2.Andrew L. Colborn — Direct/Cross (Part 1)
1,468 linesCOURT CLERK: Please raise your right hand.
SERGEANT ANDREW L. COLBORN, 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.
ANDREW L. COLBORN: Andrew L. Colborn, C-o-l-b-o-r-n.
MR. KRATZ: You don't have to be quite so close.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Colborn, can you tell us, how are you employed, please.
ANDREW L. COLBORN: I'm a patrol sergeant with the Manitowoc County Sheriff's Department.
MR. KRATZ: How long have you been a law enforcement officer?
ANDREW L. COLBORN: Since 1996.
MR. KRATZ: Prior to 1996, what did you do?
ANDREW L. COLBORN: I was a Corrections Officer from 1992 to 1994, also with the Manitowoc County Sheriff's Department.
MR. KRATZ: What does a Corrections Officer do?
ANDREW L. COLBORN: A Corrections Officer is a non-sworn, non-law enforcement officer, that is a responsibility for security of the jail.
MR. KRATZ: All right. How was it that you became a sworn law enforcement officer?
ANDREW L. COLBORN: When a position opened up at the Manitowoc County Sheriff's Department, I did perform the State written test, performed an agility test, went on an eligibility list, and eventually I was selected.
MR. KRATZ: What are your current duties with the Manitowoc County Sheriff's Department?
ANDREW L. COLBORN: I'm a assistant shift commander for the noon to 8 shift so I have some administrative duties and then I have some patrol duties.
MR. KRATZ: Prior to being selected as a law enforcement officer, did you have any duties in your prior life that in any way prepared you for being a law enforcement officer?
MR. KRATZ: Sergeant, you hold the rank of sergeant?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And in early November of 2005, did you hold that same rank?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: What were your duties back in early November of '05?
ANDREW L. COLBORN: Essentially the same duties that I hold today. I was a patrol supervisor on -- I work a six day on, three day off rotation. So on the days that the lieutenant that's assigned to the shift is off, I would be the shift commander.
MR. KRATZ: So you have supervisory responsibilities as well?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: I'm going to direct your attention to November 3rd of 2005, ask if you were employed on that evening?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Do you recall what your duties were on November 3rd?
ANDREW L. COLBORN: I was the shift commander for the noon to 8 shift, that's the shift I'm assigned to.
MR. KRATZ: Sometime during that shift, Sergeant Colborn, were you informed of a Calumet County missing persons investigation that was ongoing?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And being involved in that -- or excuse me, being aware of that investigation, were you asked to assist in any way?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Tell the jury how you were asked to assist?
ANDREW L. COLBORN: I was contacted by, I believe it was inspector or Investigator Mark Wiegert from the Calumet County Sheriff's Office, who contacted the dispatch center by telephone, who then transferred the call to my patrol car.
He asked if I could respond to, I believe he gave me the address of 12928 Avery Road. He asked if I knew where that was and I told him, yes, I believe that that was the address of Avery Auto Salvage. And he asked if I could go there and check for a missing person because they had a missing person report that had generated in Calumet County and it had been determined, through the course of their investigation, that she had been out at the Avery Salvage Yard, taking pictures of a vehicle that was for sale.
MR. KRATZ: At the time that Investigator Wiegert asked for your assistance, did Investigator Wiegert tell you other places within Manitowoc County that Ms Halbach had known to have been on the 31st of October?
ANDREW L. COLBORN: I don't believe in the -- in the initial phone call that he did.
MR. KRATZ: All right. Some time later that evening you heard?
ANDREW L. COLBORN: Yes, sometime later that evening he gave me another address on County Highway B and another name and asked me to check there as well.
MR. KRATZ: What name was that, just so -- we're going to eventually get there?
ANDREW L. COLBORN: I believe the first name was George; I know the last name was Zipperer.
MR. KRATZ: Sergeant Colborn, are you at all familiar with the Avery salvage business itself?
ANDREW L. COLBORN: Yes.
MR. KRATZ: Tell the jury how you are familiar with that business.
ANDREW L. COLBORN: I have been, personally, a customer of the Avery Auto Salvage business; as well as, I have had contacts there through with law enforcement. And I have children that are the same age as some of the owners of Avery Auto Salvage, so I had contact with them through the course of school events.
MR. KRATZ: All right. Let's take those -- Well, when we discuss this, I'm going show you what's been received as Exhibit 86, can you tell us what that is, please.
ANDREW L. COLBORN: That's an overhead, like an airplane view, birds-eye view of the Avery Auto Salvage.
MR. KRATZ: Prior to the 3rd of November, 2005, had you been to that property?
ANDREW L. COLBORN: Prior to 2005?
MR. KRATZ: Prior to November 3rd of 2005, had you been to that property?
ANDREW L. COLBORN: Yes.
MR. KRATZ: And under what circumstances, can you tell the jury about that?
ANDREW L. COLBORN: Again, as a customer.
MR. KRATZ: Let's talk about that, first. What do you mean as a customer.
ANDREW L. COLBORN: I have several older vehicles, one, as a matter of fact, is a 1950 Chevrolet pickup truck. And I -- in the process of tinkering around with it, I have gone to several auto salvage and I have always been referred to the Avery Auto Salvage as the place to go if you are looking for an older model vehicle parts -- or parts for an older model vehicle.
MR. KRATZ: Was there one person in particular that you would normally have contact with at the Avery Auto Salvage?
ANDREW L. COLBORN: No, actually, usually there were two; either I had contact with Charles Avery or Earl Avery.
MR. KRATZ: All right. They are brothers and, in fact, the owners of the business; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Let me ask you this, Sergeant Colborn, if you know, prior to the 3rd of November, 2005, when was the last time you were at the Avery Auto Salvage business?
ANDREW L. COLBORN: I think the last time I was at the Avery Auto Salvage business would have been 1999.
MR. KRATZ: All right. So at least six years previously?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: But you knew where it was?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Then, on November 3rd, after Mr. Wiegert asked for your help; did you proceed to this scene?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And that's 2005; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you tell the jury, please, what happened when you got there on November 3rd?
ANDREW L. COLBORN: Again, I knew that Earl Avery, who was probably the person that I have had the most contact with or know the best, doesn't live on the Avery Auto Salvage property, so my initial -- what I was initially trying to do was to make contact with Charles Avery, who does reside on there.
I knew Charles to -- I didn't know if he owned the business, but I certainly knew that he managed the business. So I was going to make contact with him and ask him if he had seen someone on the property taking pictures of a vehicle that was for sale.
MR. KRATZ: In looking for Charles Avery, do you remember what building you went to?
ANDREW L. COLBORN: Well, initially, I was kind of surprised when I drove in, because the shop area, a lot of -- there were new buildings and things had changed since the last time I was there. But I was attempting to make contact at his residence, which I believe is right behind that large, square shaped building.
MR. KRATZ: We're handing you a laser pointer to assist you in your --
ANDREW L. COLBORN: I believe that --
MR. KRATZ: -- testimony.
ANDREW L. COLBORN: I thought that was his residence right there.
MR. KRATZ: And you were pointing actually to the residence which would be just the south of the --
ANDREW L. COLBORN: That one right there.
MR. KRATZ: You have to wait until I finish my question, sir. You are pointing to a trailer or a residence just south of the Avery business itself. And I think counsel is willing to stipulate that is Charles Avery's residence.
MR. STRANG: Certainly my understanding.
THE COURT: All right. The record will reflect the stipulation.
MR. KRATZ: (By Attorney Kratz)~ Did you drive or walk into this property?
ANDREW L. COLBORN: I drove.
MR. KRATZ: Can you tell the jury where you came in from, please.
ANDREW L. COLBORN: There is -- To my knowledge there is only one entrance onto the property and that's off Avery Road, which the whole of Avery Road isn't pictured on that picture. But I ended up coming down that dirt road there and parking almost where there is a vehicle parked right now.
MR. KRATZ: Why don't you show us where you parked. If I zoomed into that location would that help us? All right. We have now zoomed in to Exhibit 86, could you, again, show the jury about where it was that you parked.
You are pointing which would be just to the north of the large building, which is something we have been calling the new office or the new shop building; is that correct?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: All right. After parking at that location, tell the jury what happened. By the way, about what time was this that you got there?
ANDREW L. COLBORN: I'm guessing around 7:00, between 6:30 and 7:30.
MR. KRATZ: Was it light out or was it dark?
ANDREW L. COLBORN: It was dark.
MR. KRATZ: After parking there, Sergeant Colborn, what happened?
ANDREW L. COLBORN: I got -- I exited my squad car and I was going to walk down the road, that road right there, in order to access Charles' residence. Almost as soon as I got out of my car I heard something behind me. I turned and Steve Avery was walking towards me and he had come out of that residence right there.
MR. KRATZ: Do you know whose residence that is?
ANDREW L. COLBORN: I believe that's Al and Delores Avery's residence.
MR. KRATZ: Did you have any conversation with Steven Avery at that time?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: And could you describe that conversation for the jury, please?
ANDREW L. COLBORN: I think Steve initiated the conversation with me by asking me what I wanted, what I was doing there.
MR. KRATZ: Were you dressed similar to what you are dressed today?
ANDREW L. COLBORN: Yes, I was in uniform.
MR. KRATZ: Did you have a marked squad car?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: What did you tell Mr. Avery?
ANDREW L. COLBORN: I told Avery -- Mr. Avery, that there was -- I had received a call from Calumet County and that they had informed me that there was a girl missing from Calumet County and asked him if she had come out to their property to photograph a vehicle that they were selling.
MR. KRATZ: Did Mr. Avery have a response for you?
ANDREW L. COLBORN: Yes, he said that she had been there.
MR. KRATZ: Did he tell you what day she had been there?
ANDREW L. COLBORN: I think I might have told him that, what day that she should have been out there. I don't recall if we mentioned a date, but I do remember asking him what time she had been out there.
MR. KRATZ: Did Mr. Avery recall this young woman?
MR. KRATZ: Did he name her for you?
MR. KRATZ: Did he tell you what she had done at his property that day?
ANDREW L. COLBORN: He said that she was taking some pictures of a van that his sister was selling.
MR. KRATZ: Mr. Avery tell you how long the woman had been on his property?
ANDREW L. COLBORN: He said 5 or 10 minutes.
MR. KRATZ: Did you inquire of Mr. Avery whether or not he had personal contact with this woman on the date she was out there?
ANDREW L. COLBORN: I asked Mr. Avery if she had said where she was going. And he said, I never talked to her. She was only here 5 or 10 minutes and she left.
MR. KRATZ: But he never talked to her?
ANDREW L. COLBORN: That's what he told me, he never talked to her.
MR. KRATZ: Did he describe that further, how he knew she was there?
ANDREW L. COLBORN: He said he saw her out the window taking the pictures.
MR. KRATZ: Okay. Did you complete that conversation with Steven Avery? Do you recall that conversation?
ANDREW L. COLBORN: I told Mr. Avery that her parents and her family were getting worried and was he sure that she didn't mention where she might have been going after she left. And he said, no, I didn't talk to her. She was only here a few minutes and then she left.
MR. KRATZ: What was Mr. Avery's demeanor like as he was talking to you; was he cooperative?
ANDREW L. COLBORN: Yes, he was very cordial.
MR. KRATZ: Mr. Avery indicate to you the time, that is, when this young woman had been on his property?
ANDREW L. COLBORN: He said he thought between 2:00 or 2:30.
MR. KRATZ: What did you do then?
ANDREW L. COLBORN: I believe I thanked him for talking with me and I started to get back in my car. And I believe Mr. Avery told me that he hoped she turned up soon.
MR. KRATZ: What did you do then?
ANDREW L. COLBORN: I left. I left the property and I contacted -- he is the under sheriff of our department now, but at the time he was the deputy inspector of the operations division. I called him.
MR. KRATZ: What's his name?
ANDREW L. COLBORN: Greg Schetter. And I let him know that Calumet County was investigating a missing persons case and that one of the places that it had been mentioned that this party was at was on -- at the Avery Salvage Yard and I just left there and made contact and that I was unable to locate that person. And he suggested that I probably contact Lieutenant Lenk and see if he wanted -- if Lieutenant Lenk wanted any of our detectives to assist Calumet County in searching any place else.
MR. KRATZ: Did you do that?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: And did you speak with Lieutenant Lenk that evening?
ANDREW L. COLBORN: Yes, by phone. And then when I got into the department, because prior to going into the department I went past the other residence. I must have also contacted Investigator Wiegert and let him know that I hadn't located.
And he, I believe, at that time told me of the other address. So I purposely drove past that residence. I saw it was dark, but that there were cars in the driveway. But the residence was dark. I didn't see any lights on there. So I ended my tour of duty for patrol.
MR. KRATZ: Let me just stop you. Whose residence was this that you drove past?
ANDREW L. COLBORN: George Zipperer's.
MR. KRATZ: Go ahead. What did you do?
ANDREW L. COLBORN: I ended my patrol tour of duty, but I remained on duty to assist Calumet County Detective Dedering and Detective Remiker in making contact at George Zipperer's residence.
MR. KRATZ: Was that done at that time?
ANDREW L. COLBORN: It was done, you know, within probably a half hour or 45 minutes of my getting back to the department.
MR. KRATZ: The question, Sergeant Colborn, did you assist in that process?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: You mentioned that there was a Calumet detective that was involved, as well as Manitowoc; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: In meeting with the Zipperers?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And, again, do you remember who they were?
ANDREW L. COLBORN: I believe his name is John Dedering.
MR. KRATZ: All right. When you -- I'm just going to go back just briefly to your contact with Mr. Avery. You mentioned that he was cooperative; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: I want you to remember back, as best you can, Sergeant Colborn, at that initial meeting with Mr. Avery, you, Sergeant Andy Colborn, did you have any feelings or any inclination that Mr. Avery may have been involved in Ms Halbach's disappearance?
ANDREW L. COLBORN: Not at that time, no.
MR. KRATZ: Did you do anything on the 3rd of November to further investigate Mr. Avery?
ANDREW L. COLBORN: On November 3rd?
MR. KRATZ: Yes.
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Did you ever go back onto his property on the 3rd?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: After going to the Zipperers with Detective -- I think it was Remiker and Dedering, what did you do after that?
ANDREW L. COLBORN: After we were done, completed at the Zipperers?
MR. KRATZ: Yes.
ANDREW L. COLBORN: I went home. I was done with -- you know, I was already on overtime. I checked out and went home.
MR. KRATZ: Do you know about what time that was?
ANDREW L. COLBORN: 10:30, 11:00 at night, maybe.
MR. KRATZ: All right. Do you remember what you did the rest of that evening?
ANDREW L. COLBORN: Just probably fell asleep on the couch. I went to bed and, you know, fell asleep.
MR. KRATZ: The next day, on the forth of November, were you working that day?
ANDREW L. COLBORN: No, sir, I was off that day.
MR. KRATZ: It's a Friday; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Do you remember what you did on the 4th? We'll get back to that, but do you recall, generally, your day on the 4th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Move your attention one day further, on the 5th, Saturday, the 5th of November; do you recall what you were doing that day or that morning?
ANDREW L. COLBORN: That was also a regularly scheduled day off for me. Yes, I recall what I did on that day.
MR. KRATZ: We'll get into the morning, but let me just jump right to this investigation. Were you contacted at all by any supervisors or superiors that day and asked to participate in this case?
ANDREW L. COLBORN: I was contacted by the noon to 8 shift commander for that day, and he did ask me to come into work and pick up a patrol vehicle and respond out to the Avery Salvage Yard.
MR. KRATZ: Did you do that?
MR. KRATZ: In a marked vehicle?
ANDREW L. COLBORN: Yes, I did take a marked vehicle out there.
MR. KRATZ: And about what time was it that you arrived at the Avery scene itself; do you recall?
ANDREW L. COLBORN: I know I left my house between 4:00 and 4:30. I probably got out to the Avery Salvage Yard between 5:15, 5:30 maybe.
MR. KRATZ: To your best recollection?
MR. KRATZ: What happened when you got to the Avery salvage business?
ANDREW L. COLBORN: I made contact with the same supervisor who had called me and I asked him, what do you want me to do. And he informed me that there was a deputy there that had some personal business or matters to attend to. She had been out there since apparently earlier in the day. And he asked me to transport that deputy back to the department so that she could get her own private vehicle and go home. And then come back out to the Avery Salvage Yard and provide security.
MR. KRATZ: Did you do that?
MR. KRATZ: What did you do when you got back to the Avery business?
ANDREW L. COLBORN: Tried to stay in the car as much as possible because it was pouring rain. But they directed my attention to a place way off in the salvage yard where I could see some lights. And somewhere up in this area here they just told me to sit in the car and not let anyone go down any of these roads.
MR. KRATZ: Providing scene security up near what would be the business buildings?
MR. KRATZ: Did you do that?
MR. KRATZ: How long did you have that responsibility.
ANDREW L. COLBORN: Maybe like an hour, hour and a half. And I was then told that, actually, I could go home. So I was preparing to do that. I was checking all my equipment to make sure I had everything that I got out there -- came out there with. And then I was told that I was going to be needed in a different capacity and not to go home.
MR. KRATZ: All right. Let me ask you this, Sergeant Colborn, any time that day, any time on the 5th of November, did you ever make your way down towards the pond, or down towards the southeast quadrant of the Avery salvage property?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Could you point to that area for us, with the laser pointer. Point to the northeast corner of the property. I'll specifically ask you about that area, did you go near that area at all on the 5th of November?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: How about on the 3rd when you were there 2 days earlier, talking to Steven Avery?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: And were you down there at all on the 4th of November?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: When initially being told that you could leave, or that you were in effect packing up to leave, who was it that approached you with other duties?
ANDREW L. COLBORN: Detective Remiker.
MR. KRATZ: Do you know what you were being asked to do then?
ANDREW L. COLBORN: He just said, you may want to check in with Inspector Wiegert -- Detective Wiegert, before you go home, because you can see the huge area here, it's going to have to be checked, and we don't have a lot of people here to do that.
MR. KRATZ: Do you know how many sworn law enforcement officers were on scene at that time, or is that something that you wouldn't even have a guess on?
ANDREW L. COLBORN: No, I didn't take a head count. I don't know. I would ball park it at 50 or less, but I don't know.
MR. KRATZ: All right. Now, 50 sounds like a lot of police officers; do you think that's a lot for that size scene?
MR. STRANG: Irrelevant.
THE COURT: Sustained.
MR. KRATZ: (By Attorney Kratz)~ Did you check in with Investigator Wiegert before you left?
MR. KRATZ: And can you tell the jury, please, what -- what that conversation was?
ANDREW L. COLBORN: I believe he asked me if I was an evidence technician and I said, yes, I am. And --
MR. KRATZ: Let me stop you there. What all goes into being an evidence technician?
ANDREW L. COLBORN: It's an investigative portion, it's an investigative duty some police officers are trained to do and some who may not be interested in that are not. Not every police officer is an evidence technician. You do get special training on how to do photographing, how to identify evidence, how to collect evidence without destroying it.
MR. KRATZ: All right. And you had been through that training?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: With Manitowoc County, that is, with the sheriff's department, had you performed evidence collection duties prior to November 5th of 2005?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: How long had you been an evidence tech?
ANDREW L. COLBORN: Since 1997.
MR. KRATZ: Have you ever executed a search warrant or collected evidence in that capacity before?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: After Investigator Wiegert asked you if you were an evidence tech, what were you told to do?
ANDREW L. COLBORN: I was just told to stand by, not to go home. So I went back out to my patrol car.
MR. KRATZ: And, again, where was that parked, if you can show us?
ANDREW L. COLBORN: I may, you know, have moved it closer to the Command Post, but initially I was parked right in this area here.
MR. KRATZ: Again, near the business buildings?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: How long did you wait for further assignment?
ANDREW L. COLBORN: Maybe 5, 10 minutes.
MR. KRATZ: Now, Sergeant Colborn, did you know what assignment you were going to be given; in other words, did you know where you were going to be directed that night?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: What's the next direction that you recall receiving?
ANDREW L. COLBORN: I believe the next person I made contact with was Sergeant Bill Tyson from the Calumet County Sheriff's Department. And he was with Lieutenant Lenk and Detective Remiker. I believe he came out of the Command Post. They kind of motioned to me. So walked up to them and Sergeant Tyson said, you are going to be working for me and we are going to be going to Steve Avery's trailer.
MR. KRATZ: What did working for me mean, or what do you believe it meant?
ANDREW L. COLBORN: Well, I had been told by this time that the Calumet County Sheriff's Department was leading up this investigation. So I interpreted working for me as, you are the boss and you are going to tell me what to do.
MR. KRATZ: Okay. Were you okay with that?
MR. KRATZ: Did you then proceed with Deputy Tyson to the Steven Avery trailer?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Do you remember how you got there, how you got down there?
ANDREW L. COLBORN: I believe we took two cars. I believe Sergeant Tyson took his Calumet County patrol car and we probably -- I don't think we took my marked unit, I think I got in Detective Remiker's car, or Lieutenant Lenk's car, whichever. It was an unmarked Manitowoc County car.
MR. KRATZ: All right. Tell us again, if you can look at Exhibit 86, now where did you drive, where did you guys go then?
ANDREW L. COLBORN: I had never been to Steve Avery's trailer before so I really didn't know where it was. But we drove down this road to that trailer right there.
MR. KRATZ: I will zoom in again on Exhibit 86; do you recall where the cars were parked?
ANDREW L. COLBORN: I believe we parked them in this driveway here that goes up to that garage.
MR. KRATZ: Do you recall that particular search that evening?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: How is it that you have a independent memory of that first search of Steven Avery's trailer?
ANDREW L. COLBORN: Because I was involved in it.
MR. KRATZ: Okay. Did each of the search team members have a specific responsibility within that trailer, if you know?
ANDREW L. COLBORN: Not really. I did have the specific responsibility of photographing. But as far as collecting, I mean, we all worked as a team. It wasn't like one person went here and one person went there. We were always -- worked together as a team, always within arm's length of one another.
MR. KRATZ: Was that by design, do you know?
ANDREW L. COLBORN: I don't know if it was by design, per se, but it just seemed that this would be the best way for things to work and that we could be the most careful and concise, working together as a team.
MR. KRATZ: All right. Let me ask you, Sergeant Colborn, did you know the kinds of things that you were looking for in Steven Avery's trailer?
ANDREW L. COLBORN: Not specific -- specifically, no.
MR. KRATZ: Was there generally a term of things that you were looking for?
ANDREW L. COLBORN: I was looking for any evidence that would substantiate or eliminate her having been there.
MR. KRATZ: Who's her?
ANDREW L. COLBORN: Teresa Halbach.
MR. KRATZ: What rooms were it that the four of you searched?
ANDREW L. COLBORN: I believe that first night we did search the entire trailer. We started in what I term to be the master bedroom or the largest bedroom.
MR. KRATZ: All right. We have already heard from Sergeant Tyson so what responsibilities -- I'm just talking about you now, not the others -- but what responsibilities did you have in the search of that bedroom?
ANDREW L. COLBORN: Again, initially, I did all the photographing that night with a 35mm camera. And then I was looking in -- there was a bookcase type piece of furniture next to the bed and a desk next to that.
And while I say it's the larger bedroom, it's still kind of a small bedroom so those pieces of furniture were almost tight together. And there was very little distance between the bed and those pieces of furniture, I mean, maybe 2 foot. And that's the area that I was specifically searching --
MR. KRATZ: How many --
ANDREW L. COLBORN: -- in that bedroom.
MR. KRATZ: I'm sorry. How many men were in that bedroom?
ANDREW L. COLBORN: There was myself, Detective Remiker, Lieutenant Lenk and Sergeant Tyson.
MR. KRATZ: I'm going to put on the screen an exhibit which has already been received; it's Exhibit 103. It's a computer generated exhibit. Zoom in, specifically, into the bedroom; does that help you better orient yourself to Steven Avery's bedroom?
MR. KRATZ: Take the laser pointer, please, and tell the jurors in what area you had initial responsibility to search on the 5th of November.
ANDREW L. COLBORN: This cabinet right here, I guess we could call that a bookcase, and this desk right here.
MR. KRATZ: All right. And did you -- Let's talk about the cabinet first. Mr. Wiegert is going to hand you what's been marked as Exhibit No. 203 and on 204, ask if you found those items in Mr. Avery's bedroom on the 5th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Tell the jury where you found them, please.
ANDREW L. COLBORN: That's a shelf right there, there's a little space between that shelf and the top of the cabinet. I found them inside there, inside that area.
MR. KRATZ: Now, after finding or locating a piece of physical evidence during this search, that is, on the 5th, what did you do with that evidence?
ANDREW L. COLBORN: As soon as I located something that, in my opinion, was of evidence, which doesn't necessarily make it evidence, but if it was, in my opinion, to be of evidentiary value, I stopped what I was doing. I informed Sergeant Tyson, hey, I found some leg irons and handcuffs in here.
Then Sergeant Tyson would come over. I would photograph them, then he collected them and put them -- you know, went through the administrative duties that the Calumet County Sheriff's Department requires for logging evidence.
MR. KRATZ: The actual seizure, or the collection of them, was whose responsibility?
ANDREW L. COLBORN: Calumet County's.
MR. KRATZ: Sergeant Tyson?
ANDREW L. COLBORN: Well, on that evening, yes, Sergeant Tyson, sorry.
MR. KRATZ: When you look at Exhibit 103, this computer generated diagram, other than the roof being ripped off, for obvious reasons, does that look the same or similar as it did on the 5th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: You see on the wall above the bed, the headboard, there is a gun rack; do you see that?
MR. KRATZ: Is that how it looked on the 5th of November as well?
MR. KRATZ: Did you see any firearms on that gun rack that aft -- that evening?
ANDREW L. COLBORN: There were two firearms on that gun rack, just pretty much like it is in the picture.
MR. KRATZ: Were you able, Sergeant Colborn, to identify those guns, or at least what kind of guns they were?
ANDREW L. COLBORN: I know as soon as we walked into the room we noticed the guns right away. I probably stood right about here and I could see that one of the guns, I believe it's this lower one, was a muzzleloader, and it had a piece of masking tape on the stock that said Steve.
MR. KRATZ: What about the gun on top; is that a long gun as well?
ANDREW L. COLBORN: It's a .22 caliber rifle.
MR. KRATZ: Now, let me ask you, to the best of your recollection, Sergeant Colborn, were those guns, were those firearms seized from Mr. Avery's bedroom on the 5th of November?
ANDREW L. COLBORN: I don't think we did take them on the 5th of November, no.
MR. KRATZ: So the jury understands, at that time, that is, that first day, that first night that you guys -- you guys meaning the law enforcement -- got there, had Teresa Halbach's body or any of her remains been located?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Did you even know that you were dealing with a crime at that time?
ANDREW L. COLBORN: I -- Initially, we were still treating this more or less as a missing person.
MR. KRATZ: All right. But you were looking for items that had obvious evidentiary value; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: What were some of the other rooms that -- or let me just -- let me just make this clear, while in that room, while in that bedroom searching, did you notice any -- anything on the floor; specifically, did you notice any car key on the floor?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: In looking at, or on top of, either the desk or the bookcase, did you notice any car key or something that may have had obvious evidentiary value in that regard?
ANDREW L. COLBORN: Not really, no.
MR. KRATZ: Okay. What other rooms were searched that night?
ANDREW L. COLBORN: I believe we searched every -- every room in the trailer that evening.
MR. KRATZ: Try to get to a overview here. This has been received as Exhibit No. 102, does this appear to be an overview of the Avery trailer, again, a computer generated diagram?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Lists both bedrooms, the bathroom, living room, dining room and kitchen area; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Each of those rooms searched that evening?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: You said you were taking 35mm photography in that trailer; is that correct?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Were there other photographs also being taken?
ANDREW L. COLBORN: I believe Detective Remiker had brought a small digital camera in as well and he was taking some digital photos as well.
MR. KRATZ: I show you a photo that's been received as evidence. This is Exhibit No. 163 and ask if you recognize this particular photo.
ANDREW L. COLBORN: That's a photograph of the master bedroom area I was just talking about in Steve Avery's trailer.
MR. KRATZ: Is that how it looked on the 5th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Exhibit No. 175, again, which has been received, could you tell us what this is, if you know.
ANDREW L. COLBORN: That's in the living room area of that same trailer, the same residence. And this is like a corner of the living room that was set up as a computer work area.
MR. KRATZ: Was that an area that you and your colleagues searched that evening?
ANDREW L. COLBORN: Detective Remiker was the primary officer that looked at that area, but he did call me over a couple times to have me take pictures of items that he had found.
MR. KRATZ: You can't fit four grown men into that --
ANDREW L. COLBORN: No, sir.
MR. KRATZ: -- corner; is that right? After the search was completed, or when the search was wrapping up, could you tell us how that search ended, how that effort ended?
ANDREW L. COLBORN: The items that we had decided were of evidentiary value that night were placed in Sergeant Tyson's patrol vehicle and he stayed with the evidence. We all went back to the Command Post. And not exactly sure which Calumet County officer told us what time to be there the next day, but we were instructed to return the next day; myself, Lieutenant Lenk, and Detective Remiker. And we all left at the same time.
MR. KRATZ: After leaving the residence on the 5th, can you tell the jury where you went, please.
ANDREW L. COLBORN: I would have gone back to the Manitowoc County Sheriff's Department, which is in the city of Manitowoc and to get my personal vehicle, so I could go home.
MR. KRATZ: Do you know about what time you cleared the scene; in other words, about what time you left, if you remember?
ANDREW L. COLBORN: I'm sorry, I don't. I know it was late, that's all.
MR. KRATZ: The next day, that is, on the 6th of November, were you asked to come back to the scene?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And what were you asked to do on the 6th?
ANDREW L. COLBORN: On the 6th, when I came out there, again, with Detective Remiker and Lieutenant Lenk and I believe just -- this time just Lieutenant Lenk went into the Command Post to make contact with who we would be working with with Cal County that day.
And Detective Remiker and I just kind of waited until he came back out. And we were introduced to Deputy Kucharski. And then Deputy Kucharski informed us what our assignment would be for that day.
MR. KRATZ: Okay. Prior to arriving on the scene, once again, did you know what your assignment was going to be?
ANDREW L. COLBORN: No, I had no idea.
MR. KRATZ: Was an evidence collection team formed or developed that morning, on the 6th?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Do you remember who was involved in that team?
ANDREW L. COLBORN: It was myself, Lieutenant Lenk, Detective Remiker, and Deputy Kucharski, who's a employee of the Calumet County Sheriff's Department.
MR. KRATZ: Once again, was it determined who would be in charge of that group of search individuals?
ANDREW L. COLBORN: After the first day, we didn't, you know -- I didn't need to be told who was in charge, I knew. But Deputy Kucharski told me that he would be responsible for collecting and maintaining security on any evidence that was located that day.
MR. KRATZ: All right. What areas, then, of search were you involved with, if any, on the 6th of November?
ANDREW L. COLBORN: Initially, we started at the garage, at Steve Avery's residence.
MR. KRATZ: Tell me about this garage, please?
ANDREW L. COLBORN: It's a wooden, frame structure, maybe like a car and a half garage. Not -- Not attached to the residence. It had a vehicle parked out in front of it, a black Ford pickup truck.
MR. KRATZ: I show you what's been received in evidence as Exhibit No. 38, can you tell us what we're looking at here, please.
ANDREW L. COLBORN: That's Steve Avery's residence. That's his garage. That's his pickup truck.
MR. KRATZ: All right. And that garage was searched; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Who was that searched by?
ANDREW L. COLBORN: The aforementioned team; myself, Lieutenant Lenk, Detective Remiker, and Deputy Kucharski.
MR. KRATZ: Do you remember the interior of that garage on the 5th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you briefly describe that for the jury?
ANDREW L. COLBORN: There was a smaller sport utility vehicle parked in one half of the garage. It was a Suzuki Samurai. There was a snowmobile also parked in there, a Skidoo snowmobile. And there were some other benches and tools that kind of went all the way around the garage. There wasn't a lot of room in there, with all the other apparatus that was in there.
MR. KRATZ: In this case, already, and I think the defense had asked and has been admitted, Exhibit No. 119, ask you to take a look at Exhibit No. 119. Tell us what we're looking at here.
ANDREW L. COLBORN: That would be the interior of Steve Avery's garage.
MR. KRATZ: Fair to say there's a lot of stuff in there?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: What kind of search was performed of that garage?
ANDREW L. COLBORN: Well, the same type of, you know, search that we had performed the night before in his residence. We were looking for anything that would lead us to believe that there was a missing person in there.
MR. KRATZ: Each of the items that we see, and we can even zoom into some of these things, was each and every one of those items removed from the garage and thoroughly searched, or searched under each and every one of these items?
ANDREW L. COLBORN: No. No, sir.
MR. KRATZ: Wasn't that kind of search?
MR. KRATZ: In a very broad way, that is, in a overview fashion, because we're going to hear from Deputy Kucharski, but in a very broad sense, can you tell us the kinds of things that were recovered or viewed while you were in that garage?
ANDREW L. COLBORN: Almost as soon as we stepped in the garage I noticed, as did everyone else, that there were several spent shell casings lying on the floor of the garage.
MR. KRATZ: What's a shell casing?
ANDREW L. COLBORN: It's the brass portion of a bullet. After the bullet has been expended or fired, the casing is usually ejected through from the firearm and lands in close proximity to the shooter, usually on the ground.
MR. KRATZ: Let me ask you this, Sergeant Colborn, are you familiar with shell casings for different kinds of, or different calibers of firearms?
MR. KRATZ: By visual inspection, that is, without picking them up or without even taking a look at those shell casings, were you able to determine what caliber weapon was used to fire those bullets?
MR. KRATZ: How were you are able to determine that?
ANDREW L. COLBORN: The shell casings that were laying on the ground were small, for one. They were brass and they didn't have a center primer. They had been fired on the corner of the bottom of the casing; in other words, the rim of the casing. And a .22 caliber weapon is one of the only weapons that is a rim fire weapon. Most weapons have a primer in the center of the bullet. This does not; it's fired off the rim.
MR. KRATZ: How many, what you believed were .22 caliber shell casings, were readily apparent or viewable to the naked eye as you entered that garage?
ANDREW L. COLBORN: There were quite a few, 12 maybe, 12 plus.
MR. KRATZ: Do you know for sure?
ANDREW L. COLBORN: No, sir, I don't.
MR. KRATZ: During the course of that search, were the shell casings that were at least out in plain view seized by Deputy Kucharski?
ANDREW L. COLBORN: Yes, we photographed them first, where they were lying. Initially, Deputy Kucharski and I were both doing photographs, but then we thought perhaps that was a bit redundant. So I just let -- Deputy Kucharski felt more than comfortable taking the photographs so I just stopped taking pictures and assisted with locating.
MR. KRATZ: About how long did the search of this garage take?
ANDREW L. COLBORN: One hour, one and a half hours.
MR. KRATZ: Looking at the stuff, I will call it junk; I don't know if I will get an objection about that, but probably not. Looking at the junk that we see here, in a one hour search, were you able to thoroughly search this garage?
ANDREW L. COLBORN: No. I mean, if we were looking for something minute, you could spend easily an hour just in this area right here.
MR. KRATZ: All right. Were you given other search assignments that day?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you tell us where you were next assigned to search?
ANDREW L. COLBORN: I believe the next assignment, I believe, was the Ford pickup truck that was parked right in front of the garage.
MR. KRATZ: And that was Steve's black truck that we had seen before?
ANDREW L. COLBORN: I do have to mention, there were several times, and I believe this was one of them, where we would be searching a specific area, somebody from Cal County would come and say, I need your assistance doing this. So we would stop what we were doing and assist them with another project and then go back. So I believe before we started searching that Ford pickup truck, I was asked to photograph some burning barrels and assist in loading them up into a covered trailer.
MR. KRATZ: All right. Did you do that?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Just as long as we have this picture up, first, we're going to go back to Exhibit 38; was that the truck that you assisted in searching?
MR. KRATZ: Now, you talked about some burn barrels, where were these located?
ANDREW L. COLBORN: Behind or to the side of Steve's garage. There was three or four of them.
MR. KRATZ: Did you know whose burn barrels those were?
ANDREW L. COLBORN: No, I didn't.
MR. KRATZ: You said that there were others that were assisting in the recovery of those; do you know who those other individuals were?
ANDREW L. COLBORN: I didn't know, you know, everyone's name from the Calumet County Sheriff's Department, or the Department of Criminal Investigations that was working there. I just recognized that some of the officers were not at all connected with Manitowoc County, but they were uniformed. And I saw Calumet County, you know, Sheriff's Department patches on their uniforms, but I do not know them by name.
MR. KRATZ: There were some Manitowoc officers also involved?
MR. KRATZ: Those burn barrels, I think a picture of them has been received as Exhibit 52, I'm going to show you that picture; do you recognize that?
ANDREW L. COLBORN: Yes, I took that picture.
MR. KRATZ: Who is that we see in the picture?
ANDREW L. COLBORN: That's Detective Dave Remiker from the Manitowoc Sheriff's Department.
MR. KRATZ: These are the four burn barrels that you assisted in recovering and loading; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Looks like it's raining here again; is that right?
ANDREW L. COLBORN: Yes. I wanted to get a picture to show that we were trying our best to protect the contents of the barrel; that's the reason that tarp is on there.
MR. KRATZ: After those barrels were loaded, did you proceed to complete the search of Steve's black truck?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: All right. After that effort, what did you do then?
ANDREW L. COLBORN: Again, this is going to be one of those times that I was pulled away for another project. We were almost completed with the search of Steve's truck when I was -- again, another Calumet County supervisor told me -- or asked me where the Maribel Caves Park was. And I said, you know, I described where it was, but not being from Manitowoc County, he didn't really know where it was. And he said, well, some searchers have found some things at the Maribel Caves Park, can you go out there; see what they have, if you think it's evidence, pick it up. So myself and Detective Remiker went out to Maribel Caves Park where we made contact with a civilian search party. And they showed us some things that they had found and we ended up bagging them up and turning them over to the Calumet County Sheriff's Department.
MR. KRATZ: What did do you then?
ANDREW L. COLBORN: When I got back, then, I believe, the search of Steve's truck, I think, had been completed then. You know, in my absence, Deputy Kucharski had completed the search and then I would have to take a look at his report to see what our next assignment was. I believe we were sent to Chuck Avery's residence -- no, either Chuck's or Steve's sister. And I'm not positive which one was next.
MR. KRATZ: Who's Steve's sister?
ANDREW L. COLBORN: Her first name is Barb. I believe at that time her last name was Janda.
MR. KRATZ: All right. Did you assist in the search of Barb Janda's trailer?
MR. KRATZ: And we're going to hear from Detective Remiker later, but do you recall being present when a telephone answering machine was located.
MR. KRATZ: This has been received as Exhibit No. 55, can you tell us what we're looking at, please.
ANDREW L. COLBORN: I believe that's the answering machine that was in Barb Janda's residence.
MR. KRATZ: Who else was present when this answering machine was investigated or searched?
ANDREW L. COLBORN: It was the same search team that had gone into Steve Avery's garage; Lieutenant Lenk, myself, Detective Remiker, and Deputy Kucharski.
MR. KRATZ: Were the messages on this machine examined?
ANDREW L. COLBORN: When we -- When we found the answering machine, I saw that there were messages on there. I said, let's unplug it and take the answering machine. And, of course, the conversation between all of us, we said, well, what if somehow in the unplugging process we lose the messages. So, yes, we hit the play button and listened to the messages and Detective Remiker recorded the messages as they were being played.
MR. KRATZ: Did you have occasion that day to reenter Steven Avery's trailer?
ANDREW L. COLBORN: I believe that was the day that I was asked to -- our whole team was asked to go back into Steve's trailer and obtain serial number -- I think that was the day -- that we were asked to obtain a serial number off Steve's computer, the tower portion of his computer.
MR. KRATZ: Are you sure about that, or are you guessing?
ANDREW L. COLBORN: I'm not positive if that was the day or not. I know that was one of the assignments that I completed. I thought it was that day, but I'm not positive. I do know, also, that that day we had to go back into Steve Avery's trailer and collect his weapons.
MR. KRATZ: Can you, again, describe those weapons.
ANDREW L. COLBORN: He had a, like a two place or gun rack over his bed. There were two weapons on the gun rack; one was a .22 caliber rifle, and the other was a -- if I remember correctly -- was a .50 caliber muzzleloader.
MR. KRATZ: We're going to have these marked, actually.
MR. KRATZ: Mr. Fallon, if you could have them marked.
MR. FALLON: They're marked.
MR. KRATZ: Oh, I'm sorry.
MR. KRATZ: (By Attorney Kratz)~ Do you see a picture of the .22 caliber rifle?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And what exhibit number is that?
ANDREW L. COLBORN: It is Exhibit 164.
MR. KRATZ: See if I can find that here. Do you recognize Exhibit No. 164?
ANDREW L. COLBORN: Yes, it's a .22 caliber rifle that we located in Steve Avery's bedroom.
MR. KRATZ: I have put up a photograph of Exhibit No. 164; again, does that .22 caliber rifle look the same or similar as it did when it was seized on the 6th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Did you, by the way, that day, on the 6th, have occasion to, at all, inspect or further inspect, that rifle?
ANDREW L. COLBORN: When we collected the rifle, in order to manage an evidence room, we first needed to make sure that the weapon wasn't loaded. So I did pull the action back to see if it was going to eject a round. And I believe I pulled the tube out, which is under the barrel there.
MR. KRATZ: Why don't you show you us with the laser pointer.
ANDREW L. COLBORN: That portion of the weapon is the magazine. To load it, you pull a tube out, I believe, an insert rounds through that notch right there.
This is the action of the magazine; it's a semi-automatic weapon. So I pulled this action back to see if there was a round inside the barrel. And I believe the safety is right there on the weapon and I would have checked to make sure that the safety was on, because if someone handling the weapon, obviously, if it was loaded with the safety off, it could fire.
MR. KRATZ: Sure. Are you familiar with a semi-automatic rifle such as Exhibit No. 164?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Now, a tube loaded or a tube fed magazine, for those on the jury that aren't gun enthusiasts, can you tell us just -- just generally how that works?
ANDREW L. COLBORN: This portion of the weapon right here is where it's loaded. At the very end here, you can twist a knob and you pull out like a plastic plunger and you load -- you would have to turn the weapon almost upside down. But if you can see that, there's a little notch there, that's where you put the rounds in and then you just slide this tube back in until it locks.
And if it doesn't lock, you put too many rounds in. You have to get it so that that locks. As you fire the weapon, there's a spring on there and it just keeps pushing the rounds back to the chamber.
MR. KRATZ: After a .22, you mentioned a rim fire bullets, but after the shell casings are ejected, where do they come out of?
ANDREW L. COLBORN: Out of that area right there, that silver area.
MR. KRATZ: And with a semi-automatic weapon, do you have to reload it, or cock it, or do anything that any -- any action like that that we might hear with other weapons?
ANDREW L. COLBORN: No, sir. A semi-automatic weapon will continue to fire as fast as you can pull the trigger. You must release the trigger to its sear each time, but it will continue to fire as fast as you can pull the trigger, until all the shells are expended.
MR. KRATZ: By the way, Sergeant Colborn, I don't know if you know this, but do you know what kind of weapon this is; what brand name weapon?
ANDREW L. COLBORN: I know when we catalogued the weapon, when we took it, and when Deputy Kucharski took it in as evidence, I read the manufacturer name to him, but I don't recall who manufactured that weapon.
MR. KRATZ: That's fine. Thank you. You said there was a second weapon that was seized; is that right?
ANDREW L. COLBORN: Yes, sir. You gave me a photograph that's marked Exhibit 165.
MR. KRATZ: Why don't you tell us what that is?
ANDREW L. COLBORN: That's a muzzleloading weapon, similar to like a musket from the Revolutionary War or frontier period. It's called muzzleloading because that's where you load it, through the muzzle.
MR. KRATZ: Where were these items seized from?
ANDREW L. COLBORN: Steve Avery's bedroom, on a gun rack that was hanging above his bed.
MR. KRATZ: Is there anything else that was seized from Mr. Avery's trailer that day, that is, on the 6th of November, that you can recall?
ANDREW L. COLBORN: Not that I recall, no, sir.
MR. KRATZ: Any other buildings that you were asked to search that day?
ANDREW L. COLBORN: Not that I specifically recall, no.
MR. KRATZ: All right.
MR. KRATZ: Judge, before going into the next day's search for the 7th, this might be a good time for a lunch break.
THE COURT: All right. The Court agrees. Members of the jury, we're going to take our lunch break at this time. Again, do not discuss the case in any fashion and during the break and we'll resume at 1:00.
(Jury not present.)
THE COURT: You may be seated. Go off the record at this time.
(Off the record discussion.)
THE COURT: At this time we'll go back on the record. Mr. Kratz.
MR. KRATZ: Judge, before we break for lunch, Mr. Strang was kind enough to alert me that this witness may be cross-examined with the assistance of a audio CD. Mr. Strang gave me a CD that has 24 tracks on it. I don't know if he intends to play all 24 tracks in the cross-examination, but it would certainly assist us in orienting as to the time and the context of those conversations, if those could be identified. If they can't, that's fine, but if the tracks themselves, rather than listen to all 24 during the lunch hour, could be identified, we would appreciate that.
THE COURT: Mr. Strang.
MR. STRANG: Well, I provided the CD out of an abundance of caution. I think these -- these taped calls are all calls that the State, like the defense, received during the hearing on August 9, 2006, from the Manitowoc County Sheriff's Department. We should probably excuse the witness.
THE COURT: I was just thinking about that myself. Mr. Colborn, if you can step out of the courtroom for a minute, we'll continue here. The witness has now left the courtroom.
MR. STRANG: Right. As I say, I'm quite confident that when we received the CD's from the Manitowoc County Sheriff's Department on August 9, 2006, the State also received the very same recorded calls, both radio transmissions and some land lines at the sheriff's department that are answered by dispatchers. Out of an abundance of caution, I gave Mr. Kratz another copy of the disc I'm going to mark today. But I'm not interested in disclosing my cross-examination over the lunch hour while, you know, the State is free to prepare including with the witness.
THE COURT: All right. If it's information that the parties already have, I don't know what's going to come in but, Mr. Kratz, if you need a break before redirect, I will take up a request at that time.
MR. KRATZ: That's fine and counsel may hear the very same response later in the trial. That's fine. Thank you, Judge.
THE COURT: Okay.
(Noon recess taken.)
THE COURT: Mr. Kratz, at this time you may resume your direct examination of Mr. Colborn.
MR. KRATZ: Thank you, Judge.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Sergeant Colborn, we left off with the next day, I believe, of your involvement with the -- on Monday, the 7th of November; do you remember that day?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Were you asked to return to the Avery property?
ANDREW L. COLBORN: Yes, I was.
MR. KRATZ: And, by the way, who were you asked to return there by?
ANDREW L. COLBORN: The Calumet County Sheriff's Office, or Department of Criminal Investigation, one of those officers.
MR. KRATZ: If you could speak up just a little bit, Sergeant, I would appreciate it.
ANDREW L. COLBORN: I was either asked to return by the Calumet County Sheriff's Department, one of their supervisors, or by the Department of Corrections -- or Department of Criminal Investigations, Agent Tom Fassbender.
MR. KRATZ: Were you, for lack of a better word, volunteering for this service, or these duties?
MR. KRATZ: On the 7th of November, then, do you recall about what time you returned to the salvage yard?
ANDREW L. COLBORN: Somewhere between 6:30 in the morning and 7:30 in the morning, I believe.
MR. KRATZ: Sergeant Colborn, what were you asked to do on the 7th, if you recall?
ANDREW L. COLBORN: On the -- On Monday, I was informed that -- by Sergeant Tice that I -- Tyson, that I would be working with him, again. This would be the same Sergeant Tyson that I had worked with on Saturday.
And he informed us that our assignment that day was to go into the Avery Salvage Yard and open any trunks of vehicles that had not yet been searched, because the trunks, apparently, they couldn't find the keys for these vehicles and we were to look inside the trunks of these vehicles.
MR. KRATZ: Were there any other members of your team, other than you and Sergeant Tyson?
ANDREW L. COLBORN: Also Lieutenant Lenk was with me that day.
MR. KRATZ: And did you, in fact, assist in opening up or searching trunks that hadn't yet been opened?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: What else happened on the 7th?
ANDREW L. COLBORN: That took the better part of the morning. I believe in the afternoon we were instructed to start collecting -- you know, specifically instructed to collect -- I take that back. At some point we were also asked to get a -- I believe this was the day that we were asked to get the serial number off Steven Avery's computer.
MR. KRATZ: Did you assist Sergeant Tyson in that regard?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: Can you tell the jury what you did, please.
ANDREW L. COLBORN: The serial number is on the back of the computer. And the portion of the computer that we needed the serial number was underneath a desk that had been shown earlier, the photograph that was shown earlier. So I crawled underneath the desk and used a flashlight to obtain the manufacturer and the serial number of the computer, which Sergeant Tyson wrote down.
MR. KRATZ: All right. How long did that process take?
ANDREW L. COLBORN: At the most, 10 minutes.
MR. KRATZ: Did you go in any other part of the residence, or did you confine yourself to the living room area?
ANDREW L. COLBORN: I just confined myself to the area where the computer was that day.
MR. KRATZ: What else did you do then?
ANDREW L. COLBORN: I believe then we were instructed to -- I believe we were instructed, then, to start collecting some firearms from the other residences that were on the Avery property. I believe, specifically, Barb Janda's residence.
MR. KRATZ: And did you do that?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: All right. What's the next thing you did on the 7th?
ANDREW L. COLBORN: I know at one point I was asked to take some photographs, I believe, of a burning barrel that was on Steve Avery's property. I did do that.
MR. KRATZ: Which -- Which burn barrel did you take photographs of?
ANDREW L. COLBORN: It was a burn barrel that was on, I would -- that was in close proximity to Steve's trailer. And I remember it had a car wheel by it.
MR. KRATZ: To orient us to that, there's an exhibit which has been received, it's Exhibit 114. It's, again, an exterior computer animation. If you take your laser pointer up there, tell us what we're looking at, and what burn barrel you were asked to examine and photograph?
ANDREW L. COLBORN: That burn barrel right there. I remember right on one -- either this side or this side of it there was a car wheel standing on its edge with a tire missing.
MR. KRATZ: Did it appear to you, at least as you went to that scene and as you look at Exhibit 114, who that burn barrel is attached to?
ANDREW L. COLBORN: Yes, it's the burn barrel for that residence, right there, Steve Avery's residence.
MR. KRATZ: Now, Sergeant, you talked about some different kinds of photography. I think you talked about digital as well as 35mm photography; do you remember that day, the 7th of November, what kind of photography you were performing?
ANDREW L. COLBORN: 35mm, I did not do any digital photography the entire time I was out there, personally.
MR. KRATZ: That way you talked about a wheel next to the burn barrel, I'm going to show you what's been marked as Exhibit No. 158, in fact, Mr. Fallon is going to hand it to you, but I would ask you if you could tell us what this is an image of.
ANDREW L. COLBORN: That is a car wheel, that's at the very edge of Steve Avery's burn barrel. And those wires, I believe, that are around the wheel are actually part of the make up of the tire, probably like portions of the steel belt.
MR. KRATZ: As we get closer, do a little bit of a close up, can you see that better now on the screen?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: By the way, Exhibit 158, is that a photo that you took or likely took?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: In all honesty, Judge, so that I don't forget, I'm going to move the admission of Exhibit 158 at this time.
THE COURT: Any objection?
MR. STRANG: None.
THE COURT: 158 is received.
MR. KRATZ: (By Attorney Kratz)~ Were you asked to do anything else on the 7th, Sergeant?
ANDREW L. COLBORN: I believe I was also -- At some point, apparently the Command Post received word that some searchers had located an area that -- it looked suspicious, there was plastic poking up from the ground and it looked like the ground had been disturbed. So I was asked to go to that area along with the Wisconsin State Crime Lab, Sergeant Tyson, and Lieutenant Lenk and help the Crime Lab, if they requested it, to excavate that area.
MR. KRATZ: Do you know on what roadway this was?
ANDREW L. COLBORN: I believe it was off Kuss, White Cedar Road.
MR. KRATZ: This is something that Mr. Ertl, yesterday, talked about a potential burial site but what wasn't; was that your understanding, that it turned out not to be?
ANDREW L. COLBORN: Yes, it turned out to be nothing.
MR. KRATZ: Did you do anything else on the 7th.
ANDREW L. COLBORN: I think by the time we were down with that, that consumed the rest of the day.
MR. KRATZ: Let's move on then to the 8th, which would be Tuesday, the 8th of November, were you asked to return to the property?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Again, who were you asked to return there by?
ANDREW L. COLBORN: By -- No, I didn't get the -- the -- wasn't told to me directly. Usually Lieutenant Lenk met with members of the Calumet County Sheriff's Department and Department of Criminal Investigations at the completion of each day and then I would just check with Lieutenant Lenk, are we needed tomorrow or no.
MR. KRATZ: I see.
ANDREW L. COLBORN: And then he said, we're needed tomorrow.
MR. KRATZ: Did you show up then on the 8th?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: And who were you attached to, or who were you assigned to that day?
ANDREW L. COLBORN: I was assigned to Deputy Dan Kucharski from the Calumet County Sheriff's Department.
MR. KRATZ: Do you know what you were asked to do on the 8th?
ANDREW L. COLBORN: Yes, Deputy Kucharski, Lieutenant Lenk, and myself were instructed, by Special Agent Fassbender, to look for some specific printed material inside Steven Avery's residence.
MR. KRATZ: Okay.
ANDREW L. COLBORN: And to collect same.
MR. KRATZ: Did you have occasion to enter Steven Avery's bedroom on the 8th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Who did you enter that bedroom with.
ANDREW L. COLBORN: Deputy Kucharski and Lieutenant Lenk.
MR. KRATZ: How long did you spend in that bedroom on the 8th, if you recall?
ANDREW L. COLBORN: An hour or so.
MR. KRATZ: Were you directed to perform any search of that trailer, specifically of that bedroom?
ANDREW L. COLBORN: Before -- Actually, before we started on the bedroom, I was instructed to, with Deputy Kucharski, to remove the computer and to wait until the computer was picked up by another law enforcement officer.
MR. KRATZ: Okay. Did you do that?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Then, moving to the bedroom, my question is, whether you were to perform a search that day?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: I'm showing you what's been marked for identification as Exhibit No. 208; can you tell us what that is, please.
ANDREW L. COLBORN: These are photographs of a cabinet that's right next to the desk in Steve Avery's bedroom, that would be the same bedroom where the firearms were that I described before and --
MR. KRATZ: We're just talking about the first one now, Exhibit 208.
ANDREW L. COLBORN: That's this photograph here. It's a picture of -- this is a desk.
MR. KRATZ: I'm actually going to put a view up for the jury so that we can -- Okay. If you want to use your laser pointer where everybody can see what you are talking about then.
ANDREW L. COLBORN: This is a desk. There's an open area, that's the picture. This is a cabinet, you can see how closely it is positioned to the desk there.
MR. KRATZ: Let me just stop you, is this something that you earlier called a bookcase.
ANDREW L. COLBORN: This cabinet, I'm sorry, yes, I called it a bookcase and that's actually, I guess, what it is, a bookcase.
MR. KRATZ: Just so that the jury understands, was this the item from which the handcuffs and the leg irons were seized a couple days earlier?
ANDREW L. COLBORN: Yes, sir. It's easier to see now, with this picture, the leg irons and handcuffs were located in this area here.
MR. KRATZ: Now, this particular photograph, you can see a pair of slippers, bedroom slippers next to it; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: You can see a electrical outlet or a socket; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you point to that, please. Were you asked, or at least as part of your responsibilities of searching the bedroom, were you asked to do a thorough search of this piece of furniture?
MR. KRATZ: And did you do that?
MR. KRATZ: In performing that search, Sergeant Colborn, did you move or manipulate this piece of furniture at all?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you describe that for the jury, please.
ANDREW L. COLBORN: As I stated before, we were looking for specific printed or photographs. There is a narrow area between this bookcase and this desk, right there. And in order to make sure that there was no evidence or anything else that we needed lodged between there, I actually tipped this to the side and twisted it away from the wall.
MR. KRATZ: If you can describe that further, I don't know if you can do it with your words, or show us with your hands, how you did it?
ANDREW L. COLBORN: I will be the first to admit, I wasn't any too gentle, as we were, you know, getting exasperated. I handled it rather roughly, twisting it, shaking it, pulling it.
MR. KRATZ: And that's the bookcase that you are talking about?
ANDREW L. COLBORN: Yes, this piece of furniture right here, a bookcase.
MR. KRATZ: I'm sorry. Sergeant, in shaking and twisting that particular bookcase, did you pull it away from the wall itself, that you can see behind there?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: After that process was complete, were the items -- The binder that we can see in the lower left hand corner of the bookcase; can you point to that, please. Was that, and the other items within that bookcase, removed and examined by yourself and your -- other members of your team?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Did you have occasion to replace those items into that bookcase after having pulled it from the wall?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: What was done with the bookcase after that thorough search of the -- of those materials was completed?
ANDREW L. COLBORN: The items that we didn't use -- or collect as evidence, that binder and some of the other things there were kind of stuffed, rather forcefully, back in there. And other items that we were going to collect as evidence were -- we had so many that we didn't have a container in the room large enough to hold them all. So Lieutenant Lenk exited the bedroom to get a larger container and I began to search this desk here.
MR. KRATZ: By a larger container, what are you talking about?
ANDREW L. COLBORN: A box.
MR. KRATZ: Now, at this time, that is, as the search was completed, what was done with that piece of furniture; what was done with the bookcase itself?
ANDREW L. COLBORN: It was still kind of away from the wall, but it was more or less stuffed back into its original position.
MR. KRATZ: The next exhibit, Exhibit No. 209, describe what that is, please.
ANDREW L. COLBORN: That's just a different photograph of the same bookcase.
MR. KRATZ: I'm going to allow the jury to see that as well. Is this the photo that you are talking about of -- of the bookcase?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: The next exhibit, No. 210, can you describe what that is for us, please.
ANDREW L. COLBORN: 210 is a picture, a photograph of the -- Well, you can see that we have some materials there stuffed in a bag. Then there's the bedroom slippers. And now there is a key with a fob, lying between the bedroom slippers.
MR. KRATZ: Sergeant Colborn, I'm going to direct your attention, then, to the large screen. I would like you to carefully take the laser pointer and describe for the jury what it is that we're looking at?
ANDREW L. COLBORN: These were some items that we had bagged up. I don't recall what that is. These were the same bedroom slippers that were in the other photograph, but you can see that they have been jostled. That's the electrical outlet. And now there is a key and with this connecting canvas or nylon fob and a black plastic buckle, lying on the floor.
MR. KRATZ: The piece of furniture, that is, the bookcase that we see in Exhibit 210, has that been removed or replaced to its original position?
ANDREW L. COLBORN: I can't say we have got it exactly 100 percent where it was, but it's very close to its original position, yes.
MR. KRATZ: So the jury understands the timing of these, Exhibit No. 208 shows the slippers right next to the outlet. And this exhibit, 210, shows the slippers pushed to what would be the left and actually a little bit closer to the photographer; is that fair?
ANDREW L. COLBORN: That's correct.
MR. KRATZ: Do you recognize this image, that is, did you see this image on the 8th of November?
MR. KRATZ: Can you describe that moment, or that event, for the jury, please.
ANDREW L. COLBORN: As I had mentioned earlier, Lieutenant Lenk had exited -- That is the door coming into the bedroom; he had gone through that door to get a bigger container. I was searching the desk here. Deputy Kucharski was sitting on the bed, which also isn't in the photograph, but is in very close proximity to this piece of furniture, the bookcase, filling out paperwork.
Lieutenant Lenk got about right here, his feet would have been right here, so he was in the room, and said something to the effect of, there's a key on the floor here, or, look, there's a key. I don't know what his exact verbiage was but he identified that there was a key on the floor.
I turned around, as I wasn't very far away, I turned around and looked and I observed this key, lying right where it is. And I observed this key had this black rubberized or plastic end on it, which they didn't -- you know, that's a newer model car key, due to that plastic or rubberized end. And I also observed that embossed on there was a Toyota emblem.
And we told Deputy Kucharski, get a photograph of this, right away, which he did, which is this photograph. I did not take this photograph.
MR. KRATZ: By the way, as you and Deputy Kucharski and Lieutenant Lenk observed this, did any of the three of you approach or touch this piece of evidence at that time?
ANDREW L. COLBORN: I may have been standing in this area here, you know. This piece of furniture is only 2 and a half, 3 feet tall, maybe. So I could easily see over it to see the key.
I did not approach the key. Lieutenant Lenk did not come into the room. Deputy Kucharski photographed the key from, you know, from whatever angle this picture was taken at. That's as close as we got.
MR. KRATZ: My question, again, was, did either yourself, Lieutenant Lenk, or Deputy Kucharski, prior to this photo was taken, touch that key?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Why not?
ANDREW L. COLBORN: I think all three of us knew at the same time that there was a very good chance, seeing a Toyota emblem embossed on that key, knowing that Teresa Halbach's vehicle was a Toyota, that this was a very important piece of evidence. And, you know, none of us were going to taint that.
MR. KRATZ: Let me ask you, Sergeant Colborn, you guys -- you specifically, Lieutenant Lenk, and now Deputy Kucharski, had been in this room for quite some time before this key appears in this position; isn't that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Did this surprise you, that you saw this key there?
ANDREW L. COLBORN: Yes, I was very surprised.
MR. KRATZ: Did the three of you talk about that, we hadn't seen it before, anything like that?
ANDREW L. COLBORN: I -- I believe I said to myself, damn, how did I miss that.
MR. KRATZ: Now, other than the bedroom slippers being pushed to the side, had anything else changed, other than the pulling out and the twisting and the jostling of the cabinet?
ANDREW L. COLBORN: As we looked at the cabinet, it appeared that in the process of us stuffing everything back into the cabinet, we had separated the back of the cabinet, the small piece of paneling that would be the back of the cabinet, from the frame of the cabinet itself.
MR. KRATZ: Let me stop you there. Did you have occasion, then, to go look at the back of this piece of furniture, the back of the cabinet, after this key was processed?
MR. KRATZ: I know I'm jumping ahead just a little bit, but could you describe what you saw; could you describe the back panel of the cabinet?
ANDREW L. COLBORN: It would be made out of a -- I'm trying to think of the right word, like a piece of wood, the same thickness maybe as a piece of paneling that one would put on a wall. You know, it's a thin piece of wood, it's not -- it's not like it's a quarter inch piece of plywood nailed to the back of the cabinet. It's a thin piece of wood.
The piece of furniture itself is old and not in the best state of repair. And I believe it was just very small, short brads or nails that held the piece of paneling or the piece of wood to the back of the cabinet. And I'm sure that when we were putting things in we exercised more than enough force to push it away. And there was a gap now between the back of the -- the piece of paneling on the back of the cabinet and the frame of the cabinet itself.
MR. KRATZ: I'm going to show you an exhibit that's been received as Exhibit No. 169; although taken on a different day, we're all in agreement about that, does Exhibit 169 look the same as when you witnessed the back of this cabinet on the 8th of November?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: What was done with the key, if you remember?
ANDREW L. COLBORN: Initially, it was photographed and Lieutenant Lenk and I both -- when I say told, it was not like we were ordering him, but we just communicated to Deputy Kucharski that he needed to make sure he put on a fresh set of gloves; pick up that key, put it in a separate container, totally by itself; and we needed to contact the Command Post right away and let them know that we had located a key that could possibly be a key to Teresa's vehicle.
MR. KRATZ: Did somebody from the Command Post come to your location then?
ANDREW L. COLBORN: Two people from the Command Post came to our location. Special Agent Fassbender and Investigator Wiegert.
MR. KRATZ: Were you present when the lead investigators were shown this key that was discovered?
ANDREW L. COLBORN: Yes. We packaged the key and we went into the living room and that's where we remained until the two investigators came and looked at the key.
MR. KRATZ: What exhibit number is next, Madam Clerk?
COURT CLERK: 211.
MR. KRATZ: (By Attorney Kratz)~ Sergeant Colborn --
MR. KRATZ: And, Judge, the record should reflect that the evidence bag is being opened with the assistance of Investigator Wiegert.
MR. KRATZ: (By Attorney Kratz)~ But Sergeant Colborn, you are going to be shown the contents of what is being marked as Exhibit No. 211.
(Exhibit No. 211 marked for identification.)
MR. KRATZ: Deputy Wiegert, if you would be so kind as to show it to this witness.
MR. KRATZ: (By Attorney Kratz)~ Sergeant Colborn, please don't -- don't touch this exhibit. But an exhibit that has now been marked for identification as Exhibit 211 is being shown to you.
MR. KRATZ: If you stand to the side a little bit, Investigator Wiegert, I would appreciate it.
MR. KRATZ: (By Attorney Kratz)~ Tell the jury what that is, please.
ANDREW L. COLBORN: That appears to be the exact same key as pictured right there on that photograph. It's a long key, with a black plastic end, with a Toyota emblem on the end of it. And that same nylon, actually, I think corresponds to something that someone would wear around their neck and clip to the other plastic end.
MR. KRATZ: With permission, Judge, may Investigator Wiegert post it or at least show the jurors?
THE COURT: Any objection?
MR. STRANG: Nope.
THE COURT: Yes, you may do so.
MR. KRATZ: Hold it up by one end, Investigator, and show the jurors, please.
THE COURT: The record should probably also reflect he's wearing rubber gloves at this time, or unless you can describe them more accurately.
MR. KRATZ: Latex gloves. And although Mr. Kucharski will be testifying as well, Judge, I don't believe there is any contest as to -- as to this exhibit and I will move its admission at this time.
THE COURT: Any objection?
MR. STRANG: Well, there's plenty of contest as to that exhibit, but not as to it having been authenticated and identified. And I don't have any objection to it being received.
MR. KRATZ: Thank you.
THE COURT: All right. The exhibit will be received.
MR. KRATZ: Thank you.
MR. KRATZ: (By Attorney Kratz)~ After Special Agent Fassbender and Investigator Wiegert were shown that key, do you know what happened to that key?
ANDREW L. COLBORN: Just -- excuse me, we decided, between the three of us, just to wait in the living room. Special Agent Fassbender and Investigator Wiegert said that another law enforcement officer would be coming down to take possession of the key.
So we all three just waited until he got there. We turned the key over and I believe we were told that it would be going to Madison, to the Crime Lab, where Teresa's vehicle already was.
MR. KRATZ: Sergeant Colborn, after this search, after this thorough search of Mr. Avery's residence was completed, were you asked to perform a similar thorough search of somebody else's residence that day?
ANDREW L. COLBORN: Yes, I believe it was Charles Avery's residence.
MR. KRATZ: And was that search performed by the same team; that is, yourself, Lieutenant Lenk and Deputy Kucharski from Calumet County?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Sergeant Colborn, we have heard some references this week, and even last, to your involvement in this case. And now that you are here, now that you are in court, I have some questions regarding your knowledge of Mr. Avery.
First of all, prior to November of 2005, had you been involved at all in the investigation, testifying against, or prosecution of Steven Avery in any previous criminal proceedings?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Had you ever been personally named in any civil lawsuits, or ever personally been accused of any wrongdoing regarding Mr. Steven Avery?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: You were asked, as I understand, as part of a civil lawsuit, to provide what's called a deposition, to be questioned by some lawyers; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Do you recall when that occurred?
ANDREW L. COLBORN: I believe it was in October of 2005.
MR. KRATZ: Do you remember how long that deposition, how long that -- that process took?
ANDREW L. COLBORN: I thought it was less than an hour, but an hour or less.
MR. KRATZ: All right. You were asked some questions, is that right, under oath?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Did you answer those questions to the best of your knowledge and ability?
ANDREW L. COLBORN: Yes, I did.
MR. KRATZ: Do you recall the context in which you were asked those questions; in other words, do you recall what you were asked about?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Can you tell the jury what you were asked about?
ANDREW L. COLBORN: In 1994 or '95 I had received a telephone call when I was working as my capacity as a corrections officer in the Manitowoc County Jail. Telephone call was from somebody who identified himself as a detective. And I answered the phone, Manitowoc County Jail, Officer Colborn.
Apparently this person's assumption was that I was a police officer, not a corrections officer, and began telling me that he had received information that somebody who had committed an assault, in Manitowoc County, was in their custody, and we may have somebody in our jail, on that assault charge, that may not have done it.
I told this individual, you are probably going to want to speak to a detective, and I transferred the call to a detective, to the Detective Division, at the Manitowoc County Sheriff's Department. That's the extent of my testimony.
MR. KRATZ: That's it? That's your connection to Mr. Avery?
ANDREW L. COLBORN: Yes, sir.
MR. KRATZ: Well, did that cause you enough embarrassment and enough angst in which to set up Mr. Avery for a charge of murder?
MR. KRATZ: Did that deposition cause you such problems from within your department that you obtained and planted blood, so that it would be found and Mr. Avery would be wrongfully accused of a homicide case?
ANDREW L. COLBORN: No, sir.
MR. KRATZ: Have you ever planted any evidence against Mr. Avery?
ANDREW L. COLBORN: That's ridiculous, no, I have not.
MR. KRATZ: Have you ever planted any evidence against anybody in the course of your law enforcement career?
ANDREW L. COLBORN: I have to say that this is the first time my integrity has ever been questioned and, no, I have not.
MR. KRATZ: That's all I have for Sergeant Colborn, Judge.
THE COURT: Mr. Strang.
CROSS-EXAMINATION BY ATTORNEY STRANG:
MR. STRANG: This is the first time your integrity has been questioned?
ANDREW L. COLBORN: As it applies to being a police officer, yes.
MR. STRANG: Okay. And it's not the first time Mr. Avery's has been, so I have some questions for you. You were, in November of 2005, in the Road Patrol Division of the Manitowoc County Sheriff's Department?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were a sergeant in that division?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Were there other sergeants in that division?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: How many?
ANDREW L. COLBORN: There's one lieutenant and two sergeants assigned per shift; there's three shifts. We're looking at six sergeants, three lieutenants.
MR. STRANG: Your shift particularly was noon to 8:00 p.m.?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That made you the assistant shift commander as opposed to the other sergeant?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And the shift commander, himself, when the lieutenant had a day off?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The Road Patrol Division does exactly that, it patrols the roads of Manitowoc County?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Typically in marked squad cars?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Speeding and other traffic law enforcement?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Calls for help from citizens, a variety of calls?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You might be the first to respond to a domestic violence call, let's say?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You might respond to a flat tire on the side of the road?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: This division, during the noon to 8:00 shift, back in, let's say, November, 2005, had approximately how many officers out on the road during that noon to 8:00 shift?
ANDREW L. COLBORN: Well, I believe that par -- four or five officers counting the shift commander.
MR. STRANG: Roughly?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: I understand. And the shift commander had some administrative duties, but also had some road patrol duties?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Collection of evidence was not typically a duty of the Road Patrol Division?
ANDREW L. COLBORN: Yes, it is.
MR. STRANG: That is, some members of the Road Patrol Division may be trained in the collection of evidence, correct?
ANDREW L. COLBORN: Correct.
MR. STRANG: Just as some members of the other divisions of the Manitowoc County Sheriff's Department may have special training as evidence technicians or in evidence collection?
ANDREW L. COLBORN: Correct.
MR. STRANG: The Sheriff's Department includes as one of its divisions, or bureaus, units, if you will, an Investigative Unit?
ANDREW L. COLBORN: Yes, sir. To make it easier, both patrol and investigations are assigned to the Operations Division of the Manitowoc County Sheriff's Department.
MR. STRANG: Very well. Thank you. But they are separate units within the operations division?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You had been trained in evidence collection as a technician?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That went back to, I think, 1997?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That was something for which you volunteered?
MR. STRANG: You were accepted or someone accepted your offer and you got some special training?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: One of the people from whom you got that special training is seated right over there, second to my right in the back, true?
ANDREW L. COLBORN: Evidence tech training?
MR. STRANG: Yes.
ANDREW L. COLBORN: No, sir.
MR. STRANG: Didn't get that kind of training from Special Agent Fassbender?
ANDREW L. COLBORN: No, I did not.
MR. STRANG: What training did you get from Special Agent Fassbender? I'm talking about well before November, 2005 now.
ANDREW L. COLBORN: Special Agent Fassbender was my DAT, which is defense and arrest tactics, instructor during the recruit academy at Fox Valley Tech.
MR. STRANG: All right. Having nothing directly to do with evidence collection?
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: But you went through a recruit academy?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: As do all police recruits or candidate officers?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: How long did that academy last?
ANDREW L. COLBORN: It was 400 hours when I went through the academy. Ten weeks, roughly.
MR. STRANG: Roughly 10 weeks full-time?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: All right. We'll come back to that a little bit later in a different context. Did you have any training as an evidence technician from Lieutenant James Lenk?
MR. STRANG: He, you know, to be a lieutenant in charge of the Detective Unit within the Operations Division?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Are there more than one lieutenant in the Detective Unit?
ANDREW L. COLBORN: No, sir.
MR. STRANG: So he's the chief detective, in fact, of Manitowoc County?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Within the Sheriff's Department. He was involved in training you as an evidence technician?
ANDREW L. COLBORN: I am not exactly sure how to answer that without elaborating somewhat.
MR. STRANG: Well, let's start with a yes or a no.
ANDREW L. COLBORN: Yes, he has given me training material during the course of my career.
MR. STRANG: Okay. And has he given you anything more formal than that; in other words, I'm going to let you elaborate here, but we'll do this in a question and answer format.
ANDREW L. COLBORN: Lieutenant Lenk personally hasn't trained me on any specific issue. We would have semi-annual, or sometimes quarterly meetings, of all the evidence techs, where Lieutenant Lenk might present some new information or somebody who had recently gone to training might present some new information. But Lieutenant Lenk never took me one-on-one and trained me in any sort of specific application of being an evidence technician.
MR. STRANG: But you have sort of in house, in service, programs --
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: -- if you will? Sharing information on new techniques or new teaching?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Sometimes that comes from Lieutenant Lenk?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Other times he may simply be involved in overseeing the meeting?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You have known Lieutenant Lenk, personally, how long?
ANDREW L. COLBORN: Since 1996, so 10, 11 years.
MR. STRANG: Was it '96 that you actually became a sworn officer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And if I understood you, the period as a corrections officer in the Manitowoc County Jail was '92 to '94?
ANDREW L. COLBORN: '92 to '96.
MR. STRANG: I'm sorry, then I misunderstood you. You went directly from the jail to the recruit academy and then as a sworn officer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: It was 1996, then, when you joined the department as a sworn officer, that you met the man who is now Lieutenant Lenk?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: He, at that time, was also in the road unit or the Road Patrol Unit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You became friendly with Lieutenant Lenk?
MR. STRANG: Let's call him James Lenk and not worry about his rank, at any given time, all right. Do you call him Jim?
ANDREW L. COLBORN: Yes, I do.
MR. STRANG: You worked closely with him for several years?
ANDREW L. COLBORN: Yes. I have worked with him several times, yes.
MR. STRANG: He is one of the people on the department to whom you feel personally close?
ANDREW L. COLBORN: We don't do anything together socially, but I feel he is an experienced officer and if I have a investigative type question, I feel comfortable talking with him about it.
MR. STRANG: All right. And the time came in 2005 or 2006 when you decided that you aspired to some rank higher than sergeant within the department, true?
ANDREW L. COLBORN: I'm sorry, could you repeat.
MR. STRANG: The time came in 2005, or perhaps in 2006, I don't know when, but at some point, certainly before the elections in 2006, you began to aspire to a rank higher than sergeant in your department?
MR. STRANG: You decided to run for sheriff?
ANDREW L. COLBORN: That's correct.
MR. STRANG: Of Manitowoc County?
ANDREW L. COLBORN: That is correct.
MR. STRANG: Another officer, within the department, at the same time, also was running for sheriff in the same 2006 election?
MR. STRANG: That created a situation in which two officers from the same department were running against each other?
MR. STRANG: There was some tension, at least, in that situation?
ANDREW L. COLBORN: Are you talking about in 2006, last summer?
MR. STRANG: Well, whenever the campaign began to heat up.
ANDREW L. COLBORN: I don't really think the campaign ever got heated, but I didn't really feel any tension.
MR. STRANG: Okay. But, one of the things you both were interested in doing, and the other gentleman is a man named Robert Hermann, correct?
MR. STRANG: The brother of Todd Hermann?
MR. STRANG: One of the things that you and Robert Hermann both did was sort of see who would support you and who might support the other fellow in the race for sheriff?
MR. STRANG: Weren't interested who was on your side?
ANDREW L. COLBORN: No, I wasn't.
MR. STRANG: Do you know whether Lieutenant Lenk was on your side?
ANDREW L. COLBORN: I have no idea how Lieutenant Lenk voted during the sheriff's campaign. I would hope that he supported me, but it wouldn't change my feeling one iota if he didn't.
MR. STRANG: I understand that. But how long was it between the time you declared your candidacy publicly and the time of the election?
ANDREW L. COLBORN: I thought we had to have our nomination papers filed in May of 2006 and the election was in November of 2006.
MR. STRANG: Okay. So let's call it five, six months, roughly. I'm just trying to get a rough time frame here, okay. Lieutenant Lenk's working hours, you know, to overlap in part with your own, on the days you are both at work?
MR. STRANG: That is, he would typically work something like an 8 to 5 kind of shift?
ANDREW L. COLBORN: I'm not sure what his duty hours are, but somewhere in that time frame.
MR. STRANG: In other words, in the afternoon, you two would be on duty at the same time?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And in all that time, he never approached you and gave you an attaboy, or told you he was in his corner -- in your corner, or that he couldn't be, nothing?
MR. KRATZ: Judge, I'm going to object as irrelevant. Is this sometime after November of 2005?
MR. STRANG: It is.
MR. KRATZ: I can't see the relevance, then, to what happened at the Avery salvage property; I will interpose that objection then.
THE COURT: Mr. Strang.
MR. STRANG: Well, I'm happy to be heard out of the presence, if the Court wishes that.
THE COURT: All right. I think what I will do at this time is excuse the jury for a few minutes.
MR. STRANG: We can excuse the witness as well.
THE COURT: Mr. Colborn, you are excused as well.
(Jury not present.)
(Witness not present.)
THE COURT: Mr. Strang.
MR. STRANG: This isn't a long line of inquiry, your Honor, but clearly this is relevant to Sergeant Colborn's bias or potential for bias here. Lieutenant Lenk was his partner through several days of searching. Consistently, as the testimony has shown, they were paired together, usually with Detective Remiker as well.
Together they were deposed, within 48 hours, in Steven Avery's lawsuit. I expect to elicit testimony that they discussed their depositions. Now, together, it is the two of them who, in Sergeant Colborn's words, had their integrity questioned.
Whether these two stood together and had each other's back during a race for a higher office that well could have been affected by the lawsuit that Steven Avery had filed, by further developments in that lawsuit, I think is directly relevant to this witness' credibility and bias.
THE COURT: Mr. Kratz.
MR. KRATZ: We're talking about two different things, Judge. Testimonial bias, which would be today, and is this witness prepared to shade his testimony to the benefit that perhaps of Lieutenant Lenk or somebody like that, Mr. Strang's area of inquiry is appropriate, if in fact the Court finds that to be relevant.
However, what Mr. Strang is really talking about is having each other's back, or motive, or being in partnership, for lack of a better term, in planting evidence or being involved in criminal behavior and activity. Then that only becomes relevant if they had this connection, if they had this friendship or this bond, before November of 2005.
So, if that is in fact the dual purpose of this, then I would ask Mr. Strang to confine his bias inquiry, at least as it regards Lieutenant Lenk and the election, and to that which might affect his testimony today; it would have no relevance as to what occurred in November of 2005.
THE COURT: How do you propose that that be conveyed to the jury, what the purpose of his questioning is?
MR. KRATZ: Well, as asked, then, Judge, it is -- it is irrelevant and should be inadmissible. If we direct it more towards testimonial, that is, if he wants to get into, would you do something to help your buddy, Jim Lenk, today, in testifying, I think that's -- that that's appropriate, but that should be made clear.
And if we're getting into more than that, that is, as Mr. Strang, using his words, I have your back, if we're talking about back in November of 2005, their previous friendship may, in fact, be relevant and all those kind of things, but not what happened in the 2006 election.
MR. STRANG: Let's bring us back to the actual line of questioning, because I don't know that we need to slice the salami that thin. What I'm doing now is simply following up on and exploring his claim that he has no idea whether Jim Lenk supported him or not for sheriff. He hopes he did, but if Mr. Lenk did not vote for him, it wouldn't affect, by one iota, his view of Mr. Lenk.
And I'm following that up, since he's already acknowledged that he thinks well of Mr. Lenk and has worked with him and known him since 1996. I'm also going to ask him when it is that becoming sheriff popped into his head, since presumably that was some -- some day before the day in May, 2006, when he had to file his candidacy papers. And that's really, essentially, all the farther I'm going with this.
THE COURT: All right. It seems to me of marginal probative value, but if you are telling me you are almost done, I will let you ask a few more questions and then move on. All right. We can bring the jurors back. And then if the Victim/Witness Coordinator is here, she can bring Mr. Colborn in.
(Jury present.)
THE COURT: You may be seated. And Mr. Strang, you may resume your questioning.
MR. STRANG: Thank you.
MR. STRANG: (By Attorney Strang)~ So the question was, Sergeant Colborn, in the months leading up to this election, are you telling this jury that there wasn't any time when Lieutenant Lenk approached you and told you either that he was in your corner or couldn't support you, for sure?
ANDREW L. COLBORN: No, I'm not saying that.
MR. STRANG: Well, what did he tell you about whether he was supporting you?
ANDREW L. COLBORN: We did not have -- I tried my hardest not to have any discussions about the election at work because I didn't want it to distract from work. Privately, Lieutenant Lenk gave me every indication that he was supporting me.
MR. STRANG: Privately, you took him to be in your corner?
MR. STRANG: You may want to get just a little bit closer to the mike, the mike is sort of touchy. When was it that you began to think seriously about running for sheriff, yourself?
ANDREW L. COLBORN: January or February of 2006.
MR. STRANG: Had the idea occurred to you back in 2005?
ANDREW L. COLBORN: I can't recall, specifically. I may have thought about it, but ...
MR. STRANG: But at least by January or February, 2006, you had a building sense that, maybe I could do the top job in this department?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Maybe I could do some things a little bit differently than I see them being done?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Maybe I could bring something important to the job of sheriff and serve the citizens of Manitowoc County?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: By May that idea had become strong enough to cause you to go through all the steps necessary to declare a candidacy?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You had not run for an elected office before?
ANDREW L. COLBORN: Actually, yes, I had.
MR. STRANG: Okay. At a countywide level?
MR. STRANG: All right. So at least that process you were familiar with and willing to undergo again?
MR. STRANG: Knocking on doors, speaking at Lion's Club dinners, that kind of thing?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Now, it was, I think, October 13, 2005, in specific, in which your deposition was taken in Mr. Avery's lawsuit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Was this the first time you had ever had your deposition taken?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: New experience for you?
MR. STRANG: You were not so much asked to attend a deposition as you were the recipient of a subpoena to do so?
ANDREW L. COLBORN: I believe so, yes, sir.
MR. STRANG: That deposition process involved being sworn, same oath you took today, essentially?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: But in a conference room or library of a lawyer's office?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were questioned by Mr. Avery's lawyers at that deposition?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You sat across the table from Mr. Avery, himself, that day, October 13, 2005?
ANDREW L. COLBORN: I know Mr. Avery was in the room, I don't -- no, it wasn't like I was directly across from him.
MR. STRANG: No.
ANDREW L. COLBORN: He was down at the end of the table.
MR. STRANG: Yeah, and I didn't mean directly across, but the two of you shared this conference room and the table?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Along with other people?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Court reporter?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Various lawyers?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Some of the questions concerned a telephone call that you had taken?
MR. STRANG: You understood the call, which today you can place only as 1994 or 1995?
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: You understood the call to be coming from someone who was a detective?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Detective with a law enforcement agency?
MR. STRANG: In an adjoining or nearby county?
ANDREW L. COLBORN: I believe so, yes, sir.
MR. STRANG: You don't remember the details today?
ANDREW L. COLBORN: No, I don't, sir.
MR. STRANG: And, indeed, on October 13, 2005, you didn't remember many of the details either?
ANDREW L. COLBORN: No, sir.
MR. STRANG: But the gist of it was, we have got somebody here in custody who we think maybe did an assault in Manitowoc County, that was part of it?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And we further think that you may have someone in jail for the assault?
ANDREW L. COLBORN: That was the gist of the phone conversation, yes.
MR. STRANG: Right. And I understand you don't remember the exact words, but that was the gist?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Now, as a corrections officer in the jail, this was not directly your responsibility?
ANDREW L. COLBORN: No, sir.
MR. STRANG: You passed, or tried to pass the call, to the Detective Unit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: But you understood that you were being told, by a law enforcement officer, that Manitowoc County may have someone locked up, who didn't commit the crime for which he was imprisoned; that much you understood?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Was that a matter to shrug off for you?
ANDREW L. COLBORN: I didn't shrug it off, sir. I did what the caller asked me to do, connect him to a detective.
MR. STRANG: I think, actually, you suggested that perhaps the caller should talk to a detective?
ANDREW L. COLBORN: No, he specifically asked for a detective.
MR. STRANG: How he happened to call the jail and get to you, you have no idea?
ANDREW L. COLBORN: No, I don't, sir.
MR. STRANG: Lieutenant Lenk, you were aware, also was deposed, had his deposition taken, in this same lawsuit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: This was a federal lawsuit?
ANDREW L. COLBORN: I don't even know enough about it to know whose jurisdiction it was.
MR. STRANG: Okay.
ANDREW L. COLBORN: I know there was a lawsuit.
MR. STRANG: All right. Do you know if it was down in Milwaukee?
ANDREW L. COLBORN: The deposition? My deposition?
MR. STRANG: Or the lawsuit, either one?
ANDREW L. COLBORN: My deposition was in the City of Manitowoc. I don't know where the lawsuit -- I don't know.
MR. STRANG: Fair enough. But you did -- you did have an opportunity to talk to Lieutenant Lenk about the fact that he, too, was having his deposition taken?
ANDREW L. COLBORN: I don't recall discussing the deposition portion of it with Lieutenant Lenk.
MR. STRANG: What did you discuss, about the civil lawsuit, with Lieutenant Lenk?
THE COURT: Excuse me, Counsel, are you referring to some time before the deposition or after?
MR. STRANG: I'm referring to the time immediately before the deposition, after you would have gotten your subpoena.
ANDREW L. COLBORN: Okay. Yes, I knew that Lieutenant Lenk had a subpoena for the same deposition that I did, yes.
MR. STRANG: Okay. And I'm not interested in the content of your conversation, which probably would be hearsay, but the two of you established that one another had subpoenas for depositions in that lawsuit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And, again, without going into the content, aft -- shortly after your depositions were taken, the two of you talked about the fact that your depositions had been taken?
ANDREW L. COLBORN: Not really, not beyond the fact of, you know, did you go on the day that you were supposed to, yes, and that was pretty much it.
MR. STRANG: Okay. Fair enough. Did you have any concern that you would be added as a defendant in that lawsuit?
ANDREW L. COLBORN: I don't know if concern is the correct word, I know I expressed that I didn't have any knowledge of that case. I wasn't a Manitowoc County resident at that time.
MR. STRANG: My question, though, was whether you had concern, the thought crossed your mind, that you might be added as a defendant in that civil lawsuit?
ANDREW L. COLBORN: Yes, the thought crossed my mind that I might be added as the defendant.
MR. STRANG: You had never been the defendant in a lawsuit before?
ANDREW L. COLBORN: Not that I recall, no.
MR. STRANG: Do you think you would recall?
ANDREW L. COLBORN: I would think, but ...
MR. STRANG: This isn't something you were relishing?
MR. STRANG: How do you think having been a defendant in Mr. Avery's lawsuit, for his wrongful conviction, would have affected your prospects in the race for sheriff?
MR. KRATZ: Objection, speculation.
MR. STRANG: (By Attorney Strang)~ Did you consider that?
THE COURT: Just a second. I'm going to sustain the objection.
MR. STRANG: (By Attorney Strang)~ Did you consider the prospect of an effect on your race for sheriff, if you were added to that lawsuit?
ANDREW L. COLBORN: No, I didn't, sir.
MR. STRANG: I would like to shift off the lawsuit and talk to you about reports, police reports, for a little bit. And I promised you we were going to get back to the recruit academy, and we will.
Reports are something that police officers, and by that I mean broadly; sheriff's deputies, municipal police officers, special agents of the Division of Criminal Investigation, just law enforcement officers generally. All right. Reports are something that is common to the work of policemen?
ANDREW L. COLBORN: Is that a question?
MR. STRANG: It is.
ANDREW L. COLBORN: Yes, reports are common to policing.
MR. STRANG: That is one of the things you learned to do in the recruit academy, was to prepare a report?
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: It is a regular routine, in policing, to prepare reports of your activities, as they bear on a criminal investigation?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were taught in the academy the basics of how to prepare such a report?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Reports have several purposes, I guess, one would be to assure accurate collection of facts; that would be one purpose of a police report?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Another purpose would be to set down, on paper, your memories before they begin to fade?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: A third purpose would be to allow others in the department to benefit from knowing what facts you had learned or steps you had taken in an investigation?
ANDREW L. COLBORN: That I don't -- that I don't know. Sometimes reports are confidential and no other officers view them.
MR. STRANG: Sometimes, but let expands on that. In any sort of a larger jurisdiction, let's use Manitowoc County, the sheriff's department, policing is a 24 hour a day business?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: 365 days a year?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That is, there may be very small towns that have only a part-time police officer, constable, police department, correct?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: But with the Manitowoc County Sheriff's Department, it's around the clock, 24/7, 365 days a year?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Obviously, no single officer can work 24 hours, seven days a week, so you divide the day into shifts.
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: A criminal investigation that happens to begin on one shift, may be carried over on another?
ANDREW L. COLBORN: Yes, that's possible.
MR. STRANG: Officers who actually don't work the same shift, may be working on the same investigation?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Witnesses may have to be interviewed and their working hours may require officers who work on the late shift, or the overnight shift, to conduct the interviews?
ANDREW L. COLBORN: Correct.
MR. STRANG: So by preparing reports, officers on one shift can share their information with officers on the other shifts?
ANDREW L. COLBORN: Absolutely.
MR. STRANG: And in this sense, there is a collective benefit that allows the department to continue its criminal investigative duties, around the clock?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Yet another purpose of police reports is to report upward, to supervisors, what it is you are doing?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Reports typically are reviewed by supervisors?
ANDREW L. COLBORN: Yes, they are.
MR. STRANG: For accuracy?
MR. STRANG: For thoroughness?
MR. STRANG: For completeness?
MR. STRANG: Preparing reports is something that a thorough police officer does?
MR. STRANG: Preparing reports is something that a police officer should do in a timely fashion, true?
MR. STRANG: Because, again, one of the first purposes is to get the facts down on paper accurately while they are fresh in your mind?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And preparing reports in a timely and thorough way is something that a fair police officer does, isn't it?
ANDREW L. COLBORN: I would imagine, yes, sir.
MR. STRANG: That is, you want the report to be objective?
MR. STRANG: Accurate in the sense of fair and factually correct?
MR. STRANG: Not tilted or biased in any fashion?
ANDREW L. COLBORN: Correct.
MR. STRANG: The idea is to lay out the facts and see where they lead?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You prepare reports, then, and as they go up the stream, for a supervisors review, the supervisor typically will sign off or indicate approval in some fashion?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Or may send the report back for further work?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You are a supervisor, yourself, in the Road Patrol Unit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You fill this function. That's one of your administrative duties, is to review reports prepared by deputies under you, in the Road Patrol Unit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You encourage them to file timely reports?
MR. STRANG: Thorough reports?
MR. STRANG: And fair reports?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The reports, you know, after now 10, going on 11 years as a sworn law enforcement officer, then sometimes will go further, to a prosecutor?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Prosecutors rely on those police reports in making charging decisions?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: If they elect to charge a case, you know as well, in your criminal justice system, that the reports, then, go to the defense, once a case has been charged in court?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The defense lawyers then rely on the thoroughness of those reports?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The accuracy of those reports?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The timeliness of those reports?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And at a very practical level, if later, you, as the officer involved in some activity, have forgotten exactly what happened, you can turn back to your report?
MR. STRANG: Use it to refresh your recollection?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Sometimes use the report of other officers to refresh your recollection?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Which, again, is you relying on the accuracy and the thoroughness and the timeliness of reports by other officers?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And if you were to change your explanation of what happened, either the prosecution or the defense might use the report to show that you had said something different in the report?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: If you don't prepare a report, then you haven't committed anything to paper, correct?
ANDREW L. COLBORN: Correct.
MR. STRANG: And someone who doesn't commit anything to paper, then, can't be pinned down on the details as would someone who had put the details on paper?
ANDREW L. COLBORN: Okay. I mean, that makes sense.
MR. STRANG: Makes sense to you?
ANDREW L. COLBORN: Mm-hmm.
MR. STRANG: Now, let's go to this investigation, the activities concerning this investigation, are you with me?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: November 3, 2005, when you learned from Mr. Wiegert that Teresa Halbach was missing, was just about exactly, to the day, three weeks after your deposition in Steven Avery's lawsuit?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were the shift commander that day, as we have established?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You learned about Ms Halbach being missing at about what time?
ANDREW L. COLBORN: Somewhere between 6:30 and 7:30.
MR. STRANG: You were scheduled to get off shift at eight?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Nearing the end of your day?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: As shift commander, you could have assigned anyone in road patrol to go out to the address on Avery Road?
MR. STRANG: You chose to do it yourself?
MR. STRANG: Did you go alone?
ANDREW L. COLBORN: Yes, I did.
MR. STRANG: At that time, all you knew is that this address on Avery Road was one of the appointments that Ms Halbach evidently had the day she was last seen by family or friends?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You happened to meet Steve Avery -- or not meet him for the first time, but run into him, so to speak, when you went out there that evening?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You talked with him?
ANDREW L. COLBORN: Yes, I did.
MR. STRANG: He was very cordial?
ANDREW L. COLBORN: Yes, he was.
MR. STRANG: And as you followed through, you saw events unfold, eventually it was Steven Avery who was charged with killing Teresa Halbach?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That came a week, roughly, after your first conversation with him on Thursday, November 3rd?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Mr. Avery then was charged with the most serious crime someone can commit in this state?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: When, sir, did you first make a written report of anything having to do with the November 3, 2005, meeting with Mr. Avery?
ANDREW L. COLBORN: June of '06 I believe.
MR. STRANG: Does June 29, 2006 sound correct?
MR. STRANG: A few days short of the 4th of July?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Not quite 8 months after the conversation with Mr. Avery?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Was that a timely report?
ANDREW L. COLBORN: I wasn't even aware that Manitowoc County had our own report. I didn't find out about it till then.
MR. STRANG: You were aware that Manitowoc County sheriff's deputies had played a substantial role at the Avery property for a week, from November 5 to November 12?
MR. STRANG: You saw literally dozens of fellow officers from the Manitowoc County Sheriff's Department during that week?
MR. STRANG: And your testimony today is you aren't aware that any of them ever wrote any report?
ANDREW L. COLBORN: No, I wasn't. I knew Calumet County Sheriff's Department was handling the report portion of it.
MR. STRANG: And somebody finally suggested to you, in June, more than 7 months later, that maybe you ought to write a report about that first interview with Steven Avery?
ANDREW L. COLBORN: They informed me that there was indeed a report and that I should make an entry on it, yes.
MR. STRANG: You made an entry on it?
ANDREW L. COLBORN: Yes, I did.
MR. STRANG: And that entry was all of about a page?
ANDREW L. COLBORN: I guess it was a few paragraphs; I don't know how many.
MR. STRANG: Did you happen to notice when you were with Mr. Avery on November 3, a big, fresh gash or cut on his right middle finger?
ANDREW L. COLBORN: No, I did not notice that.
MR. STRANG: Didn't notice him bleeding?
ANDREW L. COLBORN: No, sir, I didn't.
MR. STRANG: Or notice anything that looked like it had been recently bleeding or recently a fresh, open cut?
ANDREW L. COLBORN: No, sir, I didn't notice any injury.
MR. STRANG: That's why there is no mention of such an injury in your report, true?
ANDREW L. COLBORN: Correct.
MR. STRANG: What time does the Court wish to take the afternoon break, for my purposes, your Honor?
THE COURT: We'll go another 10 minutes.
MR. STRANG: Thank you.
MR. STRANG: (By Attorney Strang)~ Now, did I understand you correctly, in your testimony earlier today, Sergeant Colborn, that today you remember what it is you were doing on your day off, Friday, November 4, 2005, the day after you first talked to Steven Avery?
MR. STRANG: We were talking about timely and thorough and accurate reports before. And I wonder if you recall, oh, a little over a month ago, not quite six weeks ago, in fact, January 11, 2007, being interviewed by Investigator Steier of the Calumet County Sheriff's Department; do you remember that?
MR. STRANG: And you knew that Investigator Steier was interviewing you in connection with this case?
MR. STRANG: You know, as a law enforcement officer, that it's important, if one speaks to another -- to a police officer, to give accurate information to the officer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You know, in fact, that it's a crime in the state of Wisconsin, intentionally to give false information to a police officer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And on January 11, 2007, you recall Investigator Steier asking you if you could recall what you had done on Friday, November 4, 2005, your day off; do you recall him asking you that?
MR. STRANG: And what you told him was, that you could not recall what you had done on your off day; that's what you told Investigator Steier?
ANDREW L. COLBORN: Yes, at that precise second that he asked me, I could not recall everything that I had done on that day.
MR. STRANG: You recalled later?
MR. STRANG: And when, sir, when did you call up Investigator Steier and say, I'm sorry, I was wrong, I now remember what I did on my day off, Friday, November 4, 2005?
ANDREW L. COLBORN: I didn't call Investigator Steier.
MR. STRANG: One of the things the road patrol officers, under your supervision, frequently do, is look for cars that appear out of place?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Or if they made a traffic stop, they will inquire about the license plate or the registration plates on an automobile?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And they will call into dispatch and give the dispatcher the license plate number of a car they have stopped, or a car that looks out of place for some reason, correct?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And the dispatcher, very quickly these days, with his or her computer screen, can get information about who -- to whom a license plate is registered?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Also, the dispatcher can give you, right over the phone or the radio, the information about what car the license plate is registered to?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: This is useful so that you know who you may be approaching, if there's a driver of the car that's stopped?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: It's also useful to know whether the license plate appears to be on the car for which it is registered?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: If the car is abandoned or there's nobody in the car, the registration tells you who the owner presumably is?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Are you the only Andy, to your knowledge, in the Manitowoc County Sheriff's Department?
ANDREW L. COLBORN: The only officer with the first name Andy?
MR. STRANG: Yes.
ANDREW L. COLBORN: No, I'm not.
MR. STRANG: All right. I'm going to ask you to listen, if you would, to a short phone call. And I will ask you, first, if you are the Andy speaking. All right?
ANDREW L. COLBORN: Mm-hmm.
MR. KRATZ: Judge, before counsel does this, could we have it identified as to the date and time.
MR. STRANG: Absolutely, I will do the best I can. In fact, I should mark it.
(Exhibit No. 212 marked for identification.)
MR. STRANG: This is a CD Rom that we obtained from the -- or a copy of the CD Rom that we obtained from the Manitowoc County Sheriff's Department, Exhibit 212, counsel. Thank you.
For counsel's benefit this will be track three. All I'm told by the sheriff's department is that these are calls between November 3 and November 12, 2005.
MR. KRATZ: Judge, we don't know when -- what he is about to play them is within a 9 day period?
MR. STRANG: If the witness made the call, I'm going to ask him when he made the call.
THE COURT: All right. Go ahead.
Manitowoc County Sheriff's Department. This is Lynn.
Lynn.
Hi, Andy.
Can you run Sam William Henry 582. See if it comes back to (Inaudible.)
Sam William Henry 582.
MR. STRANG: Let me just stop it right there. In fact, I'm going to go back, because it was so soft at the beginning.
Manitowoc County Sheriff's Department. This is Lynn.
Lynn.
Hi Andy.
Can you run --
MR. STRANG: (By Attorney Strang)~ Is that you?
ANDREW L. COLBORN: It sounds like me. I believe it's me.
MR. STRANG: Okay. I'll --
Sam William Henry 582. See if it comes back to (Inaudible.)
Lynn.
Hi Andy.
Can you run Sam William Henry 582. See if it comes back to (Inaudible.)
Sam William Henry 582. I (Inaudible.) All righty. You speak any Spanish there, Andy? I just a call at the top of the list, is my on call didn't call me back. If I want to get in trouble, Andy, I get in trouble. You know, what am I supposed to do?
Well --
My favorite one is in the city of Manitowoc. Okay. Shows that she's a missing person. And it lists to Teresa Halbach.
All set.
Okay. Is that what you're looking for, Andy?
'99 Toyota.
Yup.
Okay. Thank you.
You're so welcome. Bye, bye.
MR. STRANG: Okay. That's the entire call. Hangs up. That's your voice?
ANDREW L. COLBORN: Yes, I believe that's my voice. Yes.
MR. STRANG: When did you make that phone call inquiring about a license plate?
ANDREW L. COLBORN: I don't know.
MR. STRANG: Do you have any recollection of making that phone call?
ANDREW L. COLBORN: It would have had to have been 11/03/05 or -- I'm guessing 11/03/05.
MR. STRANG: Okay. But let's -- let's ask -- establish this first, do you remember making the call?
ANDREW L. COLBORN: Not really, no.
MR. STRANG: What you're asking the dispatcher, whose name is Lynn, is to run a plate that's Sam William Henry 582; did I hear that correctly?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Sam William Henry is a phonetic code that law enforcement officers use, because sometimes it's hard to tell just a letter over radio?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Sam William Henry would be SWH-582.
MR. STRANG: This license plate?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: I'm showing, for the benefit of the record, this is either Exhibit 152 or 153?
COURT CLERK: It's on the plate itself.
MR. STRANG: This one happens to be 153.
MR. STRANG: (By Attorney Strang)~ And the dispatcher tells you that the plate comes back to a missing person or woman?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Teresa Halbach. Mispronounces the last name, but you recognize the name?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And then you tell the dispatcher, Oh, '99 Toyota?
ANDREW L. COLBORN: No, I thought she told me that.
Manitowoc County Sheriff's Department. This is Lynn.
Lynn.
Hi Andy.
Can you run Sam William Henry 582, see if it comes back to (Inaudible.)
Sam William Henry 582. I (Inaudible.) All righty. Do you speak any Spanish there, Andy? I just got a call that the top of my list, is my on call didn't call me back. If I want to get in trouble, Andy, I get in trouble. You know, what am I supposed to do?
Well --
My favorite one is in the city of Manitowoc. Okay. Shows that she's a missing person. And it lists to Teresa Halbach.
All set.
Okay. That's what you're looking for, Andy?
'99 Toyota?
Yup.
Okay. Thank you.
You are so welcome. Bye, bye.
MR. STRANG: Actually you who suggests this is a '99 Toyota?
ANDREW L. COLBORN: I asked if it was a '99 Toyota, yes.
MR. STRANG: And the dispatcher confirmed that?
MR. STRANG: Were you looking at these plates when you called them in?
ANDREW L. COLBORN: No, sir.
MR. STRANG: And your best guess is that you called them in on November 3, 2005?
ANDREW L. COLBORN: Yes, probably after I received a phone call from Investigator Wiegert letting me know that there was a missing person.
MR. STRANG: Investigator Wiegert, did he give you the license plate number for Teresa Halbach when he called you?
ANDREW L. COLBORN: I don't remember the entire content of our conversation but, obviously, he must have because I was asking the dispatcher to run the plate for me.
MR. STRANG: Did you not trust that Investigator Wiegert got the number right?
ANDREW L. COLBORN: I don't -- That's just the way I would have done it. I don't -- It's not a trust or distrust issue.
MR. STRANG: I'm about to move to a different area, your Honor.
THE COURT: All right. We'll take our afternoon break at this time. Members of the jury, do not discuss the case during break. And we'll resume in about 15 minutes.
(Jury not present.)
THE COURT: Counsel, you should report back a little before 3:00.
MR. STRANG: Thank you.
(Recess taken.)
THE COURT: Mr. Strang, you may resume your cross-examination.
CROSS-EXAMINATION CONTD BY ATTORNEY STRANG:
MR. STRANG: So as you sit here today, Sergeant Colborn, you don't recall whether Investigator Wiegert gave you Ms Halbach's telephone number when he called you that Thursday evening?
ANDREW L. COLBORN: He never asked me anything about a telephone number.
MR. STRANG: But you think he must have given you her license plate number? Did I say telephone number?
ANDREW L. COLBORN: Yes, you did.
MR. STRANG: I'm sorry. I apologize. What I meant is, you don't recall, as you sit here today, whether Mr. Weigert gave you Teresa Halbach's license plate number when he called you on November 3?
ANDREW L. COLBORN: No, I just don't remember the exact content of our conversation then.
MR. STRANG: But --
ANDREW L. COLBORN: He had to have given it to me, because I wouldn't have had the number any other way.
MR. STRANG: Well, and you can understand how someone listening to that might think that you were calling in a license plate that you were looking at on the back end of a 1999 Toyota; from listening to that tape, you can understand why someone might think that, can't you?
MR. KRATZ: It's a conclusion, Judge. He's conveying the problems to the jury.
THE COURT: I agree, the objection is sustained.
MR. STRANG: This call sounded like hundreds of other license plate or registration checks you have done through dispatch before?
MR. STRANG: But there's no way you should have been looking at Teresa Halbach's license plate on November 3, on the back end of a 1999 Toyota?
MR. KRATZ: Asked and answer, your Honor, he already said he didn't and was not looking at the license plate.
THE COURT: Sustained.
MR. STRANG: (By Attorney Strang)~ There's no way you should have been, is there?
ANDREW L. COLBORN: I shouldn't have been and I was not looking at the license plate.
MR. STRANG: Because you are aware now that the first time that Toyota was reported found was two days later on November 5?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were aware that it was found, without its license plates?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You are aware that the license plates weren't reported found until November 8, 2005?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Now, you spent a good bit of your time, your working hours at least, between November 5 and November 9, at the Avery salvage property.
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You were asked on direct examination if you remembered when you first arrived on Saturday, November 5, at that property; do you recall that?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And if I heard you correctly, which you said is you thought somewhere between 5 and 5:15?
ANDREW L. COLBORN: That's what I thought, yes.
MR. STRANG: Is that your recollection as you sit here now?
MR. STRANG: Okay. Now, that's a question that you have been asked at a prior hearing in this case, correct?
MR. STRANG: Back on August 9, 2006, you testified at a hearing?
MR. STRANG: Page 42, counsel.
MR. STRANG: (By Attorney Strang)~ And on August 9, 2006, you were asked the following question and gave this answer?
MR. STRANG: Okay. Now, moving onto Saturday, November 5th, did you -- can you tell me what time you arrived at the Avery property?
And your answer was:
ANDREW L. COLBORN: Sometime between 6 and 6:30, in the evening.
And I will show you the transcript. Is that the question you were asked and the answer you gave on August 9?
ANDREW L. COLBORN: Yes, it is.
MR. STRANG: Now, since then, you have had a chance to get prepared to testify for this trial?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: One of the things you have had the benefit of doing is sitting down with the gentleman to my right, at the prosecution table?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And they ran through some of the areas they expected to cover with you in your testimony?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You did not have the benefit of doing that on, or shortly before, August 9, 2006?
ANDREW L. COLBORN: Yes, I did. Actually, we did it on 6/29/06, the date you previously mentioned.
MR. STRANG: Okay. Five or six weeks earlier?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Specifically, have you had a chance, though, since August 9, to look at the log sheet for November 5, 2005, at the Avery property?
ANDREW L. COLBORN: I have not.
MR. STRANG: How is it that your memory improved or changed and that you now think it was between 5 and 5:15 that you arrived, not 6 or 6:30?
ANDREW L. COLBORN: I -- I don't know. I did review my time cards for that pay period and I saw what time I went on duty, so I -- when I answered Mr. Kratz's question, I didn't think it would have taken me from 6 or 6:30 to get there.
MR. STRANG: Okay. So it's not so much that you actually remember now, it's just that you have spent some time trying to reconstruct time from your house and when you got the call and what your time records show?
MR. STRANG: Okay. And we have got Exhibit 142 in evidence and I would say today you did pretty well. I will show you Exhibit 142. I have got it open to the page where I think you will find yourself signing in; is that right?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: 5:12 p.m.?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That would be the sign in out by the Command Post, true?
ANDREW L. COLBORN: I don't know. I -- I have never seen this form before today. That's what it looks like.
MR. STRANG: Well, the question really is, where do you remember logging in?
ANDREW L. COLBORN: I thought we logged in out by Avery Road and 147, but if you say it's by the Command Post, that could be.
MR. STRANG: No, no, no, I wasn't there. Avery Road and 147, in other words, even farther out from the Command Post?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: To get anywhere near the property you had to log in?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: All right. 5:12 p.m. you log in?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Do you recall, now, whether Lieutenant James Lenk was there when you arrived, on November 5?
ANDREW L. COLBORN: I don't know if he was there or came later. I don't know.
MR. STRANG: Okay. And you do know that you logged out with him and with Detective Remiker that evening; do you recall that?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And, indeed, we can see that if you flip forward a couple three pages, can you find where you have logged out, on Exhibit 142?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: The three of you, Lenk, Colborn, Remiker log out another 10:41 p.m.?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Now, you were, as I say, spending most of your working hours out there, somewhere on the Avery property, from November 5 through at least November 9?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You -- As you told us already, you went into Steven Avery's trailer a number of different times during those several days?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You said on direct examination that, you know, at least initially, you still viewed this as a missing persons case?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You also knew that by the time you entered Mr. Avery's trailer at 7:30 on Saturday, November 5, you were doing so with a search warrant?
MR. STRANG: A search warrant in which a fellow law enforcement officer had sworn that you were looking for evidence of murder, among other things?
ANDREW L. COLBORN: I didn't know what the content of the search warrant was or how they obtained it.
MR. STRANG: Search warrants, though, you do know, are used in criminal investigations?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Not in missing person investigations?
ANDREW L. COLBORN: I can't really answer that. I could imagine the Court would give a search warrant for a missing person if we could prove probable cause that that missing person was at a certain spot.
MR. STRANG: Isn't a search warrant ordinarily used --
ANDREW L. COLBORN: Yes, it is.
MR. STRANG: -- when there is probable cause to believe you will find evidence of a crime?
ANDREW L. COLBORN: Yes, it is.
MR. STRANG: All right. And you were looking for evidence of a crime, beginning on the evening of November 5, true?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: One of the things you do, as an evidence technician, is you wear latex gloves, just like those that Mr. Wiegert had on earlier, when you searched someone's home, or garage, or whatever it is?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You wear those, everybody involved, every law enforcement officer involved in the search wears them?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That way you can't leave your own fingerprints at the scene or on evidence?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And in theory, you shouldn't be leaving your own DNA on the scene or on evidence?
ANDREW L. COLBORN: Correct, sir.
MR. STRANG: So you're in the house on November 5, November 6, November 7, November 8, true?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And, finally, on November 8, Mr. Kratz asked you, were you doing a thorough search of the master bedroom of Mr. Avery's trailer; do you remember that?
MR. STRANG: Now, that thorough search, had you working on the bookcase and on the desk?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You described yourself as being, I think you said none too gentle?
ANDREW L. COLBORN: That's true.
MR. STRANG: With the bookcase. And explained, I wasn't any too gentle, as we were getting exasperated?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: What was exasperating you about the bookcase, or that bedroom, on November 8, 2005?
ANDREW L. COLBORN: The content of the material that we were collecting.
MR. STRANG: So you felt exasperated and that caused you to take it out on the bookcase?
ANDREW L. COLBORN: Didn't exactly take it out on the bookcase, it just caused us to not be gentle in the handling of the material.
MR. STRANG: You were back in again on November 9, I don't know that you covered that on direct, but you actually were back into Mr. Avery's trailer, briefly, on November 9, to look for a garage door opener?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That was also with Lieutenant Lenk, correct?
ANDREW L. COLBORN: And a Calumet County deputy, yes, sir.
MR. STRANG: Named Wendling, Deputy Wendling?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: From Calumet County? There was no time that you went in Mr. Avery's home during November of 2005 when you were not also with Lieutenant Lenk?
ANDREW L. COLBORN: Not that I recall.
MR. STRANG: No time you went into Mr. Avery's garage when Lieutenant Lenk was not also with you?
ANDREW L. COLBORN: Not that I recall, no, sir.
MR. STRANG: This case, you would describe as the largest investigation in which you personally had participated as a law enforcement officer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Some of the lengthiest searches, if we take November 5 through November 9 as a whole, in which you have participated?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Led to very serious charges against Mr. Avery?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You now know that the law enforcement agencies involved, principally Calumet County Sheriff's Department and the Division of Criminal Investigation, have generated hundreds or thousands of pages of police reports?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Your total contribution to those reports, is what, a little bit under half a page, as of November 8, 2005?
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: And then about another page as of June 29, 2006?
ANDREW L. COLBORN: Correct.
MR. STRANG: The report that you filed on, or shortly after, November 8, 2005, makes no mention of the Toyota key?
ANDREW L. COLBORN: That's correct, sir.
MR. STRANG: Would you like to see it?
ANDREW L. COLBORN: No, I believe you.
MR. STRANG: In fact, the only thing you discuss in your report is that on November 8, 2005, you were using these cotton swabs, about which we have all heard a lot, and distilled water, to collect some blood spots in the bathroom and laundry room of Mr. Avery's trailer?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Were there things that you did not want to commit to paper, in a report?
ANDREW L. COLBORN: No, sir.
MR. STRANG: And it all began, I guess, your involvement in this investigation began, that Thursday night, November 3, 2005?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: And that's the -- that's the report that we established you wrote more than 7, nearly 8 months later?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: That is, it was almost 8 months after that conversation with Steven Avery, the first conversation with him in this investigation, that you wrote down what you say he said to you, back on November 3?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Did you have any rough notes, note pad, anything to work off when you wrote that report in the heat of June, 2006?
ANDREW L. COLBORN: No, I did not, sir.
MR. STRANG: Well, about 8 months, but then, again, while we're on Steven Avery and your reports about him, that phone call, the phone call you took way back in 1994 or 1995, when you were working in the jail, the phone call where a detective from another law enforcement agency told you you may have the wrong guy in jail, that one?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: Did you ever write a report about that?
ANDREW L. COLBORN: No, sir.
MR. STRANG: Well, actually you did, didn't you? It was about 8 years later, wasn't it?
ANDREW L. COLBORN: I wrote a statement on it, yes, sir.
MR. STRANG: You wrote a statement after Sheriff Peterson suggested that maybe you should?
ANDREW L. COLBORN: Yes, sir.
MR. STRANG: You wrote that statement in 2003, about the 1994 or 1995 telephone call?
MR. STRANG: You wrote that statement in 2003, the day after Steven Avery finally walked out of prison, didn't you?
ANDREW L. COLBORN: I don't know what day Steve was released from prison, but I wrote the statement in 2003.
MR. STRANG: September 12, 2003 sound right?
ANDREW L. COLBORN: I said, I don't know the date that I wrote the statement, but I know it was in 2003.
MR. STRANG: Well, I think I do know the date you wrote it and I'm a happy to show it to you.
MR. STRANG: I will mark it for identification.
(Exhibit No. 213 marked for identification.)
MR. STRANG: (By Attorney Strang)~ What do you know as Exhibit 213?
ANDREW L. COLBORN: That's the statement I wrote after speaking with Detect -- or Sheriff Peterson.
MR. STRANG: What's the date of your statement?
ANDREW L. COLBORN: September 12, 2003.
MR. STRANG: Do you remember that now as the day after Steven Avery finally walked out a free man?
ANDREW L. COLBORN: Sir, I already said I didn't know what day he got released.