6.Dave Remiker — Cross (Part 2)

MR. STRANG: Thank you, Your Honor.

MR. STRANG: Detective Remiker, when you, uh -- when you explained to counsel, uh, at the prosecution table on direct examination that, uh, Lieutenant James Lenk is your -- is your boss or your supervisor, I believe is the term you used, he is, first of all? I understood you correctly?

MR. STRANG: All right. Uh, and what you mean by that is that, uh, he's one of the people who reviews your work performance?

MR. STRANG: Does an annual review? That type of thing?

MR. STRANG: Evaluation?

MR. STRANG: Has some input on whether you get a salary increase and how much?

MR. STRANG: You know one way or the other?

MR. STRANG: Okay. But, you know, I mean, he's your supervisor. He's the one who -- who controls your assignments or passes out assignments to you?

MR. STRANG: You work with him on the same shift?

MR. STRANG: The, um -- the meeting on -- on the evening of November 3, after you were paged, you first learned about the missing person report from Calumet County?

MR. STRANG: You get paged? You come in?

MR. STRANG: Uh, sometime in the evening?

MR. STRANG: That, uh -- you -- you told us, uh, that Investigator John Dedering from Calumet County Sheriff's Department was at the meeting?

MR. STRANG: As was Lieutenant Lenk?

MR. STRANG: Uh, Detective Dennis Jacobs from your Department? Or no?

MR. STRANG: He was there. Obviously, you were there. Anyone else you recall being present at that November 3 -- the Thursday night meeting?

MR. STRANG: Okay. But he -- but Colborn comes back to the Sheriff's Office at some point and you folks touch base with him as well?

MR. STRANG: Um, the, um -- Detec -- Detective Dennis Jacobs is someone who's a relatively new name here. Uh, colleague of yours?

MR. STRANG: Was he in the Detective's Unit or Detective Bureau before you joined in May, 2003?

MR. STRANG: You also worked same shift with him?

MR. STRANG: You -- you two, uh, frequently worked together?

MR. STRANG: That evening, then, you joined Investigator Dedering in going out to the Zipperers?

MR. STRANG: And, um -- and what, uh, had caused me to chuckle in reading the report of yours, which I thought it might have been the understatement of the year, you -- you, uh -- you found that initially George Zipperer was not real cooperative?

MR. STRANG: Yeah. I mean, that's -- that's the way you described it, is it not, in your report?

MR. STRANG: I think your, uh -- I think your exact words were, uh, initially George was not real cooperative?

MR. STRANG: Does this look like your report from November 3?

MR. STRANG: You can look at whatever you want to help refresh your recollection, but I -- I highlighted that.

MR. STRANG: That's true, isn't it? Initially?

MR. STRANG: Took 15 or 20 minutes even to answer the door with sheriff deputies outside?

MR. STRANG: Uh, wouldn't allow the police to enter the house even then?

MR. STRANG: You had to do it out -- sort of a lengthy interview with his wife, JoEllen, through a window before anybody would let you in the house?

MR. STRANG: George was belligerent?

MR. STRANG: A little abrasive. Some hostility?

MR. STRANG: What time was it?

MR. STRANG: All right. Uh, this -- this abrasive attitude, and not real happy to have law enforcement on his property, continued even after you told him that a young woman was missing?

MR. STRANG: But at one point he told you that he wanted Teresa Halbach arrested?

MR. STRANG: Well --

MR. STRANG: This was -- this was the other person whom they knew -- or they had been told that Teresa had appointments with, and the cooperation, or lack of cooperation, I think, goes to, uh, whether these people merited further investigation, Your Honor.

MR. STRANG: (By Attorney Strang) Did -- This statement about wanting her arrested is not in your report so that's -- I'm getting that from Detective Dedering. You, in -- you, in any event, don't necessarily remember that comment of George Zipperer?

MR. STRANG: You do not recall that? Or you do?

MR. STRANG: I'm sorry. Okay. Uh, you do recall Mr. Zipperer denying that he had contacted Auto Trader?

MR. STRANG: Although, you learned that it was his car or a family member's car that she had come to photograph?

MR. STRANG: Uh, Jason denied that he had called to have his car photographed initially, too?

MR. STRANG: That was a false denial.

MR. STRANG: It's a question.

MR. STRANG: Well, you did talk to JoEllen Zipperer?

MR. STRANG: And she said, yes, of course, the young woman was out here to photograph a car?

MR. STRANG: My son, Jason, owns the car?

MR. STRANG: And the best that JoEllen Zipperer could do is say that Ms. Halbach -- she didn't have a name -- Ms. Halbach; right? Just the -- the female photographer?

MR. STRANG: Uh, that the female photographer may have been on the property some time between noon and 1500 hours? No precise time could be obtained from JoEllen?

MR. STRANG: Fifteen hundred hours is three p.m.?

MR. STRANG: Now, the next morning you and Detective -- or, I'm -- I'm sorry, Lieutenant Lenk go back out to see Mr. Avery again?

MR. STRANG: I -- I --

MR. STRANG: I understand, but -- and I -- I'm sorry. Sergeant Colborn had testified that he saw Mr. Avery the night of the 3rd?

MR. STRANG: So he had gone there. That's why you went to the Zipperers?

MR. STRANG: The night of the 3rd?

MR. STRANG: You go out the 4th, and that's the first time you see Steven Avery yourself?

MR. STRANG: With Lieutenant Lenk?

MR. STRANG: Uh, Mr. Avery, by comparison, was very cooperative?

MR. STRANG: Uh, you had this conversation with him in which he said, you know, she -- she was here a few minutes. Some talk. Hi, how are you doing? I paid her. She left.

MR. STRANG: He also told you that she'd been on the property several times before?

MR. STRANG: Photographing vehicles?

MR. STRANG: Consented to the search of his house?

MR. STRANG: And that's all -- that -- that's -- that's the sum -- you know, that's what happens November 4, as I understand it?

MR. STRANG: With you?

MR. STRANG: Now, November 5, Saturday, um, you -- you may have said this and I -- you know, and I didn't hear it, I apologize, but my recollection is you get out -- you actually arrive at the Avery property right about 11 in the morning?

MR. STRANG: Give or take a minute?

MR. STRANG: Something like that. Um, had you met -- Between the short discussion with Mr. Avery on the 4th and 11:00 on the 5th, had you met with Detective Jacobs, Dennis Jacobs, at anytime there? Between those two?

MR. STRANG: On shift together, but...

MR. STRANG: Okay. Now, I'm going to play you, um, part of a taped conversation from November 5. It's Exhibit 126. And it's here. And I think he's actually -- you were -- you were the one who physically gave us these CD-ROMs back in the summer?

MR. STRANG: Okay. Uh, I'm going to play part of this and, um, ask you if you recognize the voices? So I may stop it.

MR. STRANG: Okay.

MR. STRANG: (By Attorney Strang) Now, do you recognize the voices here?

MR. STRANG: 4-0-5 is Deputy Pete O'Connor?

MR. STRANG: Okay. And the dispatcher? Is this Katie?

MR. STRANG: Okay. Um, I -- I only know that because she says her name at some point, but you recognize it as Katie?

MR. STRANG: All right. Uh, Deputy O'Connor is talking about a body warrant in hand?

MR. STRANG: We just heard him say that?

MR. STRANG: Uh, a body warrant is something where you have a warrant to pick somebody up and they aren't going to be released on bail until they physically see a judge?

MR. STRANG: That's what a body warrant means?

MR. STRANG: And -- and a judge sets bail if at all?

MR. STRANG: Okay. So, typically, that might be something like a missed court appearance where there's what's called a bench warrant?

MR. STRANG: Could -- could be other reasons, but... And so what -- what's happening here is Deputy O'Connor is out at the intersection of Highway 147, Avery Road, somewhere near there?

MR. STRANG: Yeah. I mean that -- that's where you saw him when you -- or later?

MR. STRANG: Okay. And, in fact, you had told him to stop people coming in and out?

MR. STRANG: So that's what he's doing, and he's running checks on people, and he comes up with a body only warrant?

MR. STRANG: Okay. That's what it will -- sounds like is going on here?

MR. STRANG: All right. I was just going to continue playing a little more.

MR. STRANG: (By Attorney Strang) Now, I'm now 76, which is a 10 Code?

MR. STRANG: 1076?

MR. STRANG: En route to Avery road to pick up the party with the body warrant? Body only warrant?

MR. STRANG: Correct.

MR. STRANG: And that's -- were you on -- were you on the radio at about this time?

MR. STRANG: Um-hmm. Yeah, 11:00 a.m.

MR. STRANG: Okay. No, I understand. I'm not asking if you remember but --

MR. STRANG: -- this is -- this is generally familiar to you?

MR. STRANG: Okay.

MR. STRANG: (By Attorney Strang) Okay. Now, that's you; right?

MR. STRANG: Okay. You're -- you're 2-7-8?

MR. STRANG: Uh, there's this reference to being in code?

MR. STRANG: Uh, which -- which means that you're on a non-publicly monitored frequency?

MR. STRANG: Okay. Um, and what you're saying here is you're telling the dispatcher she -- she'll need to get a hold of the Crime Lab Evidence Response Team to start responding to this location?

MR. STRANG: Okay. This, by the way, is -- is a radio tape; correct?

MR. STRANG: We're listening to radio transmissions here?

MR. STRANG: And you're -- you're responding to him?

MR. STRANG: Yeah. Exactly. The portable for Schetter is a portable radio?

MR. STRANG: And deputy inspector. Okay.

MR. STRANG: And, um, he asks you, okay, other than the car, do we have anything else, and you tell him, not yet.

MR. STRANG: He's referring to the -- the Toyota is what he means by the car?

MR. STRANG: That's how you understood him?

MR. STRANG: And then he says, okay, is he in custody; right?

MR. STRANG: And you say, negative, nothing yet?

MR. STRANG: You're not asking who is in custody? Did you know who he meant by "he"?

MR. STRANG: Okay. And this is -- this is shortly after you've arrived on Saturday, November 5?

MR. STRANG: Okay. Um, I -- but this is -- this is when you're first telling the dispatcher that she's going to need to call the Crime Lab?

MR. STRANG: Right. And I'll tell you, I think that's actually very close to the time stamp --

MR. STRANG: -- on this. But somewhere in that ball park --

MR. STRANG: -- any way; right?

MR. STRANG: Because we do hear you saying you're going to need to contact the Crime Lab?

MR. STRANG: Okay. Now, track four on the, uh -- on the same exhibit, 126.

MR. STRANG: The -- the phone ringing sound at the beginning?

MR. STRANG: Okay. And do you recognize the -- the voice of the man who says he just rolled into the parking lot?

MR. STRANG: Okay. I'm going to back it up just a little bit here.

MR. STRANG: And the -- the jury should understand I'm not offering this for the truth. Just that it was said.

MR. STRANG: -- asking if Steven Avery's in custody? This is when he's rolling into the parking lot before he's called you on the -- the call we listened to first?

MR. STRANG: The day before, you're thinking Calumet County is barking up the wrong tree? And the next day, a car's been found and you two are talking about, is he in custody yet?

MR. STRANG: Okay. Now --

MR. STRANG: Negative.

MR. STRANG: I -- I -- I understand.

MR. STRANG: Okay. And -- and, indeed, I mean, when you got out to the Avery property on November 5, there were customers there?

MR. STRANG: People -- you know, customers in the pit or the salvage yard part of the business?

MR. STRANG: Uh, Earl Avery was there?

MR. STRANG: Uh, you know, this was a -- a business that was open?

MR. STRANG: Or had been until, you know, law enforcement officers closed off the -- the property?

MR. STRANG: You knew that a number of Avery family members lived on this roughly 40-acre parcel? And look, I -- you may not have known that then?

MR. STRANG: But -- but you learned, during the course of the next several days, that there were a number of family members who lived on this property?

MR. STRANG: Right. And I'm not worried now so much about November 5, but in the next several days, you came to learn that Chuck Avery lived on the -- in a trailer on the property?

MR. STRANG: Allen and Delores lived on the property?

MR. STRANG: Steven Avery's sister, Barb Janda, about whom you testified, she lived on the property?

MR. STRANG: Her four sons? Or at least three of them at the time?

MR. STRANG: Okay.

MR. STRANG: All right. But there were a number of people, other than Steven Avery, living on the property?

MR. STRANG: And your understanding was that Ms. Halbach had been there sometime on a Monday, October 31?

MR. STRANG: Or had an appointment there?

MR. STRANG: Um, Monday would have been a business day on the Avery salvage property?

MR. STRANG: Okay. But, I mean, in -- in general, Monday's a commercial -- a commercial day?

MR. STRANG: Okay. It's a business property in any event?

MR. STRANG: Little later in the morning of the 5th, you're involved in this conversation that you described about that ultimately results in the decision to turn the investigation over to the Calumet County Sheriff's Department?

MR. STRANG: This was -- Was this still a missing persons investigation not withstanding the comment -- comment about whether we have a body yet?

MR. STRANG: Um-hmm. And, indeed, um, arrangements were made at part of that conversation to appoint a special prosecutor?

MR. STRANG: In a missing persons investigation, one wouldn't ordinarily expect a prosecutor for a criminal case if somebody's just gone away for a few days and then shows up later?

MR. STRANG: If there was a criminal investigation --

MR. STRANG: -- that wouldn't be -- there would be need for a prosecutor?

MR. STRANG: And there would be a need for search warrants?

MR. STRANG: Which are used in criminal investigations?

MR. STRANG: You were part of the group that went to obtain the initial search warrant for the Avery property?

MR. STRANG: You obtained that about 3:10 in the afternoon?

MR. STRANG: You know that a search warrant is something that's obtained, in part, by a sworn statement or affidavit typically of a law enforcement officer?

MR. STRANG: You were present when the application for that search warrant was sworn out?

MR. STRANG: By Mr. Wiegert?

MR. STRANG: The search warrant application declared -- and you heard this -- under oath that you folks expected to find evidence of a homicide?

MR. STRANG: Among other potential offenses?

MR. STRANG: At the time that search warrant was sworn out before Judge Fox, what you had recovered was the Toyota?

MR. STRANG: Your testimony is that no one had even opened a door to the Toyota?

MR. STRANG: As far as you knew, the doors had not been opened?

MR. STRANG: All right. You had seen, or you and another officer had seen, a white piece of paper with something like the word or the name "Teresa" on it?

MR. STRANG: Later that evening, then, you acted on -- you and others acted on the search warrant that had been obtained at 3:10?

MR. STRANG: Two-and-a-half hours in Mr. Avery's house, roughly, give or take? Seven-thirty to ten or thereabout?

MR. STRANG: I'm sorry. I didn't mean that to be a trick question. Um, you -- you saw bedding and pillow cases eventually seized, bagged, and removed from Mr. Avery's house?

MR. STRANG: You saw no blood at all on that bedding or those pillow cases?

MR. STRANG: Mr. Lenk -- Lieutenant Lenk and others searched the bathroom?

MR. STRANG: Was it you who found in the living room at the computer desk area that -- the two documents with Teresa Halbach's cell phone number on it? On them?

MR. STRANG: Uh, I got Exhibit 198 and Exhibit 194 for you. One ninety-eight is the little notebook?

MR. STRANG: Where -- where did you find that?

MR. STRANG: But just sitting on -- on top of the desk much as it is now?

MR. STRANG: Okay.

MR. STRANG: With the cover --

MR. STRANG: -- folded? All right. And this sign, that's a "for sale" sign with writing on the back; is --

MR. STRANG: -- that right?

MR. STRANG: Where'd you find the "for sale" sign?

MR. STRANG: It was sort of a mail slot --

MR. STRANG: -- kind of thing --

MR. STRANG: -- with a number of other papers --

MR. STRANG: -- in there? So you pulled all of them out --

MR. STRANG: -- looked at them --

MR. STRANG: -- and decided that since this had Ms. Halbach's cell phone number, it may be worth taking?

MR. STRANG: Both of those things, I suppose, could have been relatively easily burned in a burn barrel, for example?

MR. STRANG: I mean, if somebody was looking to hide them or get rid of them, there were better places than lying out on top of the desk or in the mail slot in the desk?

MR. STRANG: The -- the actual page with, uh -- in Exhibit 198 with, um, Ms. Halbach's -- Ms. Halbach's, uh, telephone number, is written in two different colors of ink?

MR. STRANG: Whatever. We'll -- we'll go back to it.

MR. STRANG: The green looks to you -- to your eye like a fine point felt sort of -- or rollerball kind of ink?

MR. STRANG: And the black looks like an -- an ordinary ballpoint pen?

MR. STRANG: No way to know, then, whether there's any connection between the -- the two different things and the two different inks written on the same page?

MR. STRANG: The, uh, obvious that -- it's obvious the page isn't torn out? No tape on the page, that kind of thing?

MR. STRANG: But it's not -- it's not torn out of the --

MR. STRANG: And there's no -- as I say, no tape or other -- anything to hang it up?

MR. STRANG: The search of the garage on November 6, I think that's the first time you actually searched the garage, rather than simply sweeping through it to look for Ms. Halbach?

MR. STRANG: Uh, you folks found some empty shell casings for -- looked like .22 caliber rounds?

MR. STRANG: Uh, ten of these? Something like that?

MR. STRANG: Eleven?

MR. STRANG: On the floor?

MR. STRANG: Uh, where there are shell casings, there may be bullets?

MR. STRANG: Were you looking for bullets?

MR. STRANG: Found no bullets in the search on November 6 of the garage?

MR. STRANG: Found no bullets any other time in Steven Avery's garage anytime in November of 2005?

MR. STRANG: It was March 2, 2006, and you were present when bullets or bullet fragments were found in that garage?

MR. STRANG: I'm sorry.

MR. STRANG: I'm sorry.

MR. STRANG: What did -- did I say March 6?

MR. STRANG: Sorry. March 2, 2006?

MR. STRANG: One bullet fragment?

MR. STRANG: I think same name -- uh, same date, November 6, back to November, is when you go into the Janda trailer and you get the answering machine?

MR. STRANG: Could you tell -- and -- and I don't know, I haven't seen the machine -- but could you tell whether it appeared that those messages had been listened to before you listened to them?

MR. STRANG: And I'm not -- I'm not sure I understood what you just said. If they had been listened to, the number would be blinking?

MR. STRANG: So you're not able to say whether anyone had reviewed message No. 6?

MR. STRANG: What you do know is that -- is that the digital display suggested there were 12 messages?

MR. STRANG: Uh, you listened to all 12 of them?

MR. STRANG: Number 6 was the one that you thought had anything to do with anything?

MR. STRANG: Again, March 1 and 2 as -- as I move forward there, you were physically present both days?

MR. STRANG: Did you see Lieutenant Lenk there on site at the Avery's on either day?

MR. STRANG: Yes. March 1 and March 2.

MR. STRANG: Both days?

MR. STRANG: Sergeant Colborn?

MR. STRANG: You just don't know?

MR. STRANG: I don't know if you're able to help with this again?

MR. STRANG: If you can't, you can't. Okay? Um, 3302 Zander Road. Manitowoc County address? Any idea?

MR. STRANG: Don't know of any connection between 3302 Zander Road and Teresa Halbach?

MR. STRANG: Okay. That's all I've got. Thanks.