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Steven AverytranscripttranscriptDave Remiker — Direct (Part 1) - Day 8 - Steven AveryDetective Dave Remiker testified about his search of Avery’s residence, identification of Halbach’s RAV4, an answering-machine message, and a bullet fragment collected during a later garage search.
Kenneth R. KratzDean A. StrangPatrick L. WillisDave RemikerTHE COURTCourt ClerkDave RemikerMR. KRATZMR. STRANGdirect
Steven Avery/Day 8/February 21, 2007
9 pages·3 witnesses·2,625 lines
Lenk described finding a key beside Avery's bedroom cabinet and was questioned about its appearance, a possible blood vial, and his search accounts. Remiker testified about the early searches, the RAV4, and a later garage bullet fragment. Kucharski began describing the November garage search and its shell casings.
DirectDirectDave Remiker — Direct Dave Remiker Kenneth R. Kratz

THE COURT: Dave Remiker.

DAVE REMIKER, 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.

DAVE REMIKER: Dave Remiker, R-e-m-i-k-e-r.

DIRECT EXAMINATION BY ATTORNEY KRATZ:

MR. KRATZ: Mr. Remiker, how are you employed, sir?

DAVE REMIKER: I'm a detective with the Manitowoc County Sheriff's Department.

MR. KRATZ: How long have you been involved in that kind of work?

DAVE REMIKER: Uh, since May 8 of 2003.

MR. KRATZ: Prior to 2003, did you have other law enforcement duties?

MR. KRATZ: What was that?

DAVE REMIKER: Um, January of, uh, 1993, I was hired as a, uh, deputy jailer until October of 1993. Um, that lasted until about January of 1999, which I was promoted to the Narcotics Division, the Manitowoc County Metro Drug Unit, and I was then promoted to detective in May of 2003.

MR. KRATZ: Who is your immediate supervisor?

DAVE REMIKER: Uh, Lieutenant James Lenk.

MR. KRATZ: Detective Remiker, um, do you also have, or have you had in the past, responsibilities with the Department as something called an evidence custodian?

MR. KRATZ: Could you tell the jury what that is, please?

DAVE REMIKER: Uh, since about May of 2003, uh, as my assignment -- as I was given the assignment as a detective, I then took on the, um, responsibility of being the evidence custodian at the Sheriff's Department, which is, um, a lot of evidence handling. Basically, handling all the evidence that comes into and leaves, uh, the Sheriff's Department, uh, which includes a temporary evidence locker area and main evidence room area.

MR. KRATZ: All right. We're going to talk about, uh, your role, um, as a detective. What kinds of responsibilities do you have as a detective?

DAVE REMIKER: Uh, right now I work on, uh, property crimes, white color crimes, fraud, sex assaults. I'm kind of the individual that works on just about anything and everything. Um, I really don't have any primary focus in a certain type of investigation, uh, and a lot of my focus is working in the evidence room also.

MR. KRATZ: Um, normally, um, your investigative responsibilities involve criminal behavior?

DAVE REMIKER: Definitely. Yes.

MR. KRATZ: Let me ask you, uh, Detective Remiker, on the 3rd of November, 2005, uh, whether you were informed of a Calumet County investigation that was ongoing?

DAVE REMIKER: Yes, I was.

MR. KRATZ: And how were you informed of that investigation?

DAVE REMIKER: I was off that day. Um, I believe I got paged, um, probably by my supervisor, Lieu -- Lieutenant Lenk. I responded to the Sheriff's Department and, uh, met with, uh, some of our investigators, and Investigator Dedering was at our Department, and he provided us with -- with that information about, uh, the missing female.

MR. KRATZ: From what agency was, uh, Detective Dedering?

DAVE REMIKER: Uh, Calumet County Sheriff's Department.

MR. KRATZ: Let me ask you, that first day, the 3rd of November, was your Department asked to provide any insist -- any assistance in that investigation?

MR. KRATZ: And who was the person who had gone missing?

DAVE REMIKER: Uh, Teresa Halbach.

MR. KRATZ: What kind of investigation were you asked to assist with?

DAVE REMIKER: Um, we had received information that, uh, Teresa was missing, and that there were some individuals that they believed, uh, Teresa may have had contact with, uh, and both of those, uh, locations were in Manitowoc County.

MR. KRATZ: And who were those individuals?

DAVE REMIKER: I believe one of the residents was on County Trunk Highway B, as in boy, um, and that was, uh, George Zipperer residence, and the other residence or location was the Avery property.

MR. KRATZ: Were you personally involved that evening, that is the 3rd of November, in visiting either one of those residences?

DAVE REMIKER: Yes. I went to the, uh, George Zipperer residence.

MR. KRATZ: Do you know if anybody had gone to the Avery residence?

DAVE REMIKER: I believe Sergeant Colborn had gone to that location. I was -- I was advised of that.

MR. KRATZ: So it was somebody other than you?

MR. KRATZ: But you were involved in visiting the Zipperer residence?

MR. KRATZ: Detective Remiker, in, uh, visiting the Zipperer residence on the 3rd of November, um, just in very broad terms, broad brush strokes, did you perform somewhat of an investigation to see if Ms. Halbach had been there on the 31st?

MR. KRATZ: All right. After those events, that is, after Sergeant Colborn was at Avery's, and after you had gone to Zipperer's, um, did you, um, have a -- a get-together or a meeting?

DAVE REMIKER: After we made contact at the Zipperer residence, uh, I recall I was driving my squad car, uh, Investigator Dedering was in the passenger seat, and if I recall correctly, I think it was about 10:30 at night.

It was getting a little bit late, and I had some concerns about going out to the Avery property at that time of the night and -- and questioning people or start asking more questions, so we made a decision that it was getting a little late, we'll -- we'll re -- uh, return, maybe, um, do some further investigation the following day.

MR. KRATZ: The next day, then, did you, together with Calumet County, decide to do some further investigating?

DAVE REMIKER: Yes. We received a call from Calumet County, uh, Sheriff's Department, Investigator Wiegert, and he indicated that he wanted us to, uh, go make contact with, uh, Steve to see if we could obtain any more information.

MR. KRATZ: By Steve, you mean the defendant, Steven Avery?

MR. KRATZ: Did you do that on the 4th?

DAVE REMIKER: Friday, the 4th, I did. Correct.

MR. KRATZ: And could you describe that contact for us, please?

DAVE REMIKER: Uh, Lieutenant Lenk advised me that, uh, Investigator Wiegert had contacted us and wanted us to go make contact with Steve, um, and -- and see if we could get consent to search his residence. See if Teresa was there.

Um, Lieutenant Lenk drove the vehicle. Uh, I was in the passenger seat. We drove out to the Avery property. We turned onto Avery Road. We had no idea where we were going. Uh, we had no idea where Steve's residence was. Uh, we kind of got to a fork in the road and we decided to turn right.

Uh, we went down that roadway and we came to, um, a red trailer house, and the numbers on the house were 12932, and that was -- that was the address of Steven Avery, so we figured that was the residence.

MR. KRATZ: All right. Did you exit your vehicle at that time?

MR. KRATZ: Eventually, Detective Remiker, you made contact with Mr. Avery and his mother? Is that what --

MR. KRATZ: Describe that, uh, encounter briefly, please?

DAVE REMIKER: Uh, tried at Steve's residence. No answer. Then I went over to the next residence. Um, found out later that's Barb Janda's residence. I tried contact there. Nobody answered.

We got back into our car. We started driving down the driveway, and there was a golf cart that started driving down the road towards us, and we stopped our vehicle. Um, I got out, Lieutenant Lenk got out, and, um, Steven was seated in the passenger side of the golf cart, and I think Delores was driving the golf cart, and we -- we stopped and identified ourselves to them, and we then began a conversation.

MR. KRATZ: Did you ask for, uh, something called consent or permission to enter Mr. Avery's residence, itself?

MR. KRATZ: And did Mr. Avery give you that consent?

MR. KRATZ: Um, why don't -- Excuse me. Why don't you tell the jury what you did then?

DAVE REMIKER: After we received consent?

DAVE REMIKER: Um, uh, Steve, uh, told us that we could go into his residence to take a look. I said, I want you to come with me. I don't want to just go in there alone. So, um, he followed us. Uh, we drove our vehicle up to the residence, and I think Steve and Delores drove up in the golf cart, and we went to the door, and Steve opened the door and allowed us in.

Uh, Lieutenant Lenk stayed kind of in the living room area with Steve. I -- I don't recall if Delores was in the residence or not. And I went to the back bedroom. I was -- obviously, at that point, I'm looking for Teresa. I'm looking for a body. I'm looking for a human being. And I walked around, uh, the residence to see if I could find a person.

MR. KRATZ: Did you find any persons in that residence?

MR. KRATZ: About how long did this entire encounter take, if you recall?

DAVE REMIKER: We arrived on the property, uh, my notes indicate, 1020 hours, and we were completed with the consent search, being out of the residence, done searching, at 10:35. I was in his residence for five minutes.

MR. KRATZ: All right. At that time, Detective Remiker, did you have any reason to believe that, uh, Mr. Avery had been involved in this missing persons case? In other words, other than information that you'd received from Calumet County?

DAVE REMIKER: No. He -- he said he had contact with her. He said that, um, she had been in his residence where he paid her for the services, and said, hi, how are you doing? Some small talk. Other than that, I had no reason to believe that Steve had anything to do with anything.

MR. KRATZ: Did you and Lieutenant Lenk talk about that very thing?

MR. KRATZ: What did -- what did you two talk about?

DAVE REMIKER: I think my comments were, I think Calumet County is barking up the wrong tree. I don't remember my exact words. Um, I -- I just -- at that time I didn't have any reason to believe that Steve had anything to do with it.

MR. KRATZ: Did Lieutenant Lenk make any comments to you about, well, we've got to make sure that Steve's involved, or that he did it, or anything like that?

DAVE REMIKER: I think we both were in agreement at the time that Steve had nothing to do with it. That was just our feeling.

MR. KRATZ: All right. My question, though, is, did you note from Lieutenant Lenk any animosity towards Mr. Avery? Just -- The defendant, Steven Avery?

DAVE REMIKER: None at all.

MR. KRATZ: Where did you go then?

DAVE REMIKER: On the way back to the Department, I called Investigator Wiegert. Um, I told him that we made contact with Steve. Uh, that he gave us consent to search his residence. I went inside. I didn't find Teresa, and he -- he thanked me for, uh -- for giving him a hand, and I told him he could just recontact us if he needed anything else.

MR. KRATZ: Now, I think that at least by inference you've answered this question already, but let's just make sure. Prior to that date, had you ever been to the Avery Salvage Yard?

DAVE REMIKER: I have never been on Avery Road in my entire life.

MR. KRATZ: And in asking Lieutenant Lenk, or in observing his driving habits, did you note that he'd ever been there before?

DAVE REMIKER: We had no idea where we were going. We drove down Avery Road, we got to that fork in the road, and there's buildings, there's shops, there's all kinds of things there, and we, um -- luckily we took the right turn and went down the -- to the right and located the trailer.

MR. KRATZ: What's the next part of this case that you were personally involved in?

DAVE REMIKER: Um, that would have been Saturday, the 5th. That was my, uh, weekend to work, uh, which meant I came in at eight o'clock in the morning, and, um, at one point I called Investigator Wiegert. I think that was about 9:03 a.m., and I just, uh, made contact with him.

We had received some information that somebody seen a car, a Toyota Rav 4, driving northbound on -- near De Pere. Very generic, generalized, description, or tip, and I told him about that, and then we just discussed what the game plan was for -- for that day.

MR. KRATZ: Why did you share that -- that vague tip with Investigator Wiegert?

DAVE REMIKER: I'm sure he asked me if we had received any information at that time. I -- I think this was in the media. It was broadcasted. People were looking for that vehicle or that license plate. Just made contact to see how things were going, see if they had obtained any more information, and I just mentioned to him that, uh, there was -- we got maybe this call, or maybe somebody said this, or somebody said that.

MR. KRATZ: Sometime later that morning, uh, specifically at about 10:30 that morning, Saturday, the 5th, did you receive some additional information?

MR. KRATZ: Can you tell the jury what that was, please?

DAVE REMIKER: Well, I got a -- a call from, uh, Investigator Wiegert, and he said that he just got a call from a female, or two females that, um, they were out on the Avery property, and they found a car that may be Teresa's, and the comments were, you -- you need to get out there. That was the first phone call.

MR. KRATZ: Since this was in Manitowoc County, that is, the Avery salvage property, um, were you still at this point actively involved in at least that part of the investigation?

MR. KRATZ: Okay. What did you do?

DAVE REMIKER: Um, after I received the phone call, I grabbed a bunch of my evidence bags and kits, and I, uh, ran outside, went to my squad car, and I got in. Um, I started, uh -- I let dispatch know, I let the shift commander know, and I started responding to Mishicot. That's about 10:49, 10 to 11 in the morning.

MR. KRATZ: Did you proceed to the Avery salvage business then?

MR. KRATZ: About what time was it that, uh, you got to the Avery salvage business, if you recall?

DAVE REMIKER: 10:59 a.m.

MR. KRATZ: Were you the first to arrive or were there other people there?

DAVE REMIKER: There were other people there.

MR. KRATZ: Do you know from which department those were?

DAVE REMIKER: They were from our Department, the Sheriff's Department.

MR. KRATZ: Who was there?

DAVE REMIKER: On my way there, as I was getting more information, I told -- I asked if somebody was in the vicinity, if anybody was close to Avery Road. Uh, Deputy O'Connor was close. And I was getting more information that sounded like this may be her vehicle. I instructed Deputy O'Connor to park at the end of Avery Road and 147, and I told him not to let anybody in and don't let anybody out until we have some more information.

So he was parked at the end of the road. Um, Sergeant Orth arrived just before me, and Lieutenant Hermann arrived, um, right around the same time I did.

MR. KRATZ: On your arrival, where did you go?

DAVE REMIKER: I wasn't sure where I was going to go. Uh, at one point I called one of the Sturm -- I think Nikole or Pam -- and she told me where to go. Just keep going straight as you come in on Avery Road. And that's what I did. And come in on Avery Road, and then you go down into a gravel pit area. And I seen Pam and Nikole standing, um, down in that area, and I parked my squad right down there.

MR. KRATZ: If you want to look at the, uh, exhibit, Exhibit No. 86, as you're coming in, and when you get to this fork --

MR. KRATZ: -- instead of going right to Steven's, you were instructed to go straight; is that right?

DAVE REMIKER: Straight. Yes.

MR. KRATZ: Did you do that?

MR. KRATZ: And where did you go next?

DAVE REMIKER: Um, if you continue to go straight, uh -- yeah, just proceed a little -- There you go. Right there. Right -- Good. The bottom left-hand corner, uh, is where we drove in. And then you can kind of see the light-colored, uh, gravel, um, between the mass of cars. My car parked right about where, uh, the end of the light-colored gravel is, towards -- towards the top -- right -- right before that pond area.

MR. KRATZ: Detective Remiker, we're going to provide you with a laser pointer so that you can --

DAVE REMIKER: That will help.

MR. KRATZ: -- better explain your testimony.

DAVE REMIKER: Yes. Thank you. I parked right about there.

MR. KRATZ: So that would be north of the, um -- the pond area; is that right?

MR. KRATZ: Now, do you know where the -- uh, something called the car crusher is?

MR. KRATZ: Where's that?

DAVE REMIKER: That is right there.

MR. KRATZ: So orange --

MR. KRATZ: -- piece of equipment?

MR. KRATZ: And what's next to the car crusher along the -- that edge if you -- if you know?

DAVE REMIKER: I believe there were crushed cars along that -- right alongside that car crusher.

MR. KRATZ: My question is: Did you see that at that time?

MR. KRATZ: I'm just -- So that I don't forget, I'm going to show you one exhibit that has yet to be identified. Have you take a look at Exhibit No. 70 and tell us what we're looking at there?

DAVE REMIKER: Those are crushed vehicles that are in the vicinity of the car crusher on one side or the other.

MR. KRATZ: Is that how they looked on the 5th of -- of November?

MR. KRATZ: I move the admission of Exhibit 70 so I won't forget to do that, Judge.

THE COURT: Any objection?

MR. STRANG: No objection.

THE COURT: All right. The exhibit is admitted.

MR. KRATZ: (By Attorney Kratz) All right. Who else was at that location when you got there?

DAVE REMIKER: Pam and Nikole Sturm were standing down there. Um, eventually more people arrived. I don't know at what point you're talking.

MR. KRATZ: Well, that -- that's the point that I'm -- I'm -- I'm discussing. You had some contact with Pam and Nikole Sturm; is that right?

MR. KRATZ: Uh, did they point out for you the Rav 4 or its location?

MR. KRATZ: What did you do after they pointed that out to you?

DAVE REMIKER: I looked in that area. I couldn't really see the Rav 4, and I then began walking. Uh, there's kind of a path here, and then I took a right and I walked in, and Sergeant Orth had just arrived, and I went towards him, and there was a vehicle, and it was all covered up. It was a Toyota Rav 4, no license plates.

MR. KRATZ: All right. What were your responsibilities then? What -- what did you do when you saw that Rav 4?

DAVE REMIKER: Well, I -- The best way to first identify whether it was Teresa's was -- it didn't have license plates, so you couldn't identify it that way, so the next best thing would be to, uh, look at the VIN number, and I had -- I carried along a manila envelope, and in that envelope I had, uh, a printout of the missing or endangered, um -- printout that had Teresa's name on it and the vehicle, and I had that with me, and I walked up to the vehicle and started looking at the, uh -- the VIN number.

MR. KRATZ: The VIN number -- the VIN number is a Vehicle Identification Number; is that right?

MR. KRATZ: And where is it located on this vehicle?

DAVE REMIKER: This was located, um, right by, um, the front driver's side window. The lower left-hand corner, I guess, if you're seated inside the driver's seat of the vehicle.

MR. KRATZ: All right. You said you had a flashlight with you?

DAVE REMIKER: Not at first.

MR. KRATZ: Oh, I'm sorry. Uh, uh, I jumped ahead. Did you come in possession of a flashlight?

DAVE REMIKER: Yes. I couldn't read all the VIN numbers and I asked either Lieutenant Hermann or Sergeant Orth for a flashlight because I -- I thought that would help with glares and different -- the lighting conditions weren't the greatest to see, plus the VIN plate was moved or tampered with.

MR. KRATZ: All right. Were you then able to identify this vehicle?

MR. KRATZ: And whose vehicle was it?

DAVE REMIKER: Um, all 17 numbers matched the VIN number of the vehicle that was registered to Teresa Halbach.

MR. KRATZ: Now, while you were there, we've heard from other deputies that were on scene, but let me ask you, specifically, did you, uh, touch or otherwise disturb that vehicle?

DAVE REMIKER: That vehicle wasn't touched at all. I looked at the VIN number, glanced in the back window. That vehicle was not touched.

MR. KRATZ: How can you be so sure?

DAVE REMIKER: Because I -- The way it was concealed, the suspicious nature of it, I knew we had something on our hands here. And I very specifically instructed nobody to even touch the vehicle. Don't check the doors. Nothing.

MR. KRATZ: All right. That was important to you that nobody touched the vehicle?

DAVE REMIKER: That was very important.

MR. KRATZ: Did you make that fact known to the other deputies that were on the scene?

DAVE REMIKER: Yes. In fact, I told Sergeant Orth that he should watch the vehicle, but don't even get close to it. In fact, he probably stood 10, 15 yards from the vehicle just to make sure.

MR. KRATZ: Being a detective, did you do some initial investigative work around that vehicle or just some cursory investigation?

DAVE REMIKER: I checked the VIN number. Uh, I remember peeking into the backseat. There was a, uh, digital camera, photo card, like a memory card, that you put in a digital camera. That was in the back area.

Um, I remember seeing the letters, T-E-R-T-H-E-R-E-S. Looked like Teresa --

DAVE REMIKER: -- or Terese written on it. Um, I looked under the vehicle real quickly to see if maybe Teresa was under there and, um, that was it.

MR. KRATZ: You didn't see any body?

MR. KRATZ: Was your purpose, uh, Detective Remiker, to verify anything other than that that was Teresa's vehicle on the scene?

DAVE REMIKER: That's all I felt was necessary at the time, and then -- and I had contacted, Lieu -- uh, Investigator Wiegert and told him the VIN was confirmed.

MR. KRATZ: Okay. Make sure you speak up nice and loudly --

DAVE REMIKER: I'm sorry.

MR. KRATZ: -- so that we can all -- we can all hear you. Um, other than Manitowoc County authorities being on scene, was there anybody else that was either there or en route?

DAVE REMIKER: I called Investigator Wiegert on our radio on the Sheriff's frequency. Uh, and I think he was monitoring at that time, in fact, I know he was, and I told him -- I think the word I used was "confirmed." The VIN was confirmed.

Um, he was on his way with Sheriff Pagel. Um, eventually some other investigators showed up. Um, Earl Avery showed up on a four-wheeler.

MR. KRATZ: Did you speak to Earl Avery? One of the, uh, Avery brothers?

MR. KRATZ: About how long was it before Calumet County authorities arrived, if you recall?

DAVE REMIKER: I got there roughly 11 a.m. and I think they arrived at 11:06 is what my notes say.

MR. KRATZ: All right.

DAVE REMIKER: Six minutes. Five. Within ten minutes.

MR. KRATZ: Five or six minutes is what Manitowoc was there; is that right? How long?

DAVE REMIKER: Oh, yes. Very shortly. Yes.

MR. KRATZ: Thereafter, it was Calumet County, to your knowledge, continuously at that scene from that point, actually, through the 12th of November?

MR. KRATZ: In that five or six minutes that Manitowoc County, uh, was there alone, would you have been in a position to see if anybody either entered that vehicle or tampered with that vehicle?

DAVE REMIKER: Nobody entered that vehicle or did anything to that vehicle other than watch it.

MR. KRATZ: All right. Let me ask you, Detective, uh, Remiker, at some point shortly thereafter, were you joined by your district attorney, Mr. Rohrer, and Mr. Griesbach, an Assistant D.A., from, uh, Manitowoc County?

DAVE REMIKER: Eventually, those individuals came to that location. Yes.

MR. KRATZ: After their arrival, do you recall a discussion regarding who should head up both this investigation and, if necessary, uh, any, um, lawyer involvement, any D.A. involvement, in the case?

DAVE REMIKER: There was a lot of discussion about that, yes.

MR. KRATZ: Can you recount that for the jury, please?

DAVE REMIKER: Um, obviously, uh, there were Calumet County people there. There were, um, Manitowoc County, uh, investigators, administrative staff there. In fact, um, at one point, uh, Deputy Inspector Schetter arrived, and, um, he had, obviously, more knowledge or -- or understanding of what was going -- his perception of maybe a conflict of inter -- interest in some ongoing litigation between, uh, Steven Avery and Manitowoc County.

And there was a decision made and a discussion made amongst Manitowoc County individuals, Calumet County individuals, and individuals from each District Attorney's Office that it was probably in the best interest to have Calumet County officers, um, work on the investigation, and, uh, they would even also, uh, ask the State of Wisconsin or DCI to assist also.

MR. KRATZ: All right. That's from a law enforcement standpoint. Did you also understand that something called a search warrant had to be applied for with a judge?

MR. KRATZ: And were you informed as to, uh, which lawyers might be involved in securing that search warrant?

DAVE REMIKER: Yes. Um, it was decided that the Calumet County, uh, District Attorney's Office, in fact, yourself, would, um, take over as, um, special prosecutor in the case or -- or handle the case.

MR. KRATZ: All right.

DAVE REMIKER: And the search warrants would go through Calumet County.

MR. KRATZ: The search warrant application process, are you familiar with that, generally?

MR. KRATZ: Were you involved that day in applying for a search warrant from, uh, Judge, uh, Fox, of, uh, Manitowoc County?

DAVE REMIKER: I was specifically given instructions to go get, um, descriptions of different buildings or residences for the application of a search warrant.

MR. KRATZ: And did you assist in that process?

MR. KRATZ: In fact, uh, Mr., uh, Remiker, did you accompany some lawyers and some other law enforcement officers to Judge Fox's house, to his residence, in which to secure the search warrant?

MR. KRATZ: Was a search warrant obtained that morning? Or, excuse me, that afternoon?

DAVE REMIKER: Yes. Between, uh, probably 2 and 3:30, we had, uh, obtained the search warrant signed by Judge Fox.

MR. KRATZ: All right. After receiving the search warrant, after receiving judicial, uh, authority -- authorization to search that premises, tell the jury what you did, please?

DAVE REMIKER: We returned -- We got back to the Avery property, uh, about 3:25 in the afternoon. Uh, we all got together. It was -- I believe it was starting to get dark, and we then discussed amongst, um, Investigator Wiegert and Agent Fassbender how we were going to carry out the different tasks that we knew we needed to carry out.

And we discussed that. We talked about it. We tried to figure out who was going to do what. Who was going where. What was I -- what was our priority at that time, and, uh, at -- at some point, based on our discussion, we decided that certain individuals would go check certain areas.

We -- we were very concerned that Teresa was still out there and hopefully alive, uh, was what we were hoping for. So we needed to do some checks to see if she was somewhere on that property.

MR. KRATZ: Was there somewhat of a time crunch involved in that decision?

DAVE REMIKER: Obviously, if Teresa was out there, and she was injured or hurt or something, we were urgent -- I mean, we had that urgency to see if we could find her. Um, I mean, we were all under the gun out there. We had a lot of work to do.

MR. KRATZ: All right. Let me ask you -- I -- I forgot to ask. On your return with the search warrant, um, do you recall that a system had been set up to log officers in and out of that property?

MR. KRATZ: And did you then log in when you came back with the search warrant?

DAVE REMIKER: Yeah. I don't know how many layers were -- there were. I know there was a vehicle parked at the end of Avery Road and 147 log -- uh, logging people in and out. Um, and then I believe there were additional checks at each portion of the driveway where -- where it kind of forked out. I think there were people there also.

MR. KRATZ: Let me ask you this, uh, Detective Remiker, when you got this information from Investigator Wiegert, did you, um, keep your boss informed of what was going on out there?

DAVE REMIKER: Yes. Right -- right after I confirmed the VIN number on her car, I contacted dispatch and told them to page Lieutenant Lenk and Detective Jacobs.

MR. KRATZ: When you left, that is, before the search warrant was applied for, was Lieutenant Lenk there yet?

MR. KRATZ: Upon your return with the ex -- or, excuse me, with the actual search warrant having been signed and authorized by Judge Fox, uh, was Lieutenant Lenk then at the property?

MR. KRATZ: Any question, Detective Remiker, who had command or control authority over this scene?

DAVE REMIKER: Uh, definitely Investigator Wiegert and Agent Fassbender. Everything went through them.

MR. KRATZ: In other words, there's no question in your mind that this wasn't a Manitowoc County case anymore?

MR. STRANG: Leading, and asked and answered.

MR. KRATZ: I -- I -- I can move on, Judge. I just --

THE COURT: All right.

MR. KRATZ: This witness', uh, perception is what I would ask, but I'll move -- I'll move on.

MR. KRATZ: (By Attorney Kratz) Were you aware and, in fact, did you provide services, assistance, to Misters Fassbender and Wiegert?

MR. KRATZ: And what, uh, role were you specifically going to provide and, if you know, that of Manitowoc County?

DAVE REMIKER: Well, in a case like this, uh, probably the most important people are evidence technicians. Those are people who have specialized training in, um, identifying, collecting, packaging, labeling, sealing, securing, uh, evidence. So those are -- those people are very important.

And I'm an evidence tech, uh, Lieutenant Lenk is an evidence tech, Sergeant Colborn is an evidence tech. Two individuals that I -- I trust and individuals that I felt would be very thorough and very -- be very competent and professional. So I offered them, um, the services of myself, and Lieutenant Lenk, and Sergeant Colborn to -- to give them a hand. Plus we had all our equipment out there.

MR. KRATZ: So it was you that volunteered those services? Is that your testimony?

DAVE REMIKER: Oh, yes. Definitely.

MR. KRATZ: Let me ask you this, Detective Remiker, were you familiar at that time that Lieutenant Lenk or Sergeant Colborn had been involved or that provided a deposition in some civil lawsuit by Mr. Avery?

DAVE REMIKER: I'll tell you this, when we were out there, and the magnitude of what we all had to do, and the fact that it was very overwhelming, that was never even thought of.

MR. STRANG: That wasn't my question, Your Honor, so I can't move to strike as non-responsive, but it is a narrative.

THE COURT: Uh, I'm going to sustain the objection. The answer is unresponsive.

MR. KRATZ: All right. We'll break it into -- into specific, uh -- into specific points.

MR. KRATZ: (By Attorney Kratz) You talked about the size of this undertaking. Can you put that into context for the jury, please?

DAVE REMIKER: Thirty, forty acres, thousands of cars, buildings, outbuildings, residences, shops, garages, uh, there was a lot of searching to do.

MR. KRATZ: Did you recognize any resource allocation issues or problems?

DAVE REMIKER: I felt that myself and -- and the individuals that -- that, um, I asked to accompany me could carry out certain tasks. There were other tasks that needed to be done by a lot of other people.

MR. KRATZ: No. Let me ask you this: The evidence techs, or people that you knew had specialized training in -- in collection, packaging, um, and, uh, processing of evidence, were those individuals put into search teams?

MR. KRATZ: Were you made part of one of those search teams?

MR. KRATZ: Who else was involved in your search team?

DAVE REMIKER: Which search?

MR. KRATZ: That very -- that -- that -- the first day. On the 5th. Or were there more than one searches on the -- on the 5th?

DAVE REMIKER: Well, initially, myself and, um, Investigator Steier, Gary Steier from Calumet County Sheriff's Department, we initially went in to Steve's residence for the very first time on that Saturday to see if Teresa was in there. So it -- that was, I guess, in some terms a search. A search for Teresa, and then there was another search done in Steven's trailer a little bit later.

MR. KRATZ: Is there another term for that, uh, first kind of search?

DAVE REMIKER: It was -- I -- we were looking for Teresa. It was a -- it was a -- I wouldn't say it was a forensic search. It was a search rescue-type thing. See if she was in there.

MR. KRATZ: How long were you in the -- in the residence?

DAVE REMIKER: Ten minutes.

MR. KRATZ: After that initial walk-through of Steve's trailer, were there other teams then that were assembled?

MR. KRATZ: Uh, just so the jury understands, were other residences and outbuildings also gone through quickly that very first time?

MR. KRATZ: So it wasn't just Steve's trailer?

MR. KRATZ: And thereafter, were you put into a search team?

MR. KRATZ: And who was that search team comprised of?

DAVE REMIKER: Myself, um, Lieutenant Lenk, Sergeant Colborn, and Sergeant Bill Tyson from Calumet County Sheriff's Department.

MR. KRATZ: I don't intend, since we've had three other witnesses talking about the searches, to go through item by item, but I do want to go through, uh, at least some of these things in -- in a broad sense. Did you accompany Sergeant Tyson, uh, and those other two Manitowoc individuals to Steve's trailer?

MR. KRATZ: Could you describe that search effort that night, please?

DAVE REMIKER: Um, Sergeant Tyson was assigned to, uh, pretty much document as much as he possibly could in that trailer. And then once we, uh, went into the trailer, we had decided that we were going to first go to that back bedroom, uh, which we eventually identified as being the bedroom of Steven Avery.

I discussed it with the other officers, and we determined that each officer would take a specific area of that bedroom. I had the closet, the dresser area, which is on one side of the bed, and, um, Sergeant Colborn kind of had the other side of the bed where, um, there was some cabinets and drawers and stuff like that. And, then, uh, I think Lieutenant Lenk helped me, um, in the closet area.

MR. KRATZ: All right. Was each room of Steve's trailer searched that night?

MR. KRATZ: Were photographs taken?

MR. KRATZ: Um, who was involved in the photography, if you recall?

DAVE REMIKER: Um, I took digital photographs and Sergeant Colborn took 35mm photographs.

MR. KRATZ: About how long did that first search take, if you recall? The second search.

DAVE REMIKER: I believe it was from about 7:30 until about 10:00 p.m.

MR. KRATZ: In that two-and-a-half-hour time frame, um, were you aware -- or was it decided whether your search team had a -- a leader or who was directing the search?

DAVE REMIKER: Sergeant Tyson was documenting everything. Um, we were -- You know, we discussed everything before we did it. You know, let's now go to this room. You do this, you do that. We all were in agreement. I don't know if there was anybody who was really -- who really stood out or was a commander, I guess.

MR. KRATZ: Okay. Which individual or which agency took control of the physical items that were seized?

DAVE REMIKER: Uh, Calumet County Sheriff's Department took everything.

MR. KRATZ: By the way, do you remember the weather that night?

DAVE REMIKER: Cold. Um, Saturday. I know it was cold. I don't remember if there was precipitation, or rain, or snow. Sunday, there wasn't. I know that.

MR. KRATZ: After the search was completed in Mr. Avery's trailer with your search team, um, where did you go?

DAVE REMIKER: Um, we were done for the night after the, uh -- We did -- we did Steven's trailer, and then, um, I think we went back to the command post, and all the evidence was given to Calumet County, and they -- they secured it.

MR. KRATZ: Do you have any discussions at the end of the day kind of thing?

DAVE REMIKER: Yes. What all had -- what had to be done the next day. Um, what our priority was. Um, who needed to be back on the property the next day.

MR. KRATZ: And who made that decision, if you recall?

DAVE REMIKER: Um, Calumet County Investigator Wiegert and Agent Fassbender.

MR. KRATZ: Agent Fassbender's actually not Calumet County; is that right?

MR. KRATZ: The next day, then, on Sunday, the 6th, can you tell the jury what you did?

DAVE REMIKER: Uh, we arrived early in the morning. Our next priority was to search the garage, which we believed was Steven Avery's garage, and, uh, at that point, um, we had a team that got together; myself, um, Sergeant Colborn, Lieutenant Lenk, and Deputy Kucharski from Calumet County Sheriff's Department.

And, again, we would designate who did what, what each individual had to do and what their duties were, and, um, I believe it was right at eight o'clock in the morning we went into the garage and started doing our search of the garage.

MR. KRATZ: Whose garage?

DAVE REMIKER: Steven Avery's garage. The detached garage.

MR. KRATZ: After completing that search, can you tell the jurors where you went next?

DAVE REMIKER: Uh, we were done with that about ten to ten with the garage, and we had received some information that there was -- there were some burning barrels. There were four burning barrels behind Barb Janda's trailer, and they wanted to, um, grab those barrels and put them in a -- an enclosed trailer.

It was starting to rain, sleet. It was -- it was pretty miserable out there at the time, and I think we got some tarps on the barrels, and then I had told them before we moved them, before we load them out -- load them up, we're going to have to itemize them or designate a number, and then take photographs so we know their exact position prior to them being moved.

MR. KRATZ: Exhibit 52 that's now being shown in the courtroom. Does that document that event?

MR. KRATZ: And who is that in the orange jacket?

DAVE REMIKER: That's myself.

MR. KRATZ: What are you doing in this picture?

DAVE REMIKER: It was windy. Um, to me it looks like I'm holding the tarps down. Um, I may have been moving the tarps so that photographs could be taken of the numbers that I put on the side of the barrels.

MR. KRATZ: All right. After securing those four burn barrels, tell the jury where you went, please?

DAVE REMIKER: After that, we went to Barb's trailer.

MR. KRATZ: I show you what's been received as Exhibit No. 54. Tell the jury if you recognize this picture?

DAVE REMIKER: That's, uh -- that's standing outside of Barb's trailer. Uh, the front of -- of the trailer, 12930, I believe, is the address on the house.

MR. KRATZ: And did you enter this trailer?

MR. KRATZ: What did you do upon entry of this trailer?

DAVE REMIKER: Um, we identified ourselves. Um, verbally announced, search warrant. Went into the residence. Um, right when we walked into that side door on the left -- It's a linoleum floor. There was what looked to be, um, um, dried, red liquid substance on the floor. Um, so we -- we identified that spot, and then, again, we designated each individual to go to certain areas to, uh -- to search and take -- we took photographs before, um, and then we did our search after that.

MR. KRATZ: Within the residence and upon completion, uh, of the search, did you have occasion to come across an item which is depicted in an exhibit, which has been received, which is Exhibit No. 55?

MR. KRATZ: Tell the jury what this is, please?

DAVE REMIKER: That was, uh -- that was in the residence. Um, it was, I would say, between the kitchen and the living room area. It was on a table or a stand. It's a -- it's a digital answering machine.

MR. KRATZ: Was this answering machine examined by you at that time?

MR. KRATZ: And how was it examined, if you recall?

DAVE REMIKER: I was interested in what was on the answering machine. I believe there was, uh, the number 12, or indicated that there were 12 messages on the machine. And I started going through the messages to see if they were of any importance. And then I found, uh, message No. 6 on the answering machine.

(Exhibit No. 218 marked for identification.)

MR. KRATZ: There's a, um -- a -- a video clip, a -- a -- a CD, that's in front of you, um, an exhibit number. Can you tell us what exhibit number that is, please?

DAVE REMIKER: Uh, 218, 2-1-8.

MR. KRATZ: Exhibit No. 218 -- and for the record and Mr. Strang's benefit -- uh, is the video clip of -- of this particular phone call? Is that your understanding?

DAVE REMIKER: Yes. This is recorded on my digital camera, which also has the ability to record movies and audio.

MR. KRATZ: Now, let me ask you this, uh, um, Detective, Remiker, have you been asked to compare this particular phone call that we're about to hear with some, um, business records and determine the date and time of this call?

MR. KRATZ: And have you been able to do that?

MR. KRATZ: What is the date and time of the call that we're about to hear, if you -- if you know?

DAVE REMIKER: That phone call, um, was placed on October 31, 2005 at 11:43 a.m., I believe.

MR. KRATZ: All right. I'm going to play this, uh, video clip, and then I'm going to ask if you can identify it.

MR. KRATZ: "Hello. This is Teresa with Auto Trader Magazine. I'm the photographer, and just giving you a call to let you know that I could come out there today, um, in the afternoon. It would -- will probably be around two o'clock or even longer, but, um, if you could please give me a call back and let me know if that will work for you, because I don't have your address or anything, so I can't stop by without getting a call back from you. And my cell phone is 737-4731. Again, it's Teresa, 920-737-4731. Thank you."

"Monday, 12:25 a.m." Detective Remiker, is that the, um, recording, the answering machine message, that you heard at that time?

MR. KRATZ: From an individual identifying herself as Teresa from Auto Trader Magazine. Uh, did you believe that was important and did you, in fact, retain a copy of that message?

MR. KRATZ: I will move the admission of Exhibit 218, please.

THE COURT: Any objection?

MR. STRANG: None at all. And, um, you know, we -- we consider that the voice of Teresa Halbach to be established.

THE COURT: Very well. The exhibit is admitted.

MR. KRATZ: Thank you, Judge.

MR. KRATZ: (By Attorney Kratz) Detective Remiker, uh, how long did the search of Barb Janda's -- and -- and -- and that's where this was found; is that right? In Barb Janda's trailer?

MR. KRATZ: How long did the search of Barb Janda's trailer take?

DAVE REMIKER: From about 10:15 until about 12:25, I believe.

MR. KRATZ: Thereafter, that is, after this answering machine message was recorded, uh, by you, uh, were you asked to assist in other searches that day as well?

MR. KRATZ: And, just generally, since we've been through this several times, and you don't know that but we have, can you tell us the places that were searched?

DAVE REMIKER: Uh, we were asked to go back into Steve's trailer, uh, to retrieve some additional items; including some firearms, some bedding, um, I believe either vacuum cleaner or -- or carpet shampooer. Um, so we went back into Steve's -- this would be myself, Lieutenant Lenk, Sergeant Colborn, and Deputy Kucharski -- went back into Steve's trailer to specifically retrieve those items. We were in there for about a half hour.

MR. KRATZ: Where else did you go then?

DAVE REMIKER: After that, we -- I believe the next search would have been, um, the auto shop building.

MR. KRATZ: All right. Was anything of significance found in that -- in that building?

DAVE REMIKER: No. There was a -- there was a car up on a hoist, and we -- In fact, I, physically, I think, climbed up there. We brought the hoist down a little bit to check to see if maybe Teresa was in that car. We searched the office area. Nothing in there.

MR. KRATZ: Do you recall, was it the Crime Lab, uh, Response Unit -- Field Response Unit, uh, there that day as well? On Sunday, the 6th?

DAVE REMIKER: I'm sure they were. I don't ever recall seeing them, specifically.

MR. KRATZ: Well, my question is, uh, were there other law enforcement officials, not just from Manitowoc or Calumet, but from other agencies, in different parts of this 40-acre salvage yard?

MR. KRATZ: Do you know what all of them were doing?

DAVE REMIKER: I -- my focus was on what I had to do. I wasn't really concerned about where everybody else was at the time.

MR. KRATZ: All right. Let's skip to the -- the end of that day. Detective Remiker, at the conclusion of the day on the 6th of November, um, were you asked to return at all to the Avery salvage property to complete searches in that November?

DAVE REMIKER: On that Monday was I asked to return?

DAVE REMIKER: I was asked. I wasn't able to return.

MR. KRATZ: Can you tell us why?

DAVE REMIKER: Um, my wife was pregnant and, uh, she had some issues overnight, so I called Lieutenant Lenk and told him that it probably wasn't the best for me to come. She was going to be induced on that Wednesday, so it was best for me to just be done.

MR. KRATZ: All right.

DAVE REMIKER: I had a big day ahead of us.

MR. KRATZ: And did you then, um, return at all those next following days?

MR. KRATZ: I'm going to direct your attention, however, to March 1 and 2 of, uh, 2006 at about four months, maybe, after, uh, these initial searches began, ask if you assisted and would ask to assist in some additional searches at the Avery salvage property?

MR. KRATZ: And, um, where were you asked to assist? In other words, in what building were you assigned responsibilities for?

DAVE REMIKER: On -- on March 1, that first day we got out there, my assignment was to videotape, um, prior to the search of Steven Avery's residence and after the completion of the search. Um, as I was there, as we were, um, standing by, as other people were doing their search, I was asked numerous times about certain pieces of equipment, or what they should do, or how they should collect that, or if I had this, or if I had that and, um, I would then just provide them with whatever they needed.

MR. KRATZ: You were inside of, uh, Mr. Avery's trailer then on the 1st and 2nd of March?

DAVE REMIKER: I believe -- Yes. Both days, yes.

MR. KRATZ: Were you inside of Mr. Avery's garage on those days?

DAVE REMIKER: On the 1st, um, I wasn't in the garage. I may have been near the garage to give them supplies. Um, on the 2nd I was then asked if I could come into the garage and help them.

MR. KRATZ: All right. Well, it's on the 2nd that I -- I had my next series of questions. Uh, did you, um, assist other law enforcement officers in a thorough search of Mr. Avery's garage on March 2?

MR. KRATZ: And during that thorough search, do you recall coming across any, uh, item of particular interest?

DAVE REMIKER: Well, we found some, uh -- some additional shell casings. Um, we were searching on our hands and knees. At one point I remember, um, DCI Agent Kevin Heimerl located what looked to be a bullet fragment near the -- the air compressor, kind of in the back left corner of the garage. And, for the most part, I was specifically -- once stuff was located, my job was to specifically collect that item and make sure it was collected properly.

MR. KRATZ: Were there a lot of items in this garage at the time?

DAVE REMIKER: It was -- it was full. Um, I think every wall was lined with stuff, and -- and this time we physically moved everything from one location to the next.

MR. KRATZ: During the course of this search, um, did, um -- and towards the back wall, which would be towards the south wall of the garage, uh, was any item of particular interest noted by you?

DAVE REMIKER: There were -- there was a bullet fragment that was located. Um, there was, um, some fibers, I think off of a glove, or -- or some hair samples that we -- that we took off a glove.

MR. KRATZ: Let me show you an exhibit which has been received into evidence. Exhibit 108. It's a -- it's not a photograph, but it's a computer-generated, um, exhibit. Will this help you explain for the jury where that bullet fragment was found?

MR. KRATZ: Tell us what we're looking at, please?

DAVE REMIKER: Um, Item No. 23-A, um, is -- right in between there was a large, uh, tool box. Um, to the left of 23-A, I believe, is a car creeper, is what I call it, and that bullet fragment --

MR. KRATZ: What's a car creeper, before we go any further?

DAVE REMIKER: It's -- it's a device that you use -- that you lay on. Usually lay on your back. It's got wheels on it and you can roll yourself underneath a vehicle, um, for whatever reason.

MR. KRATZ: Was there an item, if you recall, that was between those two -- uh, that is, between the creeper and the tall tool box?

DAVE REMIKER: Yes. There was a small, um, lead or a bullet fragment that was located at that spot. That location.

MR. KRATZ: Now, we'll hear from, um, a gentleman by the name of Kevin Heimerl. By the way, who is Mr. Heimerl?

DAVE REMIKER: He is a, uh, agent with, um, the Department of Criminal Investigation. It's a state agency. A state law enforcement investigative agency.

MR. KRATZ: Was that bullet fragment, uh, photographed and thereafter, uh, collected by state agents at that time?

DAVE REMIKER: It was photographed. It was collected by myself.

MR. KRATZ: Okay. After you collected that bullet fragment, what did you do with it?

DAVE REMIKER: Um, I believe Investigator Gary Steier, from Calumet County Sheriff's Department, was in the garage with us. So after it was collected, labeled, sealed, and packaged, then it would go over to, uh, Investigator Steier and he would make his log entries.

MR. KRATZ: All right. Now, you mentioned Mr. Heimerl. What was his duties that night, if you recall?

DAVE REMIKER: He was taking photography. Um, he was one of the individuals on their hands and knees searching, looking, um, identifying different stuff. Uh, we'd find stuff and then we'd look at it to see if it had any significance. So we were -- we were searchers, I guess.

MR. KRATZ: By the way, how long did the search of this garage take? You said that you moved -- you physically moving every item. How long did that take you?

DAVE REMIKER: March 2? Or --

MR. KRATZ: Well, if you recall? If -- if -- You said you weren't involved on March 1?

DAVE REMIKER: Correct. Um, I was in the garage probably around 9:00 a.m. on the 2nd and we were done in the garage maybe around 2:00 p.m. on the 2nd.

MR. KRATZ: And we'll hear from these other individuals, or at least some of them, but you understood that the search had been occurring the day before as well on the 1st?

DAVE REMIKER: Definitely, yes.

MR. KRATZ: I just wanted to, um, clarify one point before I, uh -- I -- I allow Mr., well, Buting or Strang to ask you some questions. The -- Exhibit 218, the -- the, um, recording of the voice message, uh, do you hear a -- a time at the end of it? Uh, twelve-something a.m.?

DAVE REMIKER: 12:25 a.m.

MR. KRATZ: All right. Do you know how that got on there, or can you explain for the jury? If you know.

DAVE REMIKER: I don't know. I wasn't -- I wasn't able to determine the exact date stamp on the answering machine at the time. I didn't want to, obviously, erase that message. So, um, how far off it was, uh, according to the date stamp on the answering machine, I don't know.

MR. KRATZ: But you later come to know that it was 11:43?

DAVE REMIKER: A.m., yes.

MR. KRATZ: The last question. That Exhibit No. 20 -- or, excuse me, Exhibit No. 108, where we now see what's depicted as a -- a evidence tent, 23-A, um, was there a, uh, piece of equipment or an item there?

DAVE REMIKER: I believe there was a air compressor in that general vicinity also.

MR. KRATZ: My question is: Did that have to be moved before you found the bullet?

MR. STRANG: He -- he didn't find the bullet.

MR. KRATZ: I can ask it a different way, Judge.

MR. KRATZ: (By Attorney Kratz) Before you saw the bullet, did that air compressor have to be moved or -- What happened with the air compressor?

DAVE REMIKER: I -- I don't know. I can't recall.

MR. KRATZ: Let's do it this way. I'm showing you what's been received as Exhibit 121, ask if you can tell us what we're looking at here?

DAVE REMIKER: That's the area where the bullet fragment was located, and that should be between the, um -- the car creeper that says Black Jack on it and the tool box. It was under that air compressor.

MR. KRATZ: Use the laser pointer, please. Tell me what -- For those of us that don't know what a air compressor looks like ...

DAVE REMIKER: It's the green object with the -- the yellow label on it with the tire.

MR. KRATZ: Where was the bullet fragment?

DAVE REMIKER: Under that air compressor. I mean, to the left, to the right, I'm not -- I don't recall. But under that air compressor.

MR. KRATZ: All right. Under that piece of equipment?

MR. KRATZ: That's all I have of Detective Remiker, Judge.

THE COURT: All right. Mr. Strang?

MR. STRANG: Yes, Your Honor. Actually, it would be very useful to take about, oh, probably five minutes without the jury, um, before I start my cross.

THE COURT: All right. Members of the jury, we'll take a short break at this time.

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