3.William Brandes, Jr. — Direct/Cross
153 linesCOURT CLERK: Please raise your right hand.
WILLIAM BRANDES, JR., 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.
WILLIAM BRANDES, JR.: William Brandes, Jr., B-r-a-n-d-e-s.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Brandes, thank you for coming. And can you tell the jurors, please, from what community you come?
WILLIAM BRANDES, JR.: Brillion, Wisconsin.
MR. KRATZ: And I think everybody knows where Brillion is, but in case they don't, tell the jurors, where Brillion is located.
WILLIAM BRANDES, JR.: Right near the Manitowoc/Calumet border, right in Calumet County, about 15 miles from here.
MR. KRATZ: Mr. Brandes, on the 8th of November of 2005, were you asked and did you in fact participate in a volunteer search of the Avery Salvage Yard?
WILLIAM BRANDES, JR.: Yes, I did.
MR. KRATZ: And in what capacity did you assist in that search?
WILLIAM BRANDES, JR.: I was with a group of State troopers and other volunteer firemen, I believe, searching a search section of the Avery junkyard.
MR. KRATZ: Were you assigned or paired up with somebody?
WILLIAM BRANDES, JR.: I don't know about paired up, but there was a group of maybe 10 of us, maybe a few more.
MR. KRATZ: Were there -- Again, from what organization were you volunteering?
WILLIAM BRANDES, JR.: The Brillion Fire Department.
MR. KRATZ: Were there any sworn law enforcement officers in your group?
WILLIAM BRANDES, JR.: Yes, the Wisconsin State troopers were with us.
MR. KRATZ: All right. And, again, about how many people were in your search team?
WILLIAM BRANDES, JR.: Roughly 10, maybe a few more.
MR. KRATZ: Do you know how many volunteer or firefighter and law enforcement searchers were involved on the 8th?
WILLIAM BRANDES, JR.: Quite a few, not offhand.
MR. KRATZ: Okay. What were your responsibilities that day; what did you do?
WILLIAM BRANDES, JR.: We were just given a section to search and search every vehicle, very thoroughly, around it, and see if there was anything that looked out of place or might seem suspicious. And we were also instructed that they were looking for certain items, what the victim had been wearing, a certain shirt and jeans, you know, that might be that. And license plates they were looking for. And there was some -- I think that was about it.
MR. KRATZ: All right. Did you assist and did you help perform searches of these vehicles?
MR. KRATZ: Tell the jury what kind of searches these were; how did you search the vehicles?
WILLIAM BRANDES, JR.: You just slowly go over each vehicle. And there were multiple people going over them. Go inside them. If you couldn't get the trunk open, some of them they pried the trunk open. Or you just looked through them real good. Anything like clothing or something, you actually took it out and probably handled it. Looked around, you know. Looked under stuff, if you could, just to find out what you could find.
MR. KRATZ: About how many vehicles did you search that day, personally; do you recall?
WILLIAM BRANDES, JR.: Yeah, quite a few, maybe 50.
MR. KRATZ: All right.
WILLIAM BRANDES, JR.: Maybe more.
MR. KRATZ: I'm sorry to interrupt you. Do you remember the area or was there a specific area that you were assigned to search?
MR. KRATZ: What area was that?
WILLIAM BRANDES, JR.: As you went in, it was more to the right, around the back of a shed and toward, kind of like a fence line that was on the Avery property.
MR. KRATZ: You have some photos in front of you; is that right?
MR. KRATZ: First photo, I think it's Exhibit 139; is that right?
WILLIAM BRANDES, JR.: I have no numbers.
MR. KRATZ: Let's look on the back?
WILLIAM BRANDES, JR.: Oh, sorry.
MR. KRATZ: There you go.
WILLIAM BRANDES, JR.: Yup, 139.
MR. KRATZ: Thank you. Can you tell the jury, what is Exhibit 139, please.
WILLIAM BRANDES, JR.: That is the station wagon I found the license plates in.
MR. KRATZ: You recognize the photo in 139; is that right?
MR. KRATZ: We're just going to talk about that one first, for a minute. Going to show the jury, now, what's been identified as Exhibit No. 139. And if you could refer to the large screen up here for us; tell us what we're looking for? There's a laser pointer, if that will help you.
WILLIAM BRANDES, JR.: You are actually looking -- I don't know what the direction is, I think it's toward the south. But there's a road they are standing on, that's the edge of the property. And it's right along a fence line that kind of contains the property.
And from where you are standing, to your left would be the entrance to the property. You would actually go through that and around that blue building to come in; that's the way we came in.
MR. KRATZ: Do you recognize this station wagon?
MR. KRATZ: Did you search or look in this station wagon?
MR. KRATZ: Tell the jury how you did that, please.
WILLIAM BRANDES, JR.: I was just walking along. I was actually on the driver's side searching. And there were a bunch of weeds. We crawled through the weeds and looked in.
And I looked -- I peered in the back and behind what would be the passenger side seat. The back seat was folded down flat. And behind the passenger side seat was a set of what ended up to be license plates, but at that time were folded like in three different -- folded twice inward, so you could not see a number or the -- anything on them.
MR. KRATZ: The license plates were folded, describe that for me.
WILLIAM BRANDES, JR.: Like, if you take them and fold them in with one thumb and then fold the other one on top again so they were like pinched together.
MR. KRATZ: The plates were folded?
MR. KRATZ: Were you wearing any protective items on your hands at the time?
WILLIAM BRANDES, JR.: I -- Just gloves that I had owned.
MR. KRATZ: All right. You had gloves on?
WILLIAM BRANDES, JR.: Yeah.
MR. KRATZ: What did you do when you found that item in this vehicle?
WILLIAM BRANDES, JR.: I picked them up. And when I figured out they were license plates, I had slowly peeled them open. And I wasn't quite sure with the number on them, but I thought I had something, so there was a State trooper next to me and I asked her what the number was. She repeated it because she had written it down.
MR. KRATZ: That number, what number are you talking about?
WILLIAM BRANDES, JR.: The license plate number inside. Because they were folded in, you couldn't read them until I unfolded them. And when she confirmed that them were the license plates we were looking for, I gently set them back down inside the car.
MR. KRATZ: Did you call over the law enforcement officer, the trooper, to then take over or take control of the plates?
WILLIAM BRANDES, JR.: Yes, she was actually, like, standing right next to me.
MR. KRATZ: Okay. After the plates were set back down, do you recall a photograph being taken of those?
MR. KRATZ: And how did that occur; do you know?
WILLIAM BRANDES, JR.: They rode in and there were a bunch of people that came in. We actually didn't move and I think an investigator came in and photographed it.
MR. KRATZ: Okay. We have put another picture in front of you; what is that? It's No. 140; is that right?
WILLIAM BRANDES, JR.: Yes. That was taken from the -- I believe the passenger side, kind of right over the fence. And that's where they were laying, right in there in the back of the seat -- or on the seat in the back.
MR. KRATZ: Does that show the interior of the vehicle, the location where you found the plates?
MR. KRATZ: And now, I will have the jury look at Exhibit No. 140. Referring to the large exhibit, then, can you tell us what that is?
WILLIAM BRANDES, JR.: That's on -- like -- like, right under that fence wire would be where the plates were located.
MR. KRATZ: Why don't you take that laser pointer -- and I know this may not be comfortable for you, but show us where you found the plates.
WILLIAM BRANDES, JR.: Right in that general area there.
MR. KRATZ: And they were folded in thirds?
MR. KRATZ: And when you looked in that vehicle, could you see the license plate number, or did you have to open them to see it?
WILLIAM BRANDES, JR.: They had to be opened to be seen.
MR. KRATZ: I think, for this witness, Judge, that's all I have. Thank you Mr. Brandes.
THE COURT: Mr. Strang.
CROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: Let's go back to, how about Exhibit 86, just for old times sake, I guess. I'm going to show you an aerial -- show you a aerial view of a property Mr. Brandes.
WILLIAM BRANDES, JR.: All right.
MR. STRANG: Now, yeah, I will take the laser printer -- or pointer. Could we -- Well, do you recognize Exhibit 86?
MR. STRANG: Aerial view of the Avery property, south is up?
MR. STRANG: Okay. And the area you are describing is somewhere down here?
MR. STRANG: I'm probably blocking people, but at least I'm not blocking you.
MR. KRATZ: Mr. Strang, do you want me to zoom in at all?
MR. STRANG: I will.
MR. STRANG: (By Attorney Strang)~ Can you see this?
WILLIAM BRANDES, JR.: Well, I have to look around you, but I can make it out.
MR. STRANG: Like my dad said, I would make a better door than a window. How's that?
WILLIAM BRANDES, JR.: Sure.
MR. STRANG: Okay. Now we both can see. So, that's the little blue building that we saw in the two photos you have, or in the first photo that you have; does that seem right or is it actually down like that?
WILLIAM BRANDES, JR.: I think the one you have, yeah, that's the building.
MR. STRANG: So that station wagon is somewhere right there?
MR. STRANG: Okay.
MR. STRANG: And why don't we zoom in on that, if we can, Mr. Kratz.
MR. STRANG: (By Attorney Strang)~ Is it possible to pick the station wagon out from here or no?
WILLIAM BRANDES, JR.: I believe so. I believe it's next to.
MR. STRANG: I will let you do that.
WILLIAM BRANDES, JR.: I think that's it right there.
MR. STRANG: Okay.
WILLIAM BRANDES, JR.: Shaking it.
MR. STRANG: Everybody does. And what we have got, running --
MR. STRANG: If we go back to -- let's do 139 and then we'll go to 140, if you don't mind, Mr. Kratz. These are the two you just had.
MR. STRANG: What you have got there is a barbed wire fence --
MR. STRANG: -- is that right? And the fence is between the road or the little gravel road. The photography appears to be on the station wagon in which you found the license plates.
MR. STRANG: And then 140 --
MR. STRANG: Any chance of 140 or are you on strike? Thank you.
MR. STRANG: (By Attorney Strang)~ We have got the barbed wire fence, again?
MR. STRANG: So you actually, to get to the station wagon, you would go in the entrance to the building, or the business, I'm sorry.
WILLIAM BRANDES, JR.: Yeah, we would have gone around the building.
MR. STRANG: And come around. You didn't come at this from that roadway?
MR. STRANG: Okay. Have you ever seen a -- ever seen a men's wallet called a tri-fold wallet?
MR. STRANG: Was that sort of how the license plates --
WILLIAM BRANDES, JR.: Exactly.
MR. STRANG: -- were? And you were saying on direct that, you know, probably as you looked at these license plates, the most likely way to do that would be to take your thumb and bend it over from one end and then bend it over from the other again --
WILLIAM BRANDES, JR.: I guess.
MR. STRANG: -- with your hands?
MR. STRANG: That's what it looked like to you?
WILLIAM BRANDES, JR.: Yeah.
MR. STRANG: Okay. And maybe you don't remember the license plate number, but so there's no mystery; did you recall the license plate number being the one that you were told was on Teresa Halbach's car?
WILLIAM BRANDES, JR.: I didn't have it written down. I had to ask the State trooper. And she had it written in a book. And when she looked, that's when I confirmed it was it.
MR. STRANG: Maybe Trooper Cindy Paine?
WILLIAM BRANDES, JR.: I believe that was her name.
MR. STRANG: Okay.
MR. STRANG: That's all I have for you.
THE COURT: Anything else, Mr. Kratz?
MR. KRATZ: No. We'll call Trooper Cindy Paine next.
THE COURT: All right. The witness is excused. Counsel, how much time are we anticipating for the next witness?
MR. KRATZ: How much do I anticipate or Mr. Strang? I will be five minutes, Judge.
THE COURT: I'm going to be asking each of you.
MR. STRANG: I can't imagine I would be any longer than I was.
THE COURT: All right. We'll take the trooper.