gloves for us and we're going to have these exhibits marked.
(Exhibit No. 141 marked for identification.)
MR. KRATZ: But while he's doing that, tell me what you saw.
CINDY PAINE: I saw a license plate that had a bend in it and it was in the back of a station wagon. You have got the driver compartment and then where it would be from the driver's seat back is where the license plate was found.
MR. KRATZ: Did Mr. Brandes tell you what condition those plates were in when he found them?
CINDY PAINE: He told me that they were folded; he had to unfold them to verify -- to see the plate number.
MR. KRATZ: Were you told and did you know, specifically, the license plate number for Teresa Halbach's vehicle that you were looking for?
CINDY PAINE: Yes.
MR. KRATZ: And did the license plates that you saw match the tag number or license plates of Teresa Halbach?
CINDY PAINE: Yes.
MR. KRATZ: I'm just going to show you a photo; it's Exhibit 141. Tell the jury what that is, please.
CINDY PAINE: This is a photograph of the license plate the way I saw it when it was pointed out to me.
MR. KRATZ: Who took that photo?
CINDY PAINE: I did.
MR. KRATZ: Showing the jury, now, what's been identified by you as No. 141; what are we looking at?
CINDY PAINE: We're looking at the license plate as it sat in the back part of that station wagon, in the condition that Bill had left it at.
MR. KRATZ: Bill Brandes?
CINDY PAINE: Yes.
MR. KRATZ: Who took this photo?
CINDY PAINE: I did.
MR. KRATZ: And so do you know that to be what you saw that day?
CINDY PAINE: Yes.
MR. KRATZ: The license plate, SWH-582, is that depicted in Exhibit No. 141?
CINDY PAINE: Yes, it is.
MR. KRATZ: And, in fact, are those -- was that a match with the license plates that you were told you were looking for?
CINDY PAINE: Yes.
MR. KRATZ: Mr. Wiegert is going to hand you and show you two exhibit numbers now. I will bet they are 142 and 143.
MARK WIEGERT: I wouldn't touch them, though.
MR. KRATZ: I'm wrong again.
COURT CLERK: 152 and 153.
MR. KRATZ: (By Attorney Kratz)~ 152 and 153. I'll first show you what is marked 152 and ask you to identify that, if you can and tell the jury what it is?
CINDY PAINE: That would be the license plate that we were looking for, the registration number.
MR. KRATZ: All right.
MR. KRATZ: Mr. Wiegert, could you show us and show the jury, please.
MR. KRATZ: (By Attorney Kratz)~ Now, the differentiation between these two, this 152, that actually has a expiration tag on it; is that correct?
CINDY PAINE: That is correct.
MR. KRATZ: That would usually be the back plate or the front plate?
CINDY PAINE: That would be the rear plate, yes.
MR. KRATZ: Show you No. 153 now, tell us what that is.
CINDY PAINE: And that would also be the license plate for -- the license plates we were looking for.
MR. KRATZ: Would that be the front plate or the back plate?
CINDY PAINE: That would be the front plate.
MR. KRATZ: And you are able to identify those and they look the same or similar, other than being separated, as they did on the 8th of November; is that correct?
CINDY PAINE: That is correct.
MR. KRATZ: Judge, we will move the admission of the photos and the two license plates at this time.
(Exhibits 139, 140, 141, 152 & 153.)
THE COURT: Any objection?
MR. STRANG: No objection.
THE COURT: Very well. The exhibits are received.
MR. KRATZ: That's all I have. Thank you.
THE COURT: Mr. Strang.
MR. STRANG: Ma'am, I don't mean to make you feel left out, but I'm not going to ask you any questions.
CINDY PAINE: Okay. Thank you.
THE COURT: All right. The witness is excused. And I think with that witness, we're going to adjourn for today.
Members of the jury, since you are leaving for the weekend, I'm going to read the usual admonishment to you, but in a little more detail. As I have previously informed you, the Court's decision not to sequester the jury in this case is dependent on the jurors not listening to, watching, or reading any news accounts of the case, nor discussing it with anyone including members of your family or other jurors.
For these reasons, it is vital that you do not listen to any conversation about this case. Do not read any newspaper or internet reports, or listen to any news reports on the radio or television, about this case.
To assure that you are not exposed to improper media coverage, the Court has ordered that for the duration of the trial you do not watch the local news on television. Do not listen to the local news on radio. And do not read the newspaper unless you first have someone remove any articles about this case. In addition, do not visit any internet websites or web logs which may include any information about the case.
The Court understands that some of you may be working at places of employment during the weekend; do not discuss the case with any employers, employees, or patrons.
Do not volunteer your status as a juror to anyone. If anyone attempts to discuss the case with you, politely but firmly notify them that you are prohibited from discussing this case.
If you are involuntarily exposed to information about the case from any source, take steps to immediately avoid any further exposure. Should you be exposed to any reports or communications from any source concerning the case during the trial, you should report that fact to the jury bailiff.
With that, you are excused at this time and we will see you Monday morning.
(Jury not present.)
THE COURT: Counsel, I would like you to stop very briefly in chambers before leaving today.
MR. KRATZ: We'll do that.
THE COURT: Just a second, the Clerk has a few questions.
COURT CLERK: Clerk, I think this was --
MR. BUTING: This was not marked, right?
COURT CLERK: And I am --
THE COURT: All right. Just a minute, if you're going to say this is not marked and we're on the record, let's identify it.
MR. BUTING: This being DCI Report No. 180, which was Special Agent Fassbender's report that he refreshed his recollection on. It's not been admitted -- or not offered as an exhibit. It just got mixed in here.
THE COURT: So you -- you do not wish it -- not only do you not want it admitted, you do not want it marked?
MR. BUTING: At this time, I don't see any need to.
THE COURT: Any objection?
MR. KRATZ: No, it was just used to refresh recollection, doesn't have to be an exhibit.
MR. BUTING: 145 was marked and not able to be identified. I guess we leave that.
THE COURT: It will stay marked.
MR. BUTING: We'll see if another witness identifies it or not.
COURT CLERK: And my own question is, I know Attorney Strang is making a copy of that CD for one of the exhibits and the other exhibit, 127, I think a copy of -- let me find that one -- it was a photo of the aerial view of Avery Road and that I'm waiting for.
MR. KRATZ: That you could not find from the previous hearing and that's the one that you wanted us to make another copy of.
COURT CLERK: That's right.
MR. KRATZ: We promise to do that, Judge.
COURT CLERK: And then one the 148, 149, 151, which were all photographs, am I getting copies of those too?
MR. KRATZ: Yes.
MR. STRANG: I burned a copy of the CD which is Exhibit 126. And then when I opened it to make sure that the computer duped it as it said, it had all of about three seconds on it. So I'm going to do that again this weekend. So that's why we don't have that yet.
THE COURT: All right. We're adjourned for today.
MR. KRATZ: Thank you.
(Proceedings concluded.)