3.Gary Steier — Direct/Cross
187 linesCOURT CLERK: Raise your right hand.
SPECIAL INVESTIGATOR GARY STEIER, 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.
GARY STEIER: Gary Steier, S-t-e-i-e-r.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Steier, how are you employed?
GARY STEIER: I'm a special investigator with the Calumet County Sheriff's Department.
MR. KRATZ: Do you also have special responsibilities with a multi-jurisdictional organization?
GARY STEIER: Yes, I do.
MR. KRATZ: Could you describe that just briefly, please.
GARY STEIER: I'm assigned to the four county drug unit, Lake Winnebago Drug Unit.
MR. KRATZ: With Calumet County, what are your responsibilities?
GARY STEIER: Special investigator position is 50 percent investigations, 50 percent Lake Winnebago Area Metropolitan Enforcement Drug Group Unit. Investigations into the four counties around Lake Winnebago, as far as drug investigations and then 50 percent other investigations partaining (sic) into Calumet County.
MR. KRATZ: Mr. Steier, in your general investigative responsibilities, were you asked, on November 5th of 2005, to proceed to the Avery Salvage Yard?
GARY STEIER: Yes, I was.
MR. KRATZ: And that first evening, that is, on the 5th of November, did you actively participate in the first search, what we have come to know as a sweep of several residences on the property?
GARY STEIER: Yes.
MR. KRATZ: Can you describe that just briefly for us, please.
GARY STEIER: Myself and Detective Remiker were assigned to execute the search warrant on Steven Avery's property, specifically looking for Teresa Halbach. I believe we were the two investigators that entered the residence and did an initial sweep looking for Teresa Halbach.
MR. KRATZ: As I understand, Investigator Steier, that through the rest of that week, that is, between the 5th and the 12th of November, you were actively involved in other search as well as investigative efforts in this case?
GARY STEIER: Yes.
MR. KRATZ: In fact, Investigator Steier, after the completion of that first weeks worth of investigation, you continued to be asked to perform investigative functions in this case; is that true?
GARY STEIER: Yes.
MR. KRATZ: I will now direct your attention to March 1st and 2nd of 2006, ask if you were once again asked to participate or cooperate in investigative efforts.
GARY STEIER: Yes.
MR. KRATZ: Could you tell the jury, on March 1st and 2nd, what you were asked to do.
GARY STEIER: On March 1st and 2nd, I was asked to be the evidence custodian for the search warrant, when it was executed; more particularly, to the garage of the residence of Steven Avery.
MR. KRATZ: Directing your attention, first, to March 1st, what were your responsibilities in searching Steven Avery's garage?
GARY STEIER: My responsibilities were to collect -- or make sure that the evidence collected in the garage was packaged; had a officer who discovered the -- or who had collected the items and had dated that, a date and time that that item was collected; and that all the evidence was taken out of the garage; and made sure that the chain of custody was intact.
MR. KRATZ: Do you know a agent with the Division of Criminal Investigation named Kevin Heimerl?
GARY STEIER: Yes.
MR. KRATZ: Was he also involved in both search and collection efforts on March 1st and 2nd?
GARY STEIER: Yes, he was.
MR. KRATZ: On March 1st, Investigator Steier, upon a search of the garage of Steven Avery, was any particular item of interest located?
GARY STEIER: There were several items that were collected that were of interest. Two of the items were bullet fragments collected inside the garage.
MR. KRATZ: These are the bullet fragments that I'm going to ask you, at least for the next several questions, direct your attention on March 1st, that is, the first day of a two day search project or procedure. Could you tell us how that fragment was located and what you personally did after that fragment was located.
GARY STEIER: Day 1 of the search warrant, a bullet fragment was located. The item was located by Agent Heimerl and was collected by myself. Day 2 of the search warrant, a second bullet fragment was also located by Agent Heimerl and was collected by Detective Remiker.
MR. BUTING: Judge, just so the record is clear, as to the actions of Agent Heimerl, he's going to be testifying. It would be hearsay, that's why I'm not objecting, because he is coming.
THE COURT: All right. Thank you.
MR. KRATZ: He will be our next witness. And thank you, counsel.
MR. KRATZ: (By Attorney Kratz)~ I'm showing you what has been marked for identification as Exhibit No. 276 and 277, are you able to identify or recognize those exhibits?
GARY STEIER: Yes, the exhibit with the plastic bag with initials GS was collected by myself.
MR. KRATZ: That's 276?
GARY STEIER: That's correct.
MR. KRATZ: And was that found on the first day or the second day?
GARY STEIER: It was found on March 1st.
MR. KRATZ: Okay. Do you remember, generally, within the garage, where that bullet fragment was located?
GARY STEIER: Would be in the northwest corner of the garage.
MR. KRATZ: I'm going to show you, Investigator, what has been previously received as Exhibit No. 108, ask if this computer diagram assists you in describing to the jury where this bullet fragment was found?
GARY STEIER: The evidence photograph marker No. 9.
MR. KRATZ: As far as the collection, packaging, and then taking control of that first bullet fragment, could you explain once again, for the jury, who it was that found the fragment, which I'm sure we'll hear about, but, then, who both packaged and took control of?
GARY STEIER: The bullet fragment, Exhibit 276, in the paper bag, was located by Agent Heimerl and collected by myself. All the photography, photographs inside the trailer, were done by Agent Heimerl.
MR. KRATZ: You mean inside the garage?
GARY STEIER: I'm sorry, inside the garage, yes.
MR. KRATZ: Just so the jury knows, there was another search going on inside of Mr. Avery's trailer at the same time; is that right?
GARY STEIER: That's correct. We were divided into teams, a team of five. We were assigned the garage and a diff -- another team was assigned inside the trailer at the same time.
MR. KRATZ: Okay. Now, the next day, that is, on March 2nd, directing your attention to Exhibit No. 277, where was that found?
GARY STEIER: That would have been located on the evidence photograph, tent marker 23A.
MR. KRATZ: After it's detection, again, which we're going to hear about in just a couple minutes, what happened with that bullet fragment?
GARY STEIER: The bullet was turned over to me, from Detective Remiker.
MR. KRATZ: After taking custody, I understand on two separate days, but of each of these items of evidence, could you describe for the jury what was done with them; what happened after you retained possession of them?
GARY STEIER: The items were packaged or were collected in a package and turned over to me and then evidence tape surrounding the package was placed on the item collected. And then from there, the items were transported to a trailer, which was housing the other items that were collected from the same.
MR. KRATZ: I think it's 125, Mr. Fallon.
MR. KRATZ: (By Attorney Kratz)~ Finally, Investigator Steier, were you familiar with a log, that is, a check in and check out procedure or document that was being utilized on those days?
GARY STEIER: I was aware that there was a log being taken of our entry and exit times in and out of the garage and the surrounding area.
MR. KRATZ: Now, the garage and the surrounding area, are those the same logs or the same kind of place?
GARY STEIER: Day 1, the log reflected inside the trailer -- inside -- I'm sorry, inside the garage. Day 2, reflected the garage and the evidence tape, which was just outside the garage.
MR. KRATZ: All right. Either on March 1st or March 2nd, had you witnessed either Lieutenant James Lenk or Sergeant Andrew Colborn, come inside of the garage itself?
GARY STEIER: No.
MR. KRATZ: If either Lieutenant Lenk or Sergeant Colborn had come inside of the garage, is that something that you would have noticed?
GARY STEIER: Probably, it was only five or six of us inside the garage at that time.
MR. KRATZ: All right. And, Mr. Fallon, as soon as he finds it, is going to show you the actual log.
MR. KRATZ: Is it 125, counsel; is that the right log?
MR. FALLON: There's three possibilities, counsel, 125, 147 and 146.
MR. KRATZ: Perhaps Mr. Buting can ...
MR. KRATZ: (By Attorney Kratz)~ We're going to show you what has been marked as Exhibit 146 and 147. First of all, I will ask if you recognize those documents?
GARY STEIER: I have not seen these particular documents, no.
MR. KRATZ: Well, then, what I'm going to do is go by your independent recollection. Do you know if Lieutenant Lenk had, on either day, come inside of the outer perimeter, that is, the outer check in area?
GARY STEIER: To answer your question, the Day 1, no Lieutenant Lenk did not enter the garage area. I believe these records are for the trailer not for the garage.
MR. KRATZ: All right. But what I'm asking, though, is do you know if, on either day, Lieutenant Lenk entered the -- what would be the outer perimeter, not the garage itself, but was he in the general vicinity of those search efforts?
GARY STEIER: Yes. On Day 2, he was near the tape line of the evidence, but not inside the garage.
MR. KRATZ: All right. And I guess that's the point that I'm asking you. Although inside of the -- where the general public couldn't get, he wasn't in the garage itself; is that your testimony?
GARY STEIER: Yes.
MR. KRATZ: At any time, Investigator Steier, did you see Lieutenant Lenk provide any other officer who may have come into the garage with any kind of evidence or anything to secrete, or to plant, or to hide in there?
GARY STEIER: No.
MR. KRATZ: My last question is, if that would have happened, is that something that you would have seen?
GARY STEIER: I probably would have noticed something unusual, but to answer the question, I don't know if I would have actually been able to determine that.
MR. KRATZ: We have now found Exhibit No. 125, which, in fact, is that outer perimeter log. Is that something that you do recognize?
GARY STEIER: Yes.
MR. KRATZ: And you notice Lieutenant Lenk's name on that outer perimeter log; is that correct? It's on page one.
GARY STEIER: Yes.
MR. KRATZ: All right.
GARY STEIER: For March 2nd.
MR. KRATZ: And recognizing, Judge, that we are going to hear about the discovery and photography of Exhibits No. 276 and 77, I still will, at this time, move their admission.
THE COURT: Any objection?
MR. BUTING: No.
THE COURT: All right. Those exhibits are admitted.
MR. KRATZ: That's all I have of this witness. Thank you, Judge.
THE COURT: All right. You are excused, sir.
MR. BUTING: No.
THE COURT: Oh, sorry, jumping the gun.
MR. BUTING: Not so fast.
THE COURT: Okay.
MR. BUTING: Okay.
CROSS-EXAMINATION BY ATTORNEY BUTING:
MR. BUTING: I'm sorry, is it detective or investigator?
GARY STEIER: Investigator.
MR. BUTING: Okay. Investigator Steier, your involvement, you had some involvement in this case, back in November, November of '05?
GARY STEIER: Yes.
MR. BUTING: During that week when it first started, right?
GARY STEIER: Yes.
MR. BUTING: And you work for Calumet Sheriff's Department, right?
GARY STEIER: Yes.
MR. BUTING: And I'm sure that you were aware that on the very, very first day, November 5th of 2005, the Manitowoc County Sheriff's Department had decided to turn over this investigation to Calumet, right?
GARY STEIER: That's correct.
MR. BUTING: Because of this possible conflict of interest over the fact that Mr. Avery, here, was suing Manitowoc County, right?
GARY STEIER: That's correct.
MR. BUTING: And, then, after the property was held for that week, November 5th to the 12th, Manitowoc didn't really have much else to do in this case investigation, to your knowledge, did they, initially?
GARY STEIER: After that, no, not that I believe so.
MR. BUTING: So, it was primarily Calumet, represented by Mr. Wiegert, who's not here at the moment, and DCI, led by Mr. Fassbender who were running the investigation of the case, as far as you knew?
GARY STEIER: Yes.
MR. BUTING: Okay. So four months go by, and now we're up to March 1st, 4 months when Manitowoc County had really had nothing to do with this case; would that be fair?
GARY STEIER: Yes.
MR. BUTING: Suddenly there's another search warrant at Mr. Avery's trailer and garage and we see Manitowoc back in the case; isn't that right?
GARY STEIER: As far as I know, yes.
MR. BUTING: You have all the logs up there with you or just one?
GARY STEIER: I just have the second, I believe.
MR. BUTING: Okay. Let me have that one, please.
MR. BUTING: (By Attorney Buting)~ Now, the first day, this was actually sort of a two day search of those properties, right, 1st and 2nd?
GARY STEIER: Yes, that's correct.
MR. BUTING: And somebody with your department maintained overall security of that scene, during that time?
GARY STEIER: Yes.
MR. BUTING: 24 hours?
GARY STEIER: Mm-hmm.
MR. BUTING: Sorry, we're talking over each other here. And those people who maintained security of the scene, do you know whether they were Manitowoc or Calumet?
GARY STEIER: They were Calumet.
MR. BUTING: All right. And they were maintaining a log of people who would come and go from the property during this two day search, right?
GARY STEIER: Yes.
MR. BUTING: And that's what Exhibit 147 is, if you would take a look at that. It appears to be a log that was being kept by one of your colleagues, of everybody that came and went, right?
GARY STEIER: Yes.
MR. BUTING: Okay. And do you see Detective Lenk's name? To make it easier for you, direct your attention to the bottom of the page, Lieutenant Lenk, I believe that ...
GARY STEIER: Yes, I do.
MR. BUTING: It shows Lieutenant Lenk arriving at 1810, right?
GARY STEIER: That's correct.
MR. BUTING: And there does not appear to be a similar log like this other one that's Exhibit 125, that's dated March 2nd; have you seen one like this for March 1st?
GARY STEIER: Yes, there is a --
MR. BUTING: Okay.
GARY STEIER: -- log like this for March 1st.
MR. BUTING: Okay. So maybe we just haven't found it. Exhibit 125 is a different kind of a log; it's more specific to location on that property, would that be fair?
GARY STEIER: Yes.
MR. BUTING: It specifically says garage and roped off -- roped off area or something, right?
GARY STEIER: Yes.
MR. BUTING: And do you see Lieutenant Lenk's name on that?
GARY STEIER: Yes.
MR. BUTING: Do you actually remember him being there?
GARY STEIER: I do.
MR. BUTING: Do you remember him passing out food and drinks? Yes or no?
GARY STEIER: No.
MR. BUTING: He wouldn't do that, he's a lieutenant, right?
GARY STEIER: He may have been passing out food or drinks, I just can't recall at this time.
MR. BUTING: Okay. Do you know who asked Manitowoc County to rejoin this investigation on March 1st and 2nd?
MR. KRATZ: Objection, irrelevant, Judge.
THE COURT: Mr. Buting.
MR. BUTING: I think it's directly relevant; it's been a central part of this case.
MR. KRATZ: Is there still a conflict on March 1st and 2nd, that's my objection, your Honor.
THE COURT: Well, he can ask him if he knows. I will allow it.
MR. BUTING: Do you know?
GARY STEIER: Could you repeat the question?
MR. BUTING: You may not know, that's fine. But I'm just asking if you know who asked -- Well, let me ask you this, who asked you to come and be the evidence custodian?
GARY STEIER: Investigator Mark Wiegert.
MR. BUTING: Okay. Do you know whether Mr. Wiegert or Mr. Fassbender invited Manitowoc County back into this investigation, so that they would be at the scene of this search of Mr. Avery's trailer and garage on March 1st and 2nd?
GARY STEIER: Do I know that they asked Manitowoc County?
MR. BUTING: Do you know who asked them?
GARY STEIER: Do I know who specifically, no.
MR. BUTING: Okay. But Mr. Wiegert and Mr. Fassbender, as far as you know, were the leaders of the investigation, still at that time?
GARY STEIER: That's correct.
MR. BUTING: And Mr. Kratz asked if you were -- if you noted Sergeant Colborn or Lieutenant Lenk in the garage area itself. You didn't at that time have any particular concern about the fairness or objectivity of either of those two officers, did you?
GARY STEIER: No, I did not.
MR. BUTING: As of March 1st and 2nd, you didn't know, or did you, that Lieutenant Lenk had been deposed as a witness in the Avery lawsuit?
GARY STEIER: No, I did not know that at that time.
MR. BUTING: So there was nothing about those two officers that would have put you on guard, or to watch out, make sure they don't do something like plant evidence, right?
GARY STEIER: That's correct.
MR. BUTING: That's all I have of this witness, thank you.
THE COURT: Mr. Kratz, any redirect?
MR. KRATZ: Not of this witness, Judge.
THE COURT: All right. Very well, the witness is now excused. Mr. Kratz, you may call your next witness.
MR. KRATZ: Thank you, Judge. And just for the record, we're not asking for any special indulgence from this point forward from the media and I will call Mr. Kevin Heimerl to the stand.
THE COURT: Thank you.