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Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonKenneth R. KratzRaymond L. EdelsteinMark R. FremgenKevin HeimerlDaniel KucharskiWilliam TysonJohn ErtlWilliam NewhouseKenneth OlsondirectcrossredirectrecrossDay 2 - April 17, 2007Investigators testified about searches of the trailer, vehicle, burn area, and garage. Firearms and trace-evidence examiners described their findings and limits; the court received Exhibits 132 through 140 while reserving whether jurors would see them.
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Day 2 - April 17, 2007

Searches, Firearms Comparisons, and Trace-Evidence Testimony

Judge Jerome L. Fox
21Proceedings
7Pages
6Witnesses
2,106Lines
Day 2 of 9
Appearing:
Thomas J. Fallon Kenneth R. Kratz Raymond L. Edelstein Mark R. Fremgen Kevin Heimerl Daniel Kucharski William Tyson John Ertl William Newhouse Kenneth Olson

Investigators testified about searches of the trailer, vehicle, burn area, and garage. Firearms and trace-evidence examiners described their findings and limits; the court received Exhibits 132 through 140 while reserving whether jurors would see them.

Full day summary

William Tyson described searches of Steven Avery's trailer and a later swab of Teresa Halbach's vehicle hood latch. On cross-examination, he acknowledged that officers did not change gloves after every object they touched and said he did not know how the Crime Lab had handled the vehicle before he swabbed it. Kevin Heimerl described burned electronic components and a later garage search that found two bullet items. He attributed the identification of three electronic devices to an FBI examiner, and said he had not observed the initial collection of burn-pit material. Daniel Kucharski described collecting .22-caliber shell casings from the garage, a rifle from the trailer, and a Toyota key. He said the initial garage search was general and that he had not then been told of a statement about a shooting there. John Ertl described the RAV4's transport, burn-area sifting, and garage luminol tests. A larger luminol reaction could not be confirmed as blood with phenolphthalein. Firearms examiner William Newhouse concluded that 11 casings and the bullet in Exhibit 113 were fired from the rifle marked Exhibit 129, but could not identify the damaged bullet in Exhibit 114 to that rifle or determine who fired it. Trace analyst Kenneth Olson reported lead near defects in two fragments he described as cranial bone and said a bullet could be a source. With the jury out, the court received Exhibits 132 through 140 while reserving whether any would be shown or sent to the jury.

1. William Tyson — Direct/Cross

William Tyson described the trailer search and a later hood-latch swab, then answered defense questions about evidence handling.

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Procedural
Morning Reconvening and Counsel Appearances
8 lines
Direct
William Tyson — Direct William Tyson Kenneth R. Kratz
192 lines

William Tyson described searches of Steven Avery's trailer, identified recovered items, and explained how he swabbed the hood latch of Teresa Halbach's vehicle.

Cross
William Tyson — Cross William Tyson Mark R. Fremgen
124 lines

Tyson was questioned about glove changes, items left or collected during trailer searches, bleach-bottle testing, and the limits of his RAV4 hood-latch swab.

Highlights

William Tyson — Directevidence eventTyson described personally swabbing the vehicle's hood latch and identified the labeled swab; the court then received Exhibits 79 through 94 without a defense objection.William Tyson — CrossadmissionTyson said officers did not change gloves after every object they touched and acknowledged that DNA transfer was possible in general; he did not identify a specific transfer in this search.

2. Kevin Heimerl — Direct/Cross/Redirect

Kevin Heimerl described burn-barrel evidence and a garage search, then answered questions about the limits of his observations and how the search was documented.

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Direct
Kevin Heimerl — Direct Kevin Heimerl Kenneth R. Kratz
175 lines

Kevin Heimerl described a burn barrel, the sorting of burned debris, and a garage search that located two bullet items.

Cross
Kevin Heimerl — Cross Kevin Heimerl Mark R. Fremgen
184 lines

Heimerl was questioned about burn-debris handling, garage-search documentation, the bullet fragment, and why the creeper was packaged rather than swabbed on site.

Redirect
Kevin Heimerl — Redirect Kevin Heimerl Kenneth R. Kratz
12 lines

Heimerl confirmed when officers were told about a shooting in the garage and who supplied the information.

Highlights

Kevin Heimerl — Directevidence eventUsing photographs and Exhibit 115, Heimerl relayed the FBI examiner's identification of components from a Canon camera, Motorola RAZR phone, and Palm PDA.Kevin Heimerl — Direct“Mr. Thomas was able to conclude that the components, um, depicted in the photograph, all came from the three electronic devices, which he was able to identify as a Canon A310 PowerShot digital camera, a Motorola RAZR cellular telephone, and a Palm Zire 31 PDA.”— Kevin HeimerlAttributes the three device identifications to the FBI examiner rather than to Heimerl's own analysis.Kevin Heimerl — Directevidence eventHeimerl identified a second bullet under the air compressor near marker 23 and described the related photographs and packaged Exhibit 113.Kevin Heimerl — Crosstestimony highlightHeimerl clarified that he was not present for the initial removal of burn-pit material. His later debris examination occurred after material was taken from the Avery property to the Crime Laboratory, and he did not know the on-site collection procedure.

3. Daniel Kucharski — Direct/Cross/Redirect/Recross

Deputy Daniel Kucharski testified about the garage search and collected shell casings, then answered questions about how the casings were documented and handled.

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Direct
Daniel Kucharski — Direct Daniel Kucharski Kenneth R. Kratz
183 lines

Daniel Kucharski described the garage search, shell casings, rifles, and Toyota key recovered during searches of Steven Avery's property.

Cross
Daniel Kucharski — Cross Daniel Kucharski Raymond L. Edelstein
207 lines

Edelstein questioned Kucharski about firearms, garage casings, and the documentation and forensic preservation of items collected during the searches.

Redirect
Daniel Kucharski — Redirect Daniel Kucharski Kenneth R. Kratz
17 lines

Kucharski clarified what he knew during the garage search and identified a phone message played in court.

Recross
Daniel Kucharski — Recross Daniel Kucharski Raymond L. Edelstein
4 lines

Kucharski said supervisors instructed officers to collect the .22 rifle and ammunition from the trailer on different dates.

Redirect
Daniel Kucharski — Redirect Daniel Kucharski Kenneth R. Kratz
23 lines

Kucharski confirmed Steven Avery's firearm possession status, and the court found a follow-up question leading and suggestive.

Highlights

Daniel Kucharski — Directevidence eventKucharski described recovering a Toyota key from Steven Avery's bedroom on November 8, including his use of new gloves and a new paper bag before transferring it to Special Agent Joy for the Crime Lab.

4. John Ertl — Direct/Cross

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Direct
John Ertl — Direct John Ertl Thomas J. Fallon
289 lines

Ertl described the RAV4's recovery, burned debris from a barrel and the burn pit, and the limits of garage luminol testing.

Cross
John Ertl — Cross John Ertl Mark R. Fremgen
171 lines

Fremgen questioned Ertl about limits in the RAV4 search, burn-debris collection, license-plate handling, and garage luminol testing.

Highlights

John Ertl — Directtestimony highlightErtl said multiple garage spots reacted to luminol, but only one tested positive with phenolphthalein; the larger diffuse reaction behind the lawnmower could not be confirmed as blood by that test.John Ertl — Direct“We marked off the area in chalk and we saw the -- the luminescence. Then, later, we went back with the -- and swabbed it, tried to confirm the presence of blood with phenolphthalein, and we could not.”— John ErtlHe distinguished the larger luminol reaction from a confirmed blood finding.

5. William Newhouse — Direct/Cross/Redirect/Recross

Firearms examiner William Newhouse identified 11 casings and one bullet as fired from Exhibit 129, but could not identify a second, damaged bullet as coming from that rifle or determine who fired it.

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Direct
William Newhouse — Direct William Newhouse Thomas J. Fallon
142 lines

Newhouse attributed 11 cartridge casings and one bullet to a Marlin rifle but could not identify that rifle as the source of a second, damaged bullet.

Cross
William Newhouse — Cross William Newhouse Raymond L. Edelstein
86 lines

Newhouse defended his identification of bullet FL with the examined rifle while acknowledging limits on ammunition comparisons, bullet FK, and identifying who fired the rifle.

Redirect
William Newhouse — Redirect William Newhouse Thomas J. Fallon
7 lines

Newhouse said Item FK could have come from the examined weapon, but he could not identify it as the source with certainty.

Recross
William Newhouse — Recross William Newhouse Raymond L. Edelstein
11 lines

Newhouse could not say whether Item FK was just as likely not fired from the examined gun.

Highlights

William Newhouse — Directtestimony highlightAfter describing his test-firing procedure, Newhouse concluded that all 11 cartridge casings in Exhibit 128 had been fired in the rifle marked Exhibit 129.William Newhouse — Directtestimony highlightNewhouse said the damage to Exhibit 114 left class characteristics but not the microscopic markings needed to identify a particular rifle.William Newhouse — Directtestimony highlightNewhouse identified Exhibit 113 as fired from the Marlin rifle, explaining that its microscopic markings matched his test-fired bullets.

6. Kenneth Olson — Direct/Cross/Redirect

Kenneth Olson testified on Day 2 about lead near defects in charred cranial fragments and materials found on a headboard. Cross-examination addressed a possible alternative source of lead and whether the headboard fibers were consistent with rope.

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Direct
Kenneth Olson — Direct Kenneth Olson Thomas J. Fallon
174 lines

Olson reported lead near defects in two charred cranial fragments, said a bullet could be its source, and described the limits of his burned-electronics examination.

Cross
Kenneth Olson — Cross Kenneth Olson Mark R. Fremgen
68 lines

Olson addressed a possible alternative source for lead on a bone fragment and said fibers found on a headboard were not consistent with rope.

Redirect
Kenneth Olson — Redirect Kenneth Olson Thomas J. Fallon
14 lines

Olson explained the absence of rope fibers on a smooth headboard and identified a polypropylene film on one spindle.

Highlights

Kenneth Olson — Directtestimony highlightOlson reported traces of lead near the defect in Item EJ, none in the control areas he examined, and said a bullet could be a source; he also described the defect as consistent with a high-speed projectile.

7. Objections and Ruling on Exhibits 132–140

With the jurors out near the close of Day 2, the court received Exhibits 132–140 after Fremgen objected to two witnesses’ curricula vitae. It reserved what would be shown or sent to the jury before adjourning.

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Procedural
Objections and Ruling on Exhibits 132–140
15 lines

The court received Exhibits 132–140 but reserved whether any would be shown to or sent back to the jury.

Highlights

Objections and Ruling on Exhibits 132–140rulingThe court received Exhibits 132–140 while reserving what, if anything, would be published to or sent back to the jury.Objections and Ruling on Exhibits 132–140“I will receive all of them subject to, uh, the reservation of -- of hearing what gets published or what goes back, if anything, to the jury.”— Jerome L. FoxCaptures the distinction between receiving the exhibits and deciding whether jurors may see them.
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