1.William Tyson — Cross/Redirect (Part 2)
789 lines(Jury present.)
THE COURT: The Court calls State of Wisconsin vs. Steven Avery, Case No. 05 CF 381. We're here this morning for the continuation of the trial in this matter. Will the parties state their appearances for the record, please.
MR. KRATZ: Good morning, Judge, the State appears by Calumet County D.A. Ken Kratz, Assistant Attorney General Tom Fallon, Assistant D.A. Norm Gahn, appearing as Special Prosecutors.
MR. BUTING: Good morning, your Honor, Attorney Jerome Buting and Dean Strang appearing with Mr. Avery today.
THE COURT: All right. I believe when we left yesterday the State had completed it's direct examination of Officer Tyson and the Defense will begin cross-examination today. Is the witness here?
COURT CLERK: Please raise your right hand.
SERGEANT WILLIAM TYSON, called as a witness herein, having been first duly sworn, was examined and testified as follows:
COURT CLERK: Please be seated. Please state your name and spell your last name for the record.
WILLIAM TYSON: William Tyson, T-y-s-o-n.
CROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: Good morning, Sergeant.
WILLIAM TYSON: Good Morning.
MR. BUTING: Let me start right off by directing your attention to November 5th, first arrival at the scene, okay, remember that?
WILLIAM TYSON: Yes, sir.
MR. BUTING: You testified yesterday that you arrived at, I believe about 2:45. It was about five minutes to three by the time you got up to where the RAV4 was located; does that fit with your recollection?
WILLIAM TYSON: Correct.
MR. BUTING: All right. And I don't know if you need to refresh your recollection with your report, just let me know if you do, okay?
WILLIAM TYSON: Okay.
MR. BUTING: But from what I understand, it appears that you left that area at 3:10 p.m., just 15 minutes later?
WILLIAM TYSON: Correct.
MR. BUTING: You were called back to the command center to do some other assignments?
WILLIAM TYSON: Correct.
MR. BUTING: And during that 15 minutes, when you first arrived, was the RAV4 covered with a tarp or was it uncovered?
WILLIAM TYSON: It was uncovered.
MR. BUTING: Okay. But during that 15 minutes is the period of time when the tarps were put over the RAV; isn't that right?
WILLIAM TYSON: Yes, they were attempting to get that tarp in place.
MR. BUTING: Okay. And you testified about that and you were actually one of the people who helped put it over the RAV4?
WILLIAM TYSON: I never physically touched the tarp. I did assist with getting some objects, I believe, from a vehicle that was right next to it.
MR. BUTING: Okay.
WILLIAM TYSON: To secure it down, to prevent it from blowing away.
MR. BUTING: Okay. So you were just helping as others were building this, like, tent, like, object over the RAV?
WILLIAM TYSON: That would be accurate, yes.
MR. BUTING: Okay. And you were taking extreme care, everybody was taking extreme care so that it wouldn't actually -- the tarp wouldn't actually touch the RAV4 itself?
WILLIAM TYSON: Yes, all the officers were very conscious of that fact.
MR. BUTING: So there was space around it, underneath the tarp, right?
WILLIAM TYSON: They were trying to do the best they could to make sure that the top of the vehicle was not touched by the tarp.
MR. BUTING: Okay. And that was completed, that operation of putting the tarp over it was completed by the time you were called away to the command center, right?
WILLIAM TYSON: They were still working on it when I was relieved of my duties. There were some issues, the winds were picking up. I know they were trying their best to get that situated. I don't believe, to the best of my recollection, that that was totally finished by the time I was released.
MR. BUTING: Okay. But largely covered, being able to weigh it down still; is that the gist of it?
WILLIAM TYSON: I think that would be accurate.
MR. BUTING: Making some adjustments, perhaps?
WILLIAM TYSON: That would be accurate.
MR. BUTING: Okay. So, if -- if we heard other testimony that showed that the RAV4 was still completely covered with the tarp at 4:16 p.m., then that would mean, for at least one hour, that RAV4 was covered; would that be right?
WILLIAM TYSON: Yeah, it was, you know, like I said, I left at 10 minutes after three, they were still doing some adjustments to it. So, yeah, if you heard testimony at 10 after 4, I was not down there so I don't know for sure.
MR. BUTING: So you never went back to that site?
WILLIAM TYSON: Correct.
MR. BUTING: The rest of the night you never went back to see the RAV4 yourself?
WILLIAM TYSON: I believe later on in the evening, after the canine dogs had searched the area, I was down in that area, but not near the RAV4. I was down by the pond area and through the lanes, but never really directly by the RAV.
MR. BUTING: By the way, did you see -- Can you -- can you tell me when you first saw Lieutenant Lenk at the Avery salvage that day?
WILLIAM TYSON: My recollection, the first time I saw Lieutenant Lenk would have been up at the command center on the top of the hill.
MR. BUTING: All right. Well, would that have been the first time you got there, or would that have been later, which time?
WILLIAM TYSON: It would have been after I cleared from the Toyota RAV. We were up at the command center. There were officers who I did not know at that time. I never met these officers, was introduced to those officers.
MR. BUTING: Okay. So around 3:15 or so is when you think you were introduced to Lieutenant Lenk up at that command center?
WILLIAM TYSON: I can't be sure if he was on scene immediately when I got there, or if he showed up a half hour later. I really don't know for sure what time he showed up on scene.
MR. BUTING: Okay. What about Sergeant Colborn?
WILLIAM TYSON: Same would apply to him, I never met Sergeant Colborn before so I didn't know who he was. I was introduced to him, but I can't be certain what time they actually showed up at the scene.
MR. BUTING: All right. Now, when you first arrived at the RAV4 location at approximately 3:00, you were actually the first Calumet officer to relieve any Manitowoc officer from security in that immediate area, right?
WILLIAM TYSON: That's my understanding.
MR. BUTING: All right. So that if the first officers -- Manitowoc officers arrived at about 11:00 a.m. to 3:00 p.m., that means the first four hours that that vehicle was in that location Calumet was not securing it, Manitowoc was securing it, right?
WILLIAM TYSON: I don't know exactly who was securing it. All I know is I believe the Manitowoc deputy, if there were other DCI officers there, I really don't know.
MR. BUTING: So you don't know what happened before you came, you just know as far as Calumet goes -- Calumet officers, you were the first?
WILLIAM TYSON: That's what I was told.
MR. BUTING: All right. Now, when you went to the Command Post, the first time, when you first checked in at 2:45 or so, you had the -- were you introduced to who was in charge at that point?
WILLIAM TYSON: No, my recollection is, is when I arrived with Deputy Bass, I was met by Investigator Wiegert and Steier and they informed me to respond directly down into the junkyard area. I don't believe I got out and socialized with the group at all. It was just, you need to go down there and take care of whatever they need your assistance with.
MR. BUTING: So you weren't told at that time about this decision to transfer authority away from Manitowoc to Calumet County, or were you?
WILLIAM TYSON: I was not.
MR. BUTING: All right. That didn't come until later when you went back to the Command Post and were given some search assignments?
WILLIAM TYSON: Yes.
MR. BUTING: And you have been with Calumet for how long?
WILLIAM TYSON: Approximately 15 years.
MR. BUTING: So you are pretty familiar with the officers in your -- the other deputies and sergeants and detectives on your staff, right?
WILLIAM TYSON: Right.
MR. BUTING: And you know which ones are evidence collection people and which ones aren't, right?
WILLIAM TYSON: Yes.
MR. BUTING: Some have training in that and some don't, right?
WILLIAM TYSON: Correct.
MR. BUTING: But in your department, you mentioned yourself, that you had had some kind of training or experience since 1994?
WILLIAM TYSON: Yes.
MR. BUTING: Let me go through a list of some people and see if these aren't evidence collection qualified members of your department. All right.
WILLIAM TYSON: Okay.
MR. BUTING: Deputy Kucharski?
WILLIAM TYSON: Yes.
MR. BUTING: Deputy Riemer?
WILLIAM TYSON: Yes.
MR. BUTING: Investigator Wiegert?
WILLIAM TYSON: I don't believe Investigator Wiegert ever had any evidence --
MR. BUTING: Really?
WILLIAM TYSON: -- technician class. He did some work with arsons and things like that. He was an arson investigator. He did collect all the evidence at arson scenes.
MR. BUTING: What about Detective Dedering?
WILLIAM TYSON: I don't believe Detective Dedering ever had the official evidence class. He may have had some on-the-job training from other officers, but officially I can't testify that he did.
MR. BUTING: Okay. Gary Steier?
WILLIAM TYSON: Yes.
MR. BUTING: Jeremy Hawkins?
WILLIAM TYSON: Yes.
MR. BUTING: How about Wendy Baldwin?
WILLIAM TYSON: I don't believe she had any evidence technician training.
MR. BUTING: Any other evidence technician training officers that you can think of on your force?
WILLIAM TYSON: Yes.
MR. BUTING: Who?
WILLIAM TYSON: Keith Ristow and Nick Sablich.
MR. BUTING: Okay. So Ristow, Sablich, Hawkins, Steier, Riemer, Kucharski, and yourself?
WILLIAM TYSON: Maybe a correction on that, Deputy Sablich didn't obtain his training until after the Avery case, the initial time on scene. He first went through the class after that.
MR. BUTING: All right. So we'll take one away. Six, right? Six evidence qualified technicians, just on the Calumet Sheriff's Department, right?
WILLIAM TYSON: That would be correct, with the exception that, like, Investigator Steier, for example, when you are promoted to, like, an investigator position, you have different responsibilities, he doesn't do -- not called out to things like that, for crime scenes for that part. But he is more of an investigator than an evidence collector.
MR. BUTING: Well, hold on just one second there, sir. Let's fast forward here to March 1st and 2nd here for a second. Who was the officer who was collecting evidence on those two days?
WILLIAM TYSON: Inside the residence, it was myself.
MR. BUTING: And inside the garage was Gary Steier, was it not?
WILLIAM TYSON: He was present. I'm not sure what his responsibilities were in the garage.
MR. BUTING: Well, we'll deal with him later. Anyway moving back, so there's six officers on your force who were evidence collection qualified on November 5th, right?
WILLIAM TYSON: Correct.
MR. BUTING: And we also know, the very next day, you went out with a team of Manitowoc city police by the name of Jeff Tech, T-e-c-h?
WILLIAM TYSON: Correct.
MR. BUTING: Brian Swetlik?
WILLIAM TYSON: Correct.
MR. BUTING: And Robert Block?
WILLIAM TYSON: Correct.
MR. BUTING: All of whom were evidence collection technicians for that department, right?
WILLIAM TYSON: I don't know what their qualifications were. It was explained to me when I first was introduced to them that Brian Swetlik was a detective sergeant; and Jeff Tech was a detective; and Rob Block was a patrol officer and evidence collection --
MR. BUTING: Right.
WILLIAM TYSON: -- officer.
MR. BUTING: And they were part of your team the very next day?
WILLIAM TYSON: Yes.
MR. BUTING: And they were going around and they were collecting evidence, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you wouldn't let somebody collect evidence who wasn't trained to do so, would you?
WILLIAM TYSON: Well, I wasn't in charge of calling those people to assist me. If the investigators felt comfortable with them, they would have made that decision. They would know better than I would at that time what their qualifications were. I trusted the decisions that were being made at the command center.
MR. BUTING: All right, sir. So you watched those three officers all day when you were with them, right?
WILLIAM TYSON: Which day?
MR. BUTING: November 6th, that's the Manitowoc officers that we're having a little dispute about here: Mr. Tech, Swetlik and Block.
WILLIAM TYSON: I was with them.
MR. BUTING: You were them. You never had any concerns about whether they were collecting evidence properly, did you?
WILLIAM TYSON: I had no concerns of their abilities.
MR. BUTING: So those three were competent evidence collection people, right?
WILLIAM TYSON: They appeared to be, yes.
MR. BUTING: Okay. So, in addition to those two departments, there were numerous other law enforcement officers on site on November 5th; isn't this right?
MR. KRATZ: I'm going to object, Judge. We're assuming a fact that's not in evidence. Mr. Buting is assuming that those three officers were there on the 5th, perhaps you should ask that question before who else was on site on the 5th.
THE COURT: All right. Mr. Buting, I will ask you to rephrase.
MR. BUTING: (By Attorney Buting)~ All right. You don't know who all was on site, but you know some of the officers on site?
WILLIAM TYSON: Yes.
MR. BUTING: You know that there were numerous departments represented on site on the 5th, right?
WILLIAM TYSON: Yes, there were several.
MR. BUTING: Okay. And you knew that there were Crime Lab specialists on site on November 5th, right?
WILLIAM TYSON: Yes.
MR. BUTING: You didn't have any decision making responsibility yourself as to how these teams were put together?
WILLIAM TYSON: That is correct.
MR. BUTING: So, specifically, when you went back to the Command Post at around 3:15 or 3:30 on November 5th, that's the time when you were given the assignment to go search places; you were paired up with Lenk, Colborn, and Remiker?
MR. BUTING: That came later?
WILLIAM TYSON: That was later.
MR. BUTING: That's right, you went out with some dogs for awhile, right?
WILLIAM TYSON: Well, at 3:00, when I got back, they were orchestrating teams to go do the initial entries into the residences. My responsibility was to find out who was going with who, document the times as they reported back.
So when the deputies, our officers, returned back to the command center, they would check in with me, tell me the times that they did entry, if it was forcible entry, non-forcible entry and the time that they exited the residence. So I was keeping a log for them and their times were given to them.
MR. BUTING: Okay. And those were what we heard earlier described as the sweep searches?
WILLIAM TYSON: Right.
MR. BUTING: The brief entries?
WILLIAM TYSON: Yes.
MR. BUTING: Okay. Then after that, you had a brief period of time where you were with some dog handlers, right?
WILLIAM TYSON: I met with the dog handlers, assigned officers to go with the handlers, to take their dogs out, yes.
MR. BUTING: And then you came back and is that when you were then assigned to go to with Lieutenant Lenk, Colborn and Remiker?
WILLIAM TYSON: Yes, it was after all that was done.
MR. BUTING: Now, is that the first time that you -- Well, let me ask you this, before November 5th even dawned, did you know about Mr. Avery's lawsuit against Manitowoc County and the sheriff's department?
WILLIAM TYSON: Yes.
MR. BUTING: And that -- Would it be fair to say that that was fairly general knowledge among law enforcement officers in the northeast Wisconsin area?
WILLIAM TYSON: I don't know if law enforcement officers watch the news like I do, but I was well aware of it. I can't speak for any other officer --
MR. BUTING: All right.
WILLIAM TYSON: -- if they were following that story.
MR. BUTING: So, at any rate, before you even got there, you knew about that. And when were you first advised that the -- because of that, the Manitowoc sheriff had transferred authority over to Calumet?
WILLIAM TYSON: It was shortly after arriving back at the Command Post around, 3:10. I know the district attorney from Manitowoc County was there; I believe his name is Mark Rohrer; and our district attorney was there; sheriff; and I think there were some high management people within the Manitowoc County Sheriff's Department.
MR. BUTING: All right. And then when you were given the assignment to go into Mr. Avery's residence, this was about 7:30 p.m. on Saturday evening, November 5th?
WILLIAM TYSON: Yes, we made entry at 7:30.
MR. BUTING: Okay. So you were assigned shortly before that I assume, right?
WILLIAM TYSON: Correct.
MR. BUTING: Who was making that assignment, Mr. Fassbender or Mr. Wiegert?
WILLIAM TYSON: To tell you the truth, I don't know which one came up with that assignment. I don't know.
MR. BUTING: Okay. Were they both present?
WILLIAM TYSON: They were both in the command center area, yes.
MR. BUTING: All right. And you said on direct that you were advised to watch them, make sure that none of Manitowoc officers were alone in the property?
WILLIAM TYSON: That was the initial instruction from the district attorney of Manitowoc County. He made an announcement to all Manitowoc officers, that you are not to be alone on the property, period.
MR. BUTING: Were you there when that was made?
WILLIAM TYSON: Yes.
MR. BUTING: Okay. And so was there a discussion of that again with Mr. Wiegert or Mr. Fassbender when you were signed up, paired up with these three Manitowoc officers?
WILLIAM TYSON: I don't think that was reiterated; it was well understood.
MR. BUTING: Well, your assignment inside that trailer, the residence, was to, as I recall, was to not actually do the searching yourself, you were just watching, making notes, documenting, right?
WILLIAM TYSON: Yes.
MR. BUTING: So of the four officers in that little trailer, only the Manitowoc officers were the ones actually doing the searching, right?
WILLIAM TYSON: Right.
MR. BUTING: You were doing the watching, right?
WILLIAM TYSON: I was doing the documentation.
MR. BUTING: And the watching, right?
WILLIAM TYSON: Yes.
MR. BUTING: You never let them out of your eye sight, did you?
WILLIAM TYSON: I cannot sit up here and look at you guys and tell you that three hours inside that residence that I didn't turn my back, walk away, glance away; so I can't say that every second of the close to three hours I was making direct eye contact with them or watching every move they made.
MR. BUTING: Well, you did, I think at one point, describe an incident or moment when --
MR. BUTING: Actually, let's put up -- Counsel, I am going to need your indulgence on this, please, because I don't have the computer animated diagram. Would you be able to put that up?
MR. STRANG: I do.
MR. BUTING: Do we? Let me figure out the exhibit number.
MR. FALLON: What exhibit numbers, counsel?
MR. BUTING: We're going to start with 102.
MR. FALLON: On the ELMO.
MR. BUTING: Yes.
MR. BUTING: (By Attorney Buting)~ Okay. I'm showing you up on the screen here Exhibit 101, previously marked, does that look familiar to you, sir, at least what it depicts?
WILLIAM TYSON: Appears to be the Steve Avery residence.
MR. BUTING: And if you could go look at the bedroom area -- Actually, I'm going to put up a different one to show you that; 104 is next. Okay. Do you see that?
WILLIAM TYSON: Yes.
MR. BUTING: And is that a representation of the bedroom, back bedroom, Mr. Avery's bedroom, and the hallway bathroom area?
WILLIAM TYSON: Yes.
MR. BUTING: All right. I apologize for that delay. But, I believe you said that at one point you were watching them so carefully that Mr. Lenk, Lieutenant Lenk, excuse me, walked out of the bedroom into the bathroom area, right?
WILLIAM TYSON: Correct.
MR. BUTING: Through this hallway. And you were standing right here at the doorway while they were searching, right?
WILLIAM TYSON: Originally, yes.
MR. BUTING: In other words, this bedroom really wasn't even big enough for four grown men to be walking around and doing things, was it?
WILLIAM TYSON: With the bed, you know, as I previously had testified, Detective Remiker and Lieutenant Lenk were by the closet area. Sergeant Colborn was up by the desk and bookcase area?
MR. BUTING: All right. So you are indicating the lower part of the --
WILLIAM TYSON: Yes.
MR. BUTING: -- is the closet; lower part of this screen here. And the upper is the desk bookcase area?
WILLIAM TYSON: Correct.
MR. BUTING: And you were standing in the door?
WILLIAM TYSON: Just inside the doorway.
MR. BUTING: Just inside the doorway, right. Okay. But you mentioned that when Lieutenant Lenk went out into the bathroom, you repositioned yourself in the doorway so you could see him in the bathroom and those in the bedroom, right?
WILLIAM TYSON: Yes.
MR. BUTING: You were keeping an eye on what was going on with Mr. Lenk and -- Lieutenant Lenk and the other officers?
WILLIAM TYSON: I would say I was positioning myself to see if they had located any evidence.
MR. BUTING: Well, and you were also trying to abide by the directive that Manitowoc officers should not be alone in any of this property, right?
WILLIAM TYSON: It was more of a documentation type thing. I mean, I did not treat these guys like I did not trust them, okay.
MR. BUTING: Well, let me ask you this, sir. You knew that the district attorneys told those officers not to be alone on any property, right?
MR. KRATZ: Mischaracterization, Judge, he said the Manitowoc County district attorney, if he could rephrase the question.
MR. BUTING: I don't particularly care which district attorney, it's a district attorney. All right.
MR. BUTING: (By Attorney Buting)~ You knew that?
WILLIAM TYSON: Yes.
MR. BUTING: You knew that it was important to the prosecution, or some attorneys on site, that these officers not be alone anywhere on that Avery property, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you knew that this was Mr. Avery's trailer?
WILLIAM TYSON: Yes.
MR. BUTING: And that if anything, of all the places that they should not be alone, it would be in Mr. Avery's trailer, right?
WILLIAM TYSON: We did not know that on that day.
MR. BUTING: Mr. Avery was the one who was suing them, right? You knew that?
WILLIAM TYSON: I was aware of that fact, yes.
MR. BUTING: You knew that, that's right. And you knew that's why Manitowoc recused themselves, or transferred authority over to Calumet, right?
WILLIAM TYSON: Yes.
MR. BUTING: It was because of this man right here, right?
WILLIAM TYSON: I believe that's correct.
MR. BUTING: And it was this man right here's trailer that you were in?
WILLIAM TYSON: Yes.
MR. BUTING: And so that, of all places, you knew was important that you make sure that these Manitowoc officers not be alone?
WILLIAM TYSON: Correct.
MR. BUTING: And so you kept an eye on them, didn't you?
WILLIAM TYSON: I was watching what they were doing, yes.
MR. BUTING: Had you ever, in any other search in your entire career, had to act like a babysitter, or a watchdog, for the officers who were conducting a search?
WILLIAM TYSON: I did not treat this as if I was babysitting.
MR. BUTING: Had you ever, in any of your years as an officer, had to watch the officers who were searching where you were, to make sure that they weren't alone?
MR. BUTING: This was a first for you, wasn't it?
WILLIAM TYSON: Yes.
MR. BUTING: And you made sure, because you were the watchdog here, you were the custodian, the representative of Calumet, you made sure that none of those officers could have planted anything, right?
WILLIAM TYSON: I watched them to the best of my ability, within those three hours.
MR. BUTING: And to the best of your ability meant you did everything you could to make sure that they knew they were being watched and that they couldn't plant any evidence if they wanted to?
WILLIAM TYSON: They were told the same instructions that I were, that I was going into that residence to document and recover all evidence that was seized.
MR. BUTING: Well, and you did a good job doing that, didn't you?
WILLIAM TYSON: I believe to the best of my ability, yes.
MR. BUTING: All right. And would you agree with me that it was -- would have been very difficult for Lieutenant Lenk or Sergeant Colborn to have planted a Toyota key in that residence, under your watch?
WILLIAM TYSON: I believe it would have been difficult.
MR. BUTING: Extremely difficult, right?
WILLIAM TYSON: It would have been difficult, yes.
MR. BUTING: Because you were watching them?
WILLIAM TYSON: To the best of my ability, yes.
MR. BUTING: Did you ever suggest to Mr. Fassbender or Mr. Wiegert that maybe you would like to have some of your own officers in there doing this search that night, to Mr. Avery's residence?
WILLIAM TYSON: We didn't have all those officers that you mentioned at the scene that day.
MR. BUTING: You could call them in, right?
WILLIAM TYSON: They were in charge of making those decisions. I didn't know what information they were privy to.
MR. BUTING: You were off duty, right? You weren't working that day?
WILLIAM TYSON: I don't recall if that was my scheduled day or not.
MR. BUTING: I believe that was your testimony.
WILLIAM TYSON: I was at home when I got the phone call.
MR. BUTING: So you were called in?
WILLIAM TYSON: Yes.
MR. BUTING: And there's no reason that other officers that we went through that were evidence collection officers on your force also couldn't have been called in for this assignment, was there?
MR. KRATZ: Objection, both argumentative and assuming a fact not in evidence. This officer wouldn't know that.
MR. BUTING: I will withdraw it.
MR. BUTING: (By Attorney Buting)~ So your testimony, then, is that you never questioned Fassbender or Wiegert about their decision --
WILLIAM TYSON: Absolutely not.
MR. BUTING: -- to send Manitowoc officers in.
WILLIAM TYSON: I did not question them or doubt their judgments, no.
MR. BUTING: Of course, they out rank you, don't they? They were the leaders of this entire investigation at that time, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you take orders from them?
WILLIAM TYSON: That's the way I looked at it, yes.
MR. BUTING: I'm going to take this down.
MR. BUTING: (By Attorney Buting)~ You testified about a number of these exhibits that you found, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you mentioned that you found this bottle of bleach, which is Exhibit 195, in the bathroom; is that right?
WILLIAM TYSON: I didn't find it, that was recovered by Deputy Riemer.
MR. BUTING: On a different search, then?
WILLIAM TYSON: I believe so.
MR. BUTING: Wasn't even recovered on November 5th?
WILLIAM TYSON: I don't believe so.
MR. BUTING: Okay. But your -- but your testimony was that it was found in the bathroom?
WILLIAM TYSON: I recalled seeing a bleach bottle in the bathroom, if that's the very same exact one, I believe it was.
MR. BUTING: All right. Showing you Exhibit 206 and 207, could you take a minute and just orient yourself with that and tell me what those are?
WILLIAM TYSON: Sure. Number 207 appears to be the washing machine in the bathroom.
MR. BUTING: In the bathroom, right? And what is 206?
WILLIAM TYSON: 206 would be the sink in the bathroom.
MR. BUTING: Okay. And this is the bathroom in Steven Avery's residence, right?
WILLIAM TYSON: Yes.
MR. BUTING: Putting up Exhibit 207 in just a moment here. That's what you have identified as Mr. Avery's bathroom, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you note the floor, the tiling -- linoleum on the floor, the hamper. And does that appear to be a shower in the background there?
WILLIAM TYSON: Yes.
MR. BUTING: So when you say that you found -- or that someone found a bottle of bleach in the bathroom, it was actually in the laundry room, right?
WILLIAM TYSON: If you want to consider that front area to be a laundry room, sure.
MR. BUTING: Well, that's where the washer and dryer is, right?
WILLIAM TYSON: Yes, but it's part of the bathroom.
MR. BUTING: Okay.
WILLIAM TYSON: It's not in the hallway.
MR. BUTING: Would it surprise you to find a bottle of household bleach in someone's bathroom?
MR. BUTING: Do you have bleach in your bathroom?
WILLIAM TYSON: I believe it's under the sink in the kitchen.
MR. BUTING: Okay. But certainly bleach is where people -- The laundry room is where people use bleach, isn't it --
WILLIAM TYSON: Yes.
MR. BUTING: -- typically?
WILLIAM TYSON: Yes.
MR. BUTING: And no bleach was found in the garage, was it?
WILLIAM TYSON: I don't know, I never searched the garage.
MR. BUTING: I'm putting up now, on the screen, 206, which is the other side of Mr. Avery's bathroom, right?
WILLIAM TYSON: Yes.
MR. BUTING: You recognize the floor, the linoleum, and the hamper sitting there?
WILLIAM TYSON: Yes.
MR. BUTING: I'm just going to zoom in on this for a minute. You see a toothbrush?
WILLIAM TYSON: Yes.
MR. BUTING: Do you see more than one toothbrush?
WILLIAM TYSON: I see the one.
MR. BUTING: All right. And razor, looks like a razor?
WILLIAM TYSON: Yeah.
MR. BUTING: We'll get to this again in a minute. But you mentioned buccal swabs. You know what buccals are, right?
WILLIAM TYSON: I didn't on that day. When I got to the hospital it was explained.
MR. BUTING: All right. So now you know what buccal swabs are?
WILLIAM TYSON: Yes.
MR. BUTING: And buccal swabs are basically like a Q-tip that you take and swab inside someone's mouth, their cheeks?
WILLIAM TYSON: Yes.
MR. BUTING: And from that you get DNA samples, right?
WILLIAM TYSON: Yes.
MR. BUTING: And it's a very good way of collecting DNA, correct?
WILLIAM TYSON: That's what they tell me, yes.
MR. BUTING: Much like a toothbrush would be, right?
WILLIAM TYSON: I don't know what the capabilities are from a toothbrush?
MR. BUTING: Well, you know that people put toothbrushes in their mouth all the time, right?
WILLIAM TYSON: With toothpaste, yes.
MR. BUTING: Okay. And so that it would be a fertile source of one's DNA?
MR. KRATZ: Objection, Judge, beyond the scope of this witness' expertise.
THE COURT: The objection is sustained.
MR. BUTING: (By Attorney Buting)~ Did you ever work any missing person cases besides this?
WILLIAM TYSON: Yes.
MR. BUTING: Did you ever have to go to the missing person's house to try and get some personal items that might have their DNA on it for future use?
WILLIAM TYSON: I don't think it ever got to that level.
MR. BUTING: Never got to, in your experience?
WILLIAM TYSON: Yeah, they were located prior to a full-blown investigation.
MR. BUTING: Okay. Sure. All right. I'm showing you what I believe is previously marked in your direct as 163; is that -- does that appear right?
WILLIAM TYSON: Yes.
MR. BUTING: And that's a photograph of Mr. Avery's bedroom that was taken on the night of November 5th, right?
WILLIAM TYSON: I believe so.
MR. BUTING: And you can see the gun rack that you just identified, right?
WILLIAM TYSON: Yes.
MR. BUTING: And there's a -- some sort of a firearm in the lower tier of that -- right -- in this photo, right?
WILLIAM TYSON: Yes.
MR. BUTING: That's a black muzzleloader?
WILLIAM TYSON: I never identified what type of firearm.
MR. BUTING: Okay. Well, I don't know if you know guns and, frankly, I don't know them that well, but this thing that's hanging down here, do you know what that is?
WILLIAM TYSON: I believe they refer to that as a powder horn.
MR. BUTING: A powder horn. So that's what you used, presumably, with a powder rifle, to load it, right?
WILLIAM TYSON: I don't own one; I would assume that would probably be correct.
MR. BUTING: Okay. I just want to be clear, that's not some sort of bizarre sexual device or anything, is it?
WILLIAM TYSON: Not that I'm aware of.
MR. BUTING: Or any kind of torture device, right?
WILLIAM TYSON: I don't believe so.
MR. BUTING: All right. Well, just in case not everybody knows that, I wanted to make that clear. You did mention finding some handcuffs and leg irons, right?
WILLIAM TYSON: Sergeant Colborn found those items, yes.
MR. BUTING: But you were watching and taking note?
WILLIAM TYSON: Yes.
MR. BUTING: I believe on direct you testified that it was found in the bookcase; in fact, it was found on a night stand; isn't that right?
WILLIAM TYSON: I believe it was the bookcase.
MR. BUTING: You wrote a report of your investigation that day, right?
WILLIAM TYSON: Yes.
MR. BUTING: Would that refresh your recollection, if you took a moment to review that?
WILLIAM TYSON: I think I know where you are going with this and I don't think I need to see it. When I did my report, what is now known as the bookcase, I looked at it to be a night stand. I would use it as a night stand myself. So in my report I did refer to it as being a night stand.
MR. BUTING: Okay. All right. So you cleared that up. At any rate, these handcuffs and leg irons, these are novelty items that are sold at places like Intimate Treasures and things of that nature, right?
WILLIAM TYSON: Yes, you can get them from stores, I guess. I never ...
MR. BUTING: And they are meant for consenting adults, for whatever kind of experimenting or play they may do, right?
MR. KRATZ: Objection, Judge, I'm sure they have a lot of uses.
THE COURT: Well, I think if he knows he can testify as to what he understands their intended use to be, if he knows.
MR. KRATZ: It's the term consenting adults that I have objection with.
MR. BUTING: Well, I think he can tell us, what is it?
MR. KRATZ: It could be unconsenting adults, as well.
THE COURT: Well, that's something you can take up on redirect.
MR. BUTING: (By Attorney Buting)~ Isn't that right, I mean, they are sold at these adult novelty type places where their intended use is consenting adults engaged in whatever kind of role playing, or whatever, right?
WILLIAM TYSON: Sure.
MR. BUTING: Okay. And I'm going to put back up that photograph from -- No. 163 again. There's a headboard in that photograph, right?
WILLIAM TYSON: Yes.
MR. BUTING: And that headboard was later seized by somebody and put into your department's property room, right?
WILLIAM TYSON: Yes.
MR. BUTING: And there came a time when you and some other officers took that headboard out from the property room to examine it, right?
WILLIAM TYSON: That would be myself and Deputy Hawkins.
MR. BUTING: And also Mr. Fassbender, correct?
WILLIAM TYSON: Not originally, I don't think.
MR. BUTING: Well, did you do a report of that day?
WILLIAM TYSON: Yes.
MR. BUTING: Would it refresh your recollection if you reviewed that?
WILLIAM TYSON: Sure.
MR. BUTING: Page 936. This report, by the way has --
WILLIAM TYSON: Yes.
MR. BUTING: -- Deputy Jeremy Hawkins name on it.
WILLIAM TYSON: Right.
MR. BUTING: It reads as if it was written by you.
WILLIAM TYSON: It is written by me, it was a typo by the secretarial staff.
MR. BUTING: Okay. And it says -- Just take a minute and review that, those first two paragraphs and then we'll --
WILLIAM TYSON: I know where you're going with this as well.
MR. BUTING: Okay. So you don't need to review it?
WILLIAM TYSON: I don't believe so.
MR. BUTING: All right. Then I will put it aside and ask you some questions. This is Monday, April 3rd, right, 2006?
WILLIAM TYSON: That would be the second day that we looked at the headboard. The first day we looked at the headboard would have been March 28.
MR. BUTING: Okay. Well, we're talking about this day.
WILLIAM TYSON: Okay. That was the confusion then, when you mentioned --
MR. BUTING: All right.
WILLIAM TYSON: -- Fassbender.
MR. BUTING: All right. I understand. So I apologize for that. On this day, though, you did have a meeting with, actually, Sheriff Pagel, right, Mark Wiegert, John Dedering, and Mr. Fassbender?
WILLIAM TYSON: Yes.
MR. BUTING: Special Agent Fassbender?
WILLIAM TYSON: Yes.
MR. BUTING: And a decision was made for you and Deputy Hawkins to take a very good look at the headboard, right?
WILLIAM TYSON: We had looked at it previously, which is why we had consulted with those persons, to get further direction.
MR. BUTING: All right. And so you took it out and put it on freezer paper, examined it like any other piece of evidence, right?
WILLIAM TYSON: Yes.
MR. BUTING: And didn't you, in fact, note, from your observations, that we could not see any striations around the spindles of the headboard consistent with that of having handcuffs or leg irons secured to the spindles of the headboard?
WILLIAM TYSON: That would be correct.
MR. BUTING: Meaning, you looked very, very closely at these spindles depicted in Exhibit 163, on the headboard, and saw no scratches. When you say striations you mean scratches, right?
WILLIAM TYSON: Yes.
MR. BUTING: Scratches you might see from somebody who is chained, arms out, to that headboard, right?
WILLIAM TYSON: Correct.
MR. BUTING: Somebody struggling for their life, you would expect to see some scratches?
WILLIAM TYSON: I would think so.
MR. BUTING: And you saw none, right?
WILLIAM TYSON: Nothing consistent with that going around the --
MR. BUTING: All right.
WILLIAM TYSON: -- entire spindle.
MR. BUTING: Going back, for just one moment. Sergeant Colborn, you mentioned, was --
MR. BUTING: You can take that back, please.
MR. BUTING: (By Attorney Buting)~ Sergeant Colborn, you mentioned, was searching the desk and bookcase area?
WILLIAM TYSON: Yes.
MR. BUTING: And at no time did Sergeant Colborn ever say, hey, look at this, this -- the back of this bookcase is loose?
MR. BUTING: Well, there's a gap here, right?
WILLIAM TYSON: No, I never saw him physically go behind and look at it, he was going through the contents inside.
MR. BUTING: And he never mentioned, and you never saw, the back of that moving as he was going through, right?
MR. BUTING: Okay. You mentioned some small blood drops or bloodstains that were found in Mr. Avery's bathroom; do you recall that?
WILLIAM TYSON: Yes.
MR. BUTING: Are you aware that none of those drops of blood ever proved to be Ms Halbach's?
WILLIAM TYSON: I was told that; I read a report.
MR. BUTING: All right. In fact, that no blood anywhere, from Teresa Halbach, was found on any of these bloodstains you made note of that night?
WILLIAM TYSON: I was told that, yes.
MR. BUTING: Okay. So, do you know whose they did turn out to be?
WILLIAM TYSON: I can't testify --
MR. BUTING: Well, we'll get to that. You testified about this Exhibit 200, which is an envelope that was found?
WILLIAM TYSON: Yes.
MR. BUTING: You saw this recovered?
WILLIAM TYSON: I don't believe that was recovered on the 5th of November during the initial search.
MR. BUTING: Oh, okay. But you identified it, so you must have recognized it as an identifier?
WILLIAM TYSON: I saw it, yes.
MR. BUTING: You saw it. Okay. And the letter is from --
MR. BUTING: Put the ELMO back on, please.
MR. BUTING: (By Attorney Buting)~ The letter is from UW Madison Law School, right?
WILLIAM TYSON: Yes.
MR. BUTING: The envelope itself?
WILLIAM TYSON: Yes.
MR. BUTING: And it actually contained a letter from the law school dated November 1, 2005, right?
WILLIAM TYSON: Yes.
MR. BUTING: And it's an invitation --
MR. KRATZ: Objection, hearsay, Judge.
MR. BUTING: Well, this has been introduced as an exhibit.
MR. KRATZ: I don't care, it's hearsay, Judge, it's being offered for the truth of the matter.
THE COURT: I'm going to sustain the objection.
MR. KRATZ: Thank you, Judge.
MR. BUTING: (By Attorney Buting)~ You also introduced a number of notebooks?
WILLIAM TYSON: Yes.
MR. BUTING: Just for the record, 199, 197, and 198, right?
WILLIAM TYSON: Yes.
MR. BUTING: And these are pocket notebooks, right?
WILLIAM TYSON: Yes.
MR. BUTING: We only talked about the one page here that had Teresa Halbach's number on it, right?
WILLIAM TYSON: Yes.
MR. BUTING: But, in fact, all or most of these notebooks have numerous other phone numbers on them too, don't they? Need to look through them?
WILLIAM TYSON: I never paged through them, so.
MR. BUTING: Well, take just a moment. Tell me if you see other people's phone numbers, names, things of that nature jotted down.
WILLIAM TYSON: I would like to also clarify something in reference to my testimony yesterday as well. These two notebooks right here, I did see them on the night of the 5th. Detective Remiker was looking at them. I'm not sure if my testimony yesterday was that he collected them. But reviewing my stuff, he didn't collect these on the night of the 5th. A different officer would have collected these on a day thereafter. I just wanted to correct that.
MR. BUTING: Okay. That's just fine. Thank you. And when you say these, just so the record is clear, you were holding up Exhibit 199, the red notebook?
WILLIAM TYSON: And 197.
MR. BUTING: And 197, the green notebook. Okay. Just take a moment and see if there's other phone numbers and names in some of these?
WILLIAM TYSON: Okay.
MR. BUTING: Is that a fair statement?
WILLIAM TYSON: I see numerous different phone numbers, but it's in somebody's handwriting.
MR. BUTING: Well, are you a handwriting expert, sir?
WILLIAM TYSON: Well, it's obviously not the one that had the same writing as on there.
MR. BUTING: Can you identify whose handwriting is it, back to the door?
MR. BUTING: But there are different phone numbers so if -- these are as if someone was using these to keep -- just jot down phone numbers and names, right?
MR. KRATZ: Objection, speculation. I'm sure counsel doesn't want us to read everything that's in that notebook. It's hearsay, Judge, and it's speculation.
MR. BUTING: You can read everyone of them if you want to.
THE COURT: It's a fair summary question based on what he already testified to; I will allow it.
MR. BUTING: The exhibit that has the note that has Teresa Halbach's phone number in it -- Well, first of all, it's not torn out from the notebook, right?
WILLIAM TYSON: Correct.
MR. BUTING: Not as if this was posted on the door as a note for somebody is it?
MR. KRATZ: Objection, speculation, Judge.
MR. BUTING: (By Attorney Buting)~ Do you see any tape on it, scotch tape?
THE COURT: I'm going to allow the question.
WILLIAM TYSON: I don't see any tape.
MR. BUTING: Okay. And there's two different colored inks, too, correct?
WILLIAM TYSON: Yes.
MR. BUTING: Her phone number is in green ink and this other -- whatever this other writing means, is in a different color ink?
WILLIAM TYSON: Back to patio door is in black.
MR. BUTING: Okay. As if maybe it was even written at different times?
MR. KRATZ: Objection, speculation, Judge.
THE COURT: Sustained.
MR. BUTING: (By Attorney Buting)~ You also introduced a sign, a for sale sign, that -- I don't see the exhibit number here, but I will just show it to you.
MR. STRANG: 194.
MR. BUTING: (By Attorney Buting)~ All right, 194. This is -- On one side it has a for sale sign, like you would buy at a hardware store or something, right?
WILLIAM TYSON: Yes.
MR. BUTING: It's got 1995 Pontiac Grand Am listed, right?
WILLIAM TYSON: Yes.
MR. BUTING: And then, on the back it has got some other writing, 3302 Zander Road, correct?
WILLIAM TYSON: Correct.
MR. BUTING: And then it's got the phone number here that turns out to be Teresa Halbach's cell phone number, right?
WILLIAM TYSON: Yes.
MR. BUTING: Are you aware that Teresa Halbach's never lived at 3302 Zander Road.
WILLIAM TYSON: I'm not aware of any significance to the address.
MR. BUTING: So, as far as you know, there's no connection whatsoever between this address and that phone number, right?
WILLIAM TYSON: I don't know that.
MR. BUTING: You don't know that or you do know that?
WILLIAM TYSON: I do not know that.
MR. BUTING: Now, you do know, I assume, that Teresa Halbach had seen Mr. Avery on several occasions before October 31st?
WILLIAM TYSON: I was told that by Investigator Wiegert in advance.
MR. BUTING: Okay. Part of your briefing, right?
WILLIAM TYSON: Yes.
MR. BUTING: They sit down and they explain some of the background so you know what's going on, right?
WILLIAM TYSON: Yes.
MR. BUTING: Okay. And in fact, before October 31st, Mr. Avery had Teresa Halbach's phone number already because he had arranged a private sale with her; do you recall that?
WILLIAM TYSON: No, I don't recall him having her cell number, what time he had it. I don't know that information.
MR. BUTING: So you didn't know that information, okay. But, if that were the case, finding her phone number in his house on November -- or trailer, on November 5th, would have meant nothing, would it?
MR. KRATZ: Objection, Judge, calls for a conclusion, that's probably what the jury --
THE COURT: The objection is sustained.
MR. BUTING: Well, when you collected those pieces of evidence, you didn't -- you don't know when those notes -- phone numbers were written, right?
WILLIAM TYSON: Detective Remiker collected them, but I did not know when they were written.
MR. BUTING: All right. They could have been written weeks ago, for all you know?
WILLIAM TYSON: True.
MR. BUTING: By the way, you said you weren't collecting the evidence, you were just standing their watching and writing down notes as to the times that things were collected?
WILLIAM TYSON: Yes.
MR. BUTING: But the actual collection itself was done by -- or the bagging was done by Lieutenant Lenk?
WILLIAM TYSON: Yes.
MR. BUTING: Did you watch him seal every single bag?
WILLIAM TYSON: I can't say with 100 degree certainty every single bag, but he was doing his duties, I was there, yes.
MR. BUTING: Okay. So when you say that you were -- ultimately you collected the evidence, it was at the end of the night?
WILLIAM TYSON: Yes.
MR. BUTING: After all the bags were sealed and completed, right?
WILLIAM TYSON: Yes.
MR. BUTING: Then it's turned over to you?
WILLIAM TYSON: Yes.
MR. BUTING: All right. And you never saw a Toyota key anywhere in Mr. Avery's bedroom that night, did you?
WILLIAM TYSON: I did not, no.
MR. BUTING: And if you had seen a Toyota key anywhere in that bedroom that night, you would have made note of that, wouldn't you?
WILLIAM TYSON: Personally, I would not have known what a Toyota key looked like. I'm not too familiar with automobiles and their keys.
MR. BUTING: Well, all right. Let me ask it this way, you knew that Teresa Halbach's vehicle was a Toyota RAV4?
WILLIAM TYSON: Yes.
MR. BUTING: You went and looked at it, right?
WILLIAM TYSON: Yes.
MR. BUTING: And so if you found -- if someone had located a key, a car key, inside that residence, you would have either seized it or at least made note of it as possible evidence in the case, right?
WILLIAM TYSON: Absolutely.
MR. BUTING: Particularly if it was a Toyota key, because that may be the key that would fit the victim's vehicle?
WILLIAM TYSON: Absolutely.
MR. BUTING: And you made no such note, right?
WILLIAM TYSON: Correct.
MR. BUTING: And you stood in the doorway for at least a half hour?
WILLIAM TYSON: Yes.
MR. BUTING: Of his bedroom?
WILLIAM TYSON: Yes.
MR. BUTING: All right. I just have one question about this -- another exhibit here and then I will move off of these exhibits. You identified Exhibit 205 as a hood latch swab, right?
WILLIAM TYSON: Yes.
MR. BUTING: I just want to make it clear here, this is actually a swab that's dated -- or a piece of evidence that's dated April 3rd, 2006?
WILLIAM TYSON: That's correct.
MR. BUTING: And that it was -- it was collected not at the Crime Lab?
WILLIAM TYSON: Correct.
MR. BUTING: So whatever is in this little package is not something that the Crime Lab found when they went over it very, very carefully on November 8th, or 7th, whatever day they had it, right?
WILLIAM TYSON: I was just informed that they did request myself and Deputy Hawkins to --
MR. BUTING: Who requested?
WILLIAM TYSON: Investigator Wiegert.
MR. BUTING: Okay. So Investigator Wiegert told you to go do this, right?
WILLIAM TYSON: Yes.
MR. BUTING: All right. Let's move to the next day, November 6th, you are paired with a different team on that day, right?
WILLIAM TYSON: Yes.
MR. BUTING: And we talked about that, those were the three Manitowoc city police officers?
WILLIAM TYSON: Right.
MR. BUTING: And you weren't given any kind of instruction that you had to watch those three officers like a hawk while you were doing the search, did you?
WILLIAM TYSON: Right.
MR. BUTING: There was no concern about whether or not you had to leave those officers alone in any part of the buildings that we're looking at, right?
WILLIAM TYSON: Right.
MR. BUTING: Because Mr. Avery wasn't suing them, right?
WILLIAM TYSON: To the best of my knowledge.
MR. BUTING: All right. And then the next day, November 7th, you were paired, again, with Lenk and Colborn, right?
WILLIAM TYSON: That's correct.
MR. BUTING: But not Mr. -- not Detective Remiker on this occasion?
WILLIAM TYSON: His wife was having a baby, or had a baby.
MR. BUTING: Okay. Good for him, good for her. So on that occasion, though, you didn't do a thorough search with Lenk and Colborn of Mr. Avery's residence, right?
WILLIAM TYSON: That's correct.
MR. BUTING: They -- The two of them were only in that residence briefly, with you, when you were trying to get a serial number from a computer, right?
WILLIAM TYSON: Yes.
MR. BUTING: Just a few minutes I think you said?
WILLIAM TYSON: Yes.
MR. BUTING: So it would have been difficult for them to have planted any evidence in front of you at that occasion -- on that occasion, right?
WILLIAM TYSON: Yes.
MR. BUTING: And besides, they were with you, the watchdog, right?
WILLIAM TYSON: I wouldn't call myself a watchdog, but they were with me, yes.
MR. BUTING: Okay. And no key was discovered on that occasion was it?
WILLIAM TYSON: By the computer, no.
MR. BUTING: Anywhere in the house?
WILLIAM TYSON: We didn't search the house. We just got the serial number from the computer.
MR. BUTING: So no key -- no Toyota key was recovered on November 7th when you were in there with Mr. Colborn and Mr. Lenk, right?
WILLIAM TYSON: No key was recovered by the computer, no.
MR. BUTING: All right. November 8th, I believe you testified that you weren't even at the Avery Salvage Yard on that day, right?
WILLIAM TYSON: Not until late in the day. I was at the Calumet Sheriff's Department, logging evidence.
MR. BUTING: So the watchdog wasn't there.
MR. KRATZ: Judge, I am going to object. We hear that, Judge, one more time, we're going to approach with a side bar.
THE COURT: The objection is sustained.
MR. BUTING: (By Attorney Buting)~ In any event, you were not with Mr. Lenk and Mr. Colborn when they reentered Steven Avery's residence on November 8th, were you?
WILLIAM TYSON: That's correct.
MR. BUTING: And that is the occasion when a key was found, right?
WILLIAM TYSON: That is my understanding.
MR. BUTING: When you weren't with them?
WILLIAM TYSON: That's my understanding.
MR. BUTING: November 9th, you testified about having some different duties and that was the DNA exemplars were taken from people, right?
WILLIAM TYSON: Yes.
MR. BUTING: And fingerprints were taken?
WILLIAM TYSON: Yes.
MR. BUTING: And palm prints were taken?
WILLIAM TYSON: Yes.
MR. BUTING: And those items were taken for the purpose of trying to see if they might match with some fingerprints that the Crime Lab had found on the RAV4; is that your understanding?
WILLIAM TYSON: I had no information as to what the Crime Lab had found at that time. We were just executing a search warrant based on the specific information within those search warrants.
MR. BUTING: All right. And the search warrant included taking those buccal swabs from each individual that had been -- Well, let me just name them, the ones you were involved with, okay. Mr. -- Was Mr. Avery one of them; he was, wasn't he?
WILLIAM TYSON: Yes.
MR. BUTING: Yes. You testified about that?
WILLIAM TYSON: Yes.
MR. BUTING: Also Delores Avery, right?
WILLIAM TYSON: Yes.
MR. BUTING: Barb Janda?
WILLIAM TYSON: Yes.
MR. BUTING: Chuck Avery?
WILLIAM TYSON: Yes.
MR. BUTING: Earl Avery?
WILLIAM TYSON: Yes.
MR. BUTING: And Bobby Dassey?
WILLIAM TYSON: Yes.
MR. BUTING: And these are what are called elimination type exemplars?
WILLIAM TYSON: Yes.
MR. BUTING: To see if you can eliminate somebody from something that may be found in a crime scene?
WILLIAM TYSON: Yes.
MR. BUTING: Or match them?
WILLIAM TYSON: Sure.
MR. BUTING: Okay. And it included DNA fingerprints and palm prints, for all of them, right?
WILLIAM TYSON: Yes.
MR. BUTING: But at the end of that day, though, you received information from a special agent, Joseph Kapitany, I believe is the way you pronounce his name?
WILLIAM TYSON: Yes.
MR. BUTING: That the Crime Lab only wanted the palm prints and fingerprints of Mr. Steven Avery right away?
WILLIAM TYSON: Immediately, yes.
MR. BUTING: And so efforts were made to transfer Steven Avery's palm prints and fingerprints immediately to the Crime Lab, right?
WILLIAM TYSON: Agent Kapitany approached me and stated those words, that the Crime Lab wanted those items immediately. I did give them to him. He signed off on the document --
MR. BUTING: Okay.
WILLIAM TYSON: -- for those items.
MR. BUTING: So he went off to the Crime Lab as far as you know, with those items?
WILLIAM TYSON: He left the Aurora Clinic; I assume, yeah, he was in route to Madison.
MR. BUTING: But all the other ones you took and just booked into the Calumet Sheriff's Department?
WILLIAM TYSON: Yes.
MR. BUTING: Do you know the results of any of the comparisons of fingerprints; Mr. Avery's fingerprint standards to any fingerprints found on the RAV4?
MR. KRATZ: I'm also going to object as beyond the scope of this witness' expertise. Probably hearsay as well.
MR. BUTING: I wasn't asking for the results, I just wondered if he knew it.
MR. KRATZ: It seemed like that was the question, do you know the results.
THE COURT: As phrased, the objection is overruled.
MR. BUTING: He's answered. That's fine.
MR. BUTING: (By Attorney Buting)~ All right. Just a few more questions, sir. You talked about -- or we talked about this April 3rd date, when you were -- I think your report called it processing evidence, right?
WILLIAM TYSON: Yes.
MR. BUTING: And there was actually a number of days, you mentioned one in March, but there was a number of days over the next several weeks, March, April, May, when you were going through various items that had been seized from Mr. Avery's residence, or garage, on one of the searches, either November or March, right?
WILLIAM TYSON: Yes.
MR. BUTING: And your purpose in going through these items of evidence was to see if there was any way you could determine if any of these items of evidence had any link or importance to this crime, right?
WILLIAM TYSON: Yes.
MR. BUTING: And so you were doing things like testing, examining it for blood, items for blood, right?
WILLIAM TYSON: Yes.
MR. BUTING: The bleach bottle, for instance, that's been marked as whatever exhibit it was. This was one of the things that you examined to see if there might be any blood on it, right?
WILLIAM TYSON: Yes.
MR. BUTING: Just a little brown mark on the bottom somewhere that you weren't sure about?
WILLIAM TYSON: Right.
MR. BUTING: This is Exhibit 195. And so you tested this with these presumptive tests that are very sensitive to blood, right?
WILLIAM TYSON: Yes.
MR. BUTING: And it proved negative, right?
WILLIAM TYSON: Correct.
MR. BUTING: No blood. All right. You also looked at foot boards for the bed, right?
WILLIAM TYSON: Yes.
MR. BUTING: You looked at a number of pieces of brown paneling, right?
WILLIAM TYSON: Yes.
MR. BUTING: Paneling marked number one, number two, number three, and each of those was negative for any kind of blood, right?
WILLIAM TYSON: Correct.
MR. BUTING: And it's your understanding this is -- these are the panels taken off the walls of Mr. Avery's bedroom, right?
WILLIAM TYSON: Yes.
MR. BUTING: No blood, correct?
WILLIAM TYSON: We did not find any.
MR. BUTING: And there's also some molding, wooden molding also taken from his room somewhere?
WILLIAM TYSON: Yes.
MR. BUTING: Tested for blood, negative, right?
WILLIAM TYSON: Right.
MR. BUTING: There were also some paint thinner clans -- cans that apparently were recovered from the garage; do you recall that?
WILLIAM TYSON: I recall examining them, yes.
MR. BUTING: You weren't there when they were seized, but you examined them?
WILLIAM TYSON: Yes.
MR. BUTING: And it was determined that those cans had no evidentiary value whatsoever, right?
WILLIAM TYSON: We did some presumptive tests on them, I believe, and got negative results, correct.
MR. BUTING: And there was also some gas tank -- or a number of gas cans and I guess snowmobile gas tanks, or things of that nature?
WILLIAM TYSON: Correct.
MR. BUTING: You tested all of those, right?
WILLIAM TYSON: Yeah, we swabbed a lot of those gas cans, anything that we saw that was suspicious, we would do.
MR. BUTING: And they were are all negative?
WILLIAM TYSON: Yes.
MR. BUTING: No blood, right. Then you also took -- and this would have been on May 1st, a piece of carpeting that was ripped out of the whole hallway of Mr. Avery's residence, right?
WILLIAM TYSON: It was a small piece of carpeting that was, correct, cut from the entrance door by the bathroom to the entrance to the bedroom.
MR. BUTING: Okay. In that hallway right outside his bedroom?
WILLIAM TYSON: Yes.
MR. BUTING: Okay. And you actually did a luminol?
WILLIAM TYSON: Yes.
MR. BUTING: And we have heard testimony about luminol. I'm not going to go over it in detail, but that's something that can highlight anything that is of -- could be blood, could be a lot of other things, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you found no heavy concentrations anywhere in the carpet indicating any drops of blood had fallen, right?
WILLIAM TYSON: There was no pattern, nothing that was consistent with what you were talking about, correct.
MR. BUTING: All right. And you even looked at the back of that carpet, right?
WILLIAM TYSON: Yes.
MR. BUTING: That was actually a later date, June 23rd, right?
WILLIAM TYSON: I don't recall that.
MR. BUTING: You were told to pull the carpeting out of -- I'm sorry this was a different piece of carpeting?
WILLIAM TYSON: Okay. That would be consistent.
MR. BUTING: Okay. You pull the carpeting that was ripped out of the bedroom of Mr. Avery, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you actually looked at the very -- at the back of it?
WILLIAM TYSON: Yes.
MR. BUTING: The backside. And you did presumptive tests for blood?
WILLIAM TYSON: Yes.
MR. BUTING: And found nothing?
WILLIAM TYSON: Correct.
MR. BUTING: No blood?
WILLIAM TYSON: Nothing consistent with blood, correct.
MR. BUTING: You also, a number of times, I won't go into all of them, but there were a number of knives, kitchen knives, pocket knives, things like that, that were seized either in the residence or the garage, right?
WILLIAM TYSON: Yes.
MR. BUTING: And you looked at all of those, right?
WILLIAM TYSON: Some were sent to the Crime Lab; some we kept at the office and processed ourselves.
MR. BUTING: All right. And the ones you processed you looked for blood, right?
WILLIAM TYSON: Yes.
MR. BUTING: None, correct?
WILLIAM TYSON: Correct.
MR. BUTING: All right. Thank you.
THE COURT: Mr. Kratz, are you going to be doing redirect?
MR. KRATZ: I am.
THE COURT: How much time do you think?
MR. KRATZ: I just actually, I think I have two questions, Judge, so.
THE COURT: All right. Go ahead.
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Sergeant Tyson, Mr. Buting asked you about that -- that sign that mentioned a Zander Road address; do you recall him showing you that?
WILLIAM TYSON: Yes.
MR. KRATZ: Do you know where that Zander Road address is?
MR. KRATZ: Do you even know if it's in Calumet County?
WILLIAM TYSON: I heard Zander Road a couple of times on our department radios, Manitowoc County either having a crash or something like that, so I'm familiar with Zander Road probably being in Manitowoc County, I know it rang a bell, but I don't know where it is.
MR. KRATZ: Something a Manitowoc officer might be better able to answer?
WILLIAM TYSON: Yes.
MR. KRATZ: And lastly, Mr. Buting asked you about somebody relieving you from the scene security, that is, from watching over the SUV; do you remember those questions?
WILLIAM TYSON: Yes.
MR. KRATZ: Do you remember what department relieved you; in other words, the scene security from the point that you took over, thereafter, do you know what department was responsible?
WILLIAM TYSON: Calumet County Sheriff's Department.
MR. KRATZ: I think that's all I have for redirect.
MR. BUTING: No questions.
THE COURT: Very well, the witness is excused, and at this time we'll take our morning break. Members of the jury, again, do not discuss this case among yourselves during the break. We'll resume in about 15 minutes.
(Jury not present.)
MR. BUTING: Your Honor, could I move 206 and 207 into evidence?
THE COURT: Any objection?
MR. KRATZ: No.
THE COURT: They are admitted.
(Recess taken.)
(Jury present.)
THE COURT: Mr. Kratz, at this time you may call your next witness.
MR. KRATZ: State will call Andrew Colborn to the stand.