2.Kevin Heimerl — Direct/Cross/Redirect
371 linesMR. KRATZ: State would call Agent Kevin Heimerl to the stand.
COURT CLERK: Please raise your right hand.
KEVIN HEIMERL, 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.
KEVIN HEIMERL: Kevin Heimerl, H-e-i-m-e-r-l.
DIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Good morning, Mr. Heimerl. Could you tell the jury, please, how you're employed?
KEVIN HEIMERL: I'm employed with the Wisconsin Department of Justice, Division of Criminal Investigation.
MR. KRATZ: And what are your duties with the Department of Justice?
KEVIN HEIMERL: I'm assigned to the Arson Bureau. It's -- My primary assignment is to investigate fires. Um, but my duties also include assisting other bureaus within our agency in other types of investigations.
MR. KRATZ: In that second regard, that is, assisting other agencies, were you asked on, um, November 5 and, uh, times after November 5, 2005 to assist in the investigation surrounding the death of Teresa Halbach?
KEVIN HEIMERL: Yes, I was.
MR. KRATZ: Tell the jury, please, how you first became
involved in this investigation?
KEVIN HEIMERL: On, uh, Sunday, I believe it was November 6, I was contacted at my residence, um, by Special Agent Fassbender, I believe, and was asked to respond to Manitowoc County to assist with the investigation, which I did. And I arrived in the early morning hours.
MR. KRATZ: How was it that you first assisted in the investigation?
KEVIN HEIMERL: I responded to the command post on Avery Road, uh, and met with Special Agent Fassbender, and Investigator Wiegert, and other investigators. Uh, received a briefing, um, as to what information had been obtained at that point, what some of the goals of the investigation were, and some of the activities that were taking place at the scene. I was then -- My initial assignment was to respond into the city of Manitowoc to conduct an interview with a citizen.
MR. KRATZ: Agent Heimerl, of the seven or eight days of that, officers were involved in the, uh, search of -- at least the initial search of the Avery salvage property, how many of those days were you involved in those efforts?
KEVIN HEIMERL: I was involved in the, uh, initial investigation at
the scene for approximately the first week. Um, the
majority of my time was spent conducting a neighborhood canvass, uh, of the area.
MR. KRATZ: What is a neighborhood canvass?
KEVIN HEIMERL: A neighborhood canvass is simply, um, going out and trying to make personal face to face contact with all individuals that reside in the immediate vicinity of the crime, um, or people that may work at businesses or locations in the immediate vicinity, um, and interviewing them and asking them if they have made any observations, seen or heard anything that they feel, or that investigators feel, may be somehow related to the investigation.
MR. KRATZ: Directing your attention, then, to, um, the 7th, that would be Monday, the 7th of November, were you involved in, and did you participate in, search efforts of the Avery salvage property?
KEVIN HEIMERL: Yes. I was assigned to, um, assist with the recovery of some evidence.
MR. KRATZ: Describe for the -- Well, I'm going to have you look at, uh, a photograph, Exhibit No. 95. Tell the jury what it is that Exhibit No. 95 is?
KEVIN HEIMERL: It's a photograph of a steel burn barrel. It was found in the, uh, front yard area of Steven Avery's residence.
MR. KRATZ: And could you tell me where the burn barrel was
KEVIN HEIMERL: The gravel driveway that you, um, see in the background behind the barrel, uh, is the access roadway, or a driveway to provide access to Steven Avery's trailer and his detached garage. This barrel is north of that driveway, um, and Steven Avery's trailer and garage are south of the driveway and to the right of the barrel as you're looking at the photograph.
MR. KRATZ: Before you're completed, uh, Agent Heimerl, we'll look at some, um, computer-generated images. But as long as we're on, uh, this photo, uh, could you tell us, uh, what it is that we're looking at and what's located outside of, uh, this particular barrel? You might have a laser pointer up there if that's going to help you.
KEVIN HEIMERL: Is it most convenient if I use the pointer?
MR. KRATZ: I think -- Yeah.
KEVIN HEIMERL: Uh, to the right of the barrel is, uh, a steel rim from a motor vehicle tire or wheel.
MR. KRATZ: Did you have occasion, after, um, this particular burn barrel was turned over for your processing, to view the interior of the barrel?
KEVIN HEIMERL: Yes, I did.
MR. KRATZ: Okay. I'm going to show you what's been marked
as Exhibit No. 96. Tell us what, uh, we're looking at, please?
KEVIN HEIMERL: It's a photograph of the interior of the barrel, un, obviously looking down through the open top of it, um, and burned debris and so forth inside the barrel.
MR. KRATZ: Now, when you looked into the interior of the burn barrel, uh, just through your training and experience as a law enforcement officer, and especially with your arson, um, training and experience, were you able to, uh, make any conclusions or identifications at that time?
KEVIN HEIMERL: When I looked into the barrel, um, and without disturbing anything, I -- it was a -- apparent that, um, all of the material in the barrel had been involved in a fire. That a fired had occurred in the barrel. Um, but I did recognize, um, non-combustible items, metal objects, and what appeared to be possibly glass objects inside the barrel within this debris.
In particular, um, I observed one item that appeared to be, um, a panel or a cover for a Motorola electronic device.
MR. KRATZ: After making these observations, uh, Agent Heimerl, what did you do?
KEVIN HEIMERL: I fully documented, uh, this scene through photographs, um, and, ultimately, the barrel and its contents were turned over to the custody of evidence technicians that were assisting with the investigation.
MR. KRATZ: Um, sometime later, that is, uh, sometime after the 7th of November, were you involved in further processing of this barrel? Or was, in fact, that, um, assignment given to somebody else?
KEVIN HEIMERL: Uh, that assignment was given to others, um, besides myself. I was not involved in that process.
MR. KRATZ: You are familiar, are you not, with the processing of the barrel and what was found inside of it?
KEVIN HEIMERL: Yes, I am.
MR. KRATZ: I'm going to have you look at Exhibit No. 97. Show that to the jury. Tell us what it is that we're looking at, please?
KEVIN HEIMERL: This is a photograph of, uh, components for three electronic devices that were ultimately recovered from that burn barrel, um, either by, uh, Crime Lab analysts with the Wisconsin State Crime Lab, or, um, the Federal Bureau of Investigation.
MR. KRATZ: So these items were examined by, not only our State Crime Lab, but also were sent to Virginia to the FBI; is that right?
KEVIN HEIMERL: That's my understanding, yes.
MR. KRATZ: And Exhibit No. 97 is the totality, that is, all of the, uh, electronics as laid out on a table from your understanding; is that right?
KEVIN HEIMERL: That's correct.
MR. KRATZ: I'm going to jump ahead, uh, just a minute and hand you what's been marked as Exhibit No. 115. Tell us what Exhibit No. 115 is, please?
KEVIN HEIMERL: This is a report, a two-page report, of examination completed by, uh, Mr. Curtis Thomas of the Federal Bureau of Investigation's laboratory. He is ina unit assigned to the Cryptographic and Electronic Analysis.
MR. KRATZ: All right. Do you know what that means?
KEVIN HEIMERL: Well, from the title, I, uh, can surmise that it involves the analysis of electronic devices and, uh, other things.
MR. KRATZ: All right.
KEVIN HEIMERL: That's not my specialty.
MR. KRATZ: In that regard, though, and, um, in, uh, your review of Exhibit No. 115, the FBI report, was Mr. Thomas able to positively identify these electronic components that are, um, uh, shown in the photograph in Exhibit No. 97?
KEVIN HEIMERL: Yes, he was.
MR. KRATZ: Uh, we'll talk about the individual, um, uh, findings through some other photos, but, uh, if you could tell the jury, uh, what Mr. Thomas' findings were?
KEVIN HEIMERL: 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.
MR. KRATZ: Let's go through those, uh, one at a time then. I'm going to show you Exhibit No. 98. Tell us what we're looking at, please?
KEVIN HEIMERL: This is a closer photograph of one of those components, which happens to be the front cover plate for a Motorola cellular telephone.
MR. KRATZ: And just so the jury understands, these are close-up photographs of the items that were recovered, processed, and eventually identified from that burn barrel outside of Mr. Avery's, uh, trailer; is that correct?
KEVIN HEIMERL: That is correct.
MR. KRATZ: Uh, the FBI was able to compare some of these components to what a new, or a, uh, identical model Motorola V3 RAZR phone looked like? Is that your understanding?
KEVIN HEIMERL: Yes.
MR. KRATZ: I show you what's been received -- excuse me -- marked as Exhibit No., um, 99. Tell us what that is, please?
KEVIN HEIMERL: This is a photograph of two components. The one on the left being the same component we saw in the previous exhibit, the front cover plate for that Motorola RAZR cellular telephone, and it's next to an exemplar telephone of the same, uh, brand and model.
MR. KRATZ: All right. Basically, to show the jury where that component comes from on a, uh, a-- a non-damaged or non-burned phone; is that right?
KEVIN HEIMERL: Correct.
MR. KRATZ: Exhibit 100?
KEVIN HEIMERL: Again, this is another comparison photograph, um, of the damaged component that was recovered from the burn barrel next to an exemplar of the Motorola RAZR phone.
MR. KRATZ: These were -- To your understanding, they're prepared by the FBI; is that right?
KEVIN HEIMERL: Correct.
MR. KRATZ: And, finally, uh, Exhibit No. 101?
KEVIN HEIMERL: Again, this is a demon -- a demonstration photo with the, uh, component on the left being the fire
damaged, um, keypad plate, if you will, for the corresponding, um, Motorola cellular phone. Again, the object on the left was recovered from the burn barrel.
MR. KRATZ: This same process, that is, the identification process, occurred with the, um, camera that was recovered from Mr. Avery's burn barrel? That is, the Canon, uh, PowerShot A310? I think you testified to that. But I'm going to show you Exhibit No. 102. Tell us what we're looking at, please?
KEVIN HEIMERL: That is a photograph of one of the components for that Canon A310 PowerShot digital camera, and, uh, the etched or, um, embossed wording, uh, is visible and ides -- identifies it as a PowerShot A310.
MR. KRATZ: As I zoom in, you probably don't have to be an expert to do this, but you can see it says PowerShot A310; is that right?
KEVIN HEIMERL: That's correct.
MR. KRATZ: Agent Heimerl, throughout the, um, search of this property, um, and throughout, uh, the investigation, were you asked on occasion to assist in post-recovery analysis? That is, analysis of items that had been recovered from the avery property?
KEVIN HEIMERL: Yes, I was.
MR. KRATZ: Specifically, the -- what's been, um, referred to as the burn area or the burn pit behind Mr. Avery's garage, were you at some point asked to assist in the sorting or sifting process, uh, of those items?
KEVIN HEIMERL: Yes, I was.
MR. KRATZ: Could you describe that process for the jury, please?
KEVIN HEIMERL: During the initial week of the on-scene investigation, other investigators recovered a large amount of burned debris and material from locations on the Avery property. Specifically, um, a large burn pit or burn area directly behind Steven Avery's residence, um, and, it's my understanding, as well as other areas where burned debris had been found.
Um, in addition to that, several burn barrels, to include the one from the front yard of Steven Avery's residence, were recovered from the scene, and removed from the scene, and all of this material was initially taken to the Calumet County Sheriff's Department.
Subsequent to that, the burned debris and material, um, underwent a very detailed examination to attempt to recover any other potential evidence-from-that material.
MR. KRATZ: What kind of evidence was, uh, law enforcement looking for at that time?
KEVIN HEIMERL: We, myself and other investigators, were looking for, number one, any, um, items that we readily recognized or believed could be human remains. Uh, other materials that we felt may have, um, been related to clothing or electronic devices. Um, we were looking for potential weapons, um, bullet fragments, bullet casings, any items that we felt may be relevant to the death of Teresa Halbach.
MR. KRATZ: This process, this sifting and sorting process, um, I'm just going to show you Exhibit, uh, No. 103. First of all, tell us what it is that we're looking at?
KEVIN HEIMERL: This is a photograph that was taken in the basement of the Wisconsin State Crime Lab in Madison.
MR. KRATZ: And what, uh -- what does it depict? And if you need to use the laser pointer, go ahead.
KEVIN HEIMERL: This de -- depicts, um, basically, the process or the system, um, that we implemented to begin examining - this debris. And this examination occurred over the course of four days. The first two days in Madison at this location, and the following two days in April of 2006 at the Sheriff's Department in Calumet
And, uh, what we had, um -- The -- the individuals in this photograph include Investigator Wiegert, myself, Special Agent Pevytoe, and, I believe, uh, the individual in the back may be, uh, Special Agent Holmes or Special Agent Sielehr with DCI, but on this occasion in Madison what we did was we happened to utilize, um, sections of scaffolding, that happened to be in the basement, because of certain rem -- remodeling that was occurring, and they proved to be very suitable for our process.
We would raise the scaffold planking or table, if you will, to approximately waist to chet -- chest height, so it made it, uh, more conducive to standing and working, um, in close eyesight. They were covered with tarps. We had supplemental lighting.
And the process included bringing a small quantity of debris onto the table in front of you, and utilizing a variety of tools or instruments, such as wooden skewers, or wooden picks, um, maybe putty knives or brushes. We would very thinly and finely layer out the -- the debris, and this debris includes soil, um, and sand, and burned ash and non-burned, or, um, burned non-combustible items.
We would layer it out and sift it, if -- if you will, but not with sifting screens, but, visually, examine it very closely and pick out items that we felt may be human remains, bone material, uh, potentially dental remains, and other non-cumbustible items, metal items that were left behind in attempt to determine what they were, and if they were relevant to what we were looking for.
MR. KRATZ: Do you know an individual by the name of Dr. Leslie Eisenberg?
KEVIN HEIMERL: Yes, I do.
MR. KRATZ: Who is that?
KEVIN HEIMERL: Dr. Eisenberg is a forensic anthropologist with the state of Wisconsin.
MR. KRATZ: Is Dr. Eisenberg involved in this process?
KEVIN HEIMERL: Yes, she was.
MR. KRATZ: Could you describe -- and we'll hear from Dr. Eisenberg later this week -- but can you describe how she may have been involved in overseeing this process with law enforcement?
KEVIN HEIMERL: She was present with us on the first day in December
of 2005 in Madison at the Crime Laboratory, and was
involved in, uh, the planning, if you will, and the im -- implementation of this process and assisted alongside of us in going through the same procedure.
Um, and if an investigator were to recover an item that they felt was potentially, uh, bone fragments, she was there and available to make a better determination if it was or if it was not.
MR. KRATZ: You talked about, uh, bone and other items of evidentiary value. Did those include any metal items?
KEVIN HEIMERL: Yes.
MR. KRATZ: And could you describe that for the jury, please?
KEVIN HEIMERL: There were numerous metal items that were found among this debris, and that included, uh, ammunition casings, um, miscellaneous items of steel, um, steel belting from tires. Um, in particular, I recall there was a zipper pull recovered. There were clothing rivets recovered. Batteries. Um, quite a wide variety of materials.
MR. KRATZ: The clothing rivets, uh, specifically -- I'm going to show you Exhibit No. 104. Ask you to tell the jury what it is that we're looking at?
KEVIN HEIMERL: This is a close-up photograph of a clothing rivet, which is identified, um, through stamping on the head of the rivet with the name Daisy Fuentes.
MR. KRATZ: Were you involved in the recovery of any of these Daisy Fuentes clothing rivets from, uh, this sifting process?
KEVIN HEIMERL: Yes, I was.
MR. KRATZ: Are you aware of how many Daisy Fuentes rivets were recovered throughout the entire process?
KEVIN HEIMERL: There were five of these same rivets recovered.
MR. KRATZ: I'm going to have Mr. Wiegert show you, uh, just as an example, what's been marked as Exhibit No. 112. Ask you to tell the jury what that is, please?
KEVIN HEIMERL: This is one of those rivets, as identified in this photograph, that was recovered from that burned debris.
MR. KRATZ: Repackage it. Thank you. Mr., uh -- Or Agent Heimerl, on March 1 of 2006, were you made aware of the application and receipt of a search warrant for not only the residence, but the garage of Steven Avery?
KEVIN HEIMERL: Yes, I was.
MR. KRATZ: Tell the jury how, if at all, you were involved in the execution of that search warrant?
KEVIN HEIMERL: On the afternoon of March 1, or in the morning hours, I was contacted by Special Agent Fassbender, and
informed that additional information had been gathered or gained through the ongoing investigation, uh, which included statements from Brendan Dassey, and as a result of those statements, investigators, um, sought and received a search warrant to return to Steven Avery's residence and garage to look for and potentially collect any additional evidence that investigators felt may be present as a result of this new information.
MR. KRATZ: Could you first describe for the jury an overview of the garage? What was it that you saw upon your arrival on the lst of March? And, by the, way, this was, uh, later -- uh, later on? Early evening? That is, after Mr. Dassey made his statement? Is that your understanding?
KEVIN HEIMERL: That's correct. Uh, investigators arrived at the property in the late afternoon hours. I believe approximately 4 to 4:30 p.m. Um, the investigators were divided into two separate teams, if you will.
Uh, one team was responsible for conducting the search of Steven Avery's residence. The second team, which I was a part of, was assigned to conduct the search of the detached garage.
When we arrived, um, initially, I
photographed the exterior of the garage. I noted that the personnel door, um, the walk-through door on the north side of the garage, was locked with a padlock. We made arrangements to make entry into the garage by cutting that padlock.
When that was completed, uh, the first thing that was done was the interior of the garage was videotaped. Um, on that day there was, uh, snow on the ground. A relatively good quantity of snow. The overhead garage door was ultimately opened. Um, there was a passenger vehicle that was found parked inside the garage.
And after the videotaping was completed, I then, um, conducted photography of the entire interior of the garage, uh, just documenting in an overview fashion of the -- what the interior of the garage looked like.
We then, basically, um -- four investigators that were present, uh, which included myself, Investigator John Dedering from Calumet County, Investigator Gary Steier of Calumet County, um, and, eventually, Detective Dave Remiker of Manitowoc County, assumed, um, general responsibilities as working as this -- as this team, and came up with a -- a plan, if you will, uh, or objectives as to how we were going to go about searching the garage.
MR. KRATZ: I'm going to show you Exhibit No. 105, and ask you if you can describe what it is that we're looking at here?
KEVIN HEIMERL: This is a photograph of the interior of Steven Avery's garage, obviously with the overhead garage door open. Uh, as I took this photograph, I was standing north of the front of the garage in front of the overhead garage door. This was taken at a point in the evening in which we had done a cursory search, if you will, of the interior of the garage, looking for any readily recognizable items of evidence that we knew, based on Brendan Dassey's statements, that we should be looking for.
Some of those had been ad -- identified. Um, the vehicle has been removed at the, uh, time of this photograph, and we have identified with some of these yellow photographic markers, numbered markers, um, the location of some items of evidence that had been found to that point.
MR. KRATZ: Had you been informed, and was one of the items that you were looking for in this, uh, garage, uh, a item of, uh, paint thinner?
KEVIN HEIMERL: ves,
MR. KRATZ: Let me show you what's been marked as Exhibit No. 106. Ask you if you can tell me what we're looking at here, please?
KEVIN HEIMERL: This is a photograph of a plastic bottle or jug of paint thinner that was found on the workbench at the rear or south side of the garage in a central area of the south wall.
MR. KRATZ: Was another specific item that you were looking for and, uh, included, um, in Mr. Dassey's statement, something called a roller creeper?
KEVIN HEIMERL: Yes.
MR. KRATZ: And can you tell the jury, and those jurors that may not know what that is, what is a roller creeper?
KEVIN HEIMERL: I don't have much experience in the automotive work, but I understand a roller creeper is a piece of equipment that, um, if you will, is a bench, a padded bench often, um, that rests on wheels to allow a person to lay on their back on this bench and roll themselves underneath a motor vehicle so they can conduct work on the under -- underside of the vehicle.
MR. KRATZ: Were you able to locate a roller creeper within Mr. Avery's garage?
KEVIN HEIMERL: Yes, we did.
MR. KRATZ: Let me show you what has been marked as Exhibit No. 107. Tell us what we're looking at, please?
KEVIN HEIMERL: That is a photograph of a roller creeper with the name, uh, labeled on the face of it as a Black Jack brand creeper. This was found in this location which is, um, in the central area of the south wall, basically in the middle of the garage, all the way at the rear of the garage.
MR. KRATZ: Just so that before I leave this photo, just to the right of the roller creeper is a green object that has some wheels on it. Do you know what that is?
KEVIN HEIMERL: Yes, I do.
MR. KRATZ: What is that?
KEVIN HEIMERL: The green cylindrical object, uh, behind and to the right of the creeper is an air compressor, and it has numerous additional miscellaneous items stacked on top of it.
MR. KRATZ: Now, the -- I'm going to go back to Exhibit No. 105. When we look at the stuff in that garage during the 1st and 2nd of March, were each of those items removed and thoroughly searched?
KEVIN HEIMERL: Yes, but not -- I don't know if re -- removed is, um, a term I would use. We did not physically remove them from the garage. But --
MR. KRATZ: They -- They are moved?
KEVIN HEIMERL: Yes. Our course of action, uh, beginning on March 1, um, was to physically, visually examine virtually every item within that garage, um, looking for any potential relevance to the investigation based on the statements we had received from Brendan Dassey. Um, examining these items to determine if we could see any visible biological evidence or other forms of trace evidence.
And in doing so, we began at the -- in this photograph, the front left corner, which would have been in the, uh, northeast corner of the garage, and we proceeded south along the east wall picking up and moving every object. And in most cases, there were multiple objects stacked on top of, say, a snowmobile or a shelf. Each item was picked up, moved, turned over, examined, and set aside. And we'd move onto the next object.
We proceeded south along the east wall to the corner, and then along the south wall, um, from left to right in this photograph, and, ultimately, finishing on the following day, March 2, coming up along the west wall.
MR. KRATZ: Agent Heimerl, once again, based upon statements
of Mr. Dassey, uh, were you looking for, and did the search warrant authorize, a search for bullets or bullet fragments?
KEVIN HEIMERL: Yes, it did, and we were looking for those items.
MR. KRATZ: I'm going to have you, before I leave this, uh -- this photograph, point out for the jury, uh, what's called Evidence Tent No. 9. Could you tell the jury where that's located?
KEVIN HEIMERL: No. 9 is located just behind -- The white is the snowbank on the outside of the garage. And just behind there, in the right half of the photograph, is Marker No. 9.
MR. KRATZ: I show you, now, what has been marked as Exhibit No. 108. Tell the jury what we're looking at, please?
KEVIN HEIMERL: This is a photograph, again, of, uh, evidence, or Photo Identification Marker No. 9, taken from standing above it. You can see a crack in the concrete traveling right underneath the marker. Just in front of that marker edge, right where the cursor is now, there's a small, cylindrical, gray object that was ultimately recovered and found to be a bullet, or a portion of a bullet.
MR. KRATZ: Mr. Wiegert just handed you, also, uh, what's now been, uh, marked as Exhibit No. 114. It's a -- a package, and although it, uh, contains, um, an item of evidentiary value with a biological, or potentially biological, material on it, and I'm not going to ask you to open it, can you tell us what Exhibit 114 is?
KEVIN HEIMERL: This is identified as a bullet fragment, and the date for the recovery is 3/1/06.
MR. KRATZ: Is this the bullet fragment that is depicted in Exhibit No. 108, uh, next to, uh, Exhibit -- Tent No. 9?
KEVIN HEIMERL: I believe it to be, yes.
MR. KRATZ: Agent Heimerl, I'm now going to show you what has been marked for identification as Exhibit No. 109. Tell us what that is, please?
KEVIN HEIMERL: This is a photograph that was taken on March 2, the second day of our search. From the previous photograph of the overview of the garage that we looked at, um, directly at the back of the garage in the central area of that south wall, we saw the Black Jack creeper and the green air compressor.
In that previous photograph, the green air compressor was directly adjacent to the left side of a large rolling tool chest, which we see in the upper right corner of this photograph. The air compressor, and all of the materials were stacked on top, have obviously been removed for this photograph, and Marker No. 23 identifies a bullet which was found under that air compressor near that back wall in the garage.
MR. KRATZ: I show you, now, Exhibit No. 110. Tell us what we're looking at here, please?
KEVIN HEIMERL: This is a close-up photograph of that same Marker No. 23. Also, in the photograph, is a -- a scale or a ruler. Between the number four and number five on the ruler, just above the edge of the ruler, is a round object which is the bullet that was located underneath the air compressor.
MR. KRATZ: By the way, this bullet, uh, that it was next to Tent No. 23, and also the bullet next to Tent No. 9, uh, were those recovered by your, um, evidence recovery team and, thereafter, sent to the Wisconsin State Crime Laboratory for further analysis?
KEVIN HEIMERL: Yes, they were.
MR. KRATZ: Just to complete the discussion of this particular bullet, um, I'm going to show you photograph 111, ask if you're able to identify that? And Mr. Wiegert's going to also hand you Exhibit No. 113 to assist you in describing photograph 111 as well.
KEVIN HEIMERL: The photograph 1S a -- a photograph of the same object, evidence bag that I'm holding, uh, Evidence Tag No. 8623, which identifies the contents as a bullet fragment that was collected on March 2, 2006.
MR. KRATZ: And so that the record is clear, the photo, uh, of the bullet fragment, what the jury is looking at on their screen, is, uh, Exhibit No. 111. The package, itself, the bullet, itself, if you will, is Exhibit No. 113. Is that your understanding?
KEVIN HEIMERL: Yes.
MR. KRATZ: I'm just going to take a moment to show you a couple of exhibits. This is Exhibit 77 that has already been received. It's a computer-generated image created by Trooper Tim Austin. Um, does this exhibit assist you, or will it assist you, in describing for the jury where those two bullets were found?
KEVIN HEIMERL: Yes.
MR. KRATZ: Why don't you take your laser pointer and tell the jury?
KEVIN HEIMERL: The first bullet that I described, which was in the crack of the concrete, is in the area of the No. 9 marker in the foreground of the garage. The second bullet -- bullet that we just discussed, No. 23
marker, was found at the rear, or south side of the
garage, directly next to the tool chest. Um, I believe the black rectangular object here is meant to depict the location of the creeper. What is not identified in that photograph is the location or the presence of the green air compressor.
MR. KRATZ: And the last, uh, exhibit that I want to show you has been received as Exhibit No. 67. Does this contain the, um, burn barrel, and will this assist you in describing where that was recovered and processed by you?
KEVIN HEIMERL: Yes.
MR. KRATZ: Would you just describe that for us, please?
KEVIN HEIMERL: This is, uh, Steven Avery's trailer. His detached garage. Here's the gravel roadway that I described earlier. And this is the burn barrel that was ultimately recovered that contained the burned electronic components.
MR. KRATZ: Contained the, um, Motorola, um, V3 RAZR phone, the Canon PowerShot A310 camera, and the Palm Zire 31 PDA. Is that your understanding?
KEVIN HEIMERL: That's correct.
MR. KRATZ: And, again, that is verified and, um, positively identified by FBI and also Mr. Thomas; is that right?
KEVIN HEIMERL: Correct.
MR. KRATZ: With that, Judge, I'm = going to move the admissions of Exhibits 95 through 114, and I have no further questions of Agent Heimerl.
THE COURT: All right. Is there any objection to these exhibits?
MR. FREMGEN: No, Judge.
THE COURT: Since there are none, the exhibits will be received. I think, uh, this is an appropriate time to take a morning break. We'll take a 15-minute recess.
(Recess had at 10:04 a.m.)
(Reconvened at 10:29 a.m.)
THE COURT: I think we've reached the point where this witness is set for cross-examination. Mr. Fremgen?
MR. FREMGEN: Judge, I think the State wanted to -- Did -- Didn't you want to include 115 in that offer?
MR. KRATZ: We did.
THE COURT: Right. Uh, no objection to 115?
MR. FREMGEN: No.
THE COURT: Received. Go ahead, Mr. Fremgen.
MR. FREMGEN: Thank you.
CROSS-EXAMINATION BY ATTORNEY FREMGEN:
MR. FREMGEN: Agent Heimerl; correct?
KEVIN HEIMERL: That's correct. Yes. Thank you.
MR. FREMGEN: Okay. You were testifying about the burn barrel in your direct, and I have what's up -- Uh, well -- I have up on the screen, again, uh, what's been marked as State's Exhibit No. 80 -- or 95? It's a photograph of that burn barrel; is that correct?
KEVIN HEIMERL: That's correct.
MR. FREMGEN: You can see it from there?
KEVIN HEIMERL: Yes, sir.
MR. FREMGEN: Okay. Now this is the barrel you indicated that you first did a visual observation without going into the barrel, itself, and noted metal and glass within the debris?
KEVIN HEIMERL: Yes, I did.
MR. FREMGEN: And you -- I think you indicated you also, visually, identified the Motorola cell phone?
KEVIN HEIMERL: I could see that component. That cover piece with the very distinctive Motorola "M" on it. And that was on top of the debris. I could see that.
MR. FREMGEN: Okay. Now, looking at that burn barrel, the
location is approximately in front of the Avery trailer? Or, I guess, if you want to say, kind of a triangular, uh, angle from the trailer and the garage; correct?
KEVIN HEIMERL: That's correct. It's almost, um, due north of the garage and northeast of the trailer.
MR. FREMGEN: So that would be that opening -- the gar -- the actual main entrance of the garage?
KEVIN HEIMERL: Correct.
MR. FREMGEN: On the barrel, did -- Can you see from where you're at, or do you have the picture in front of you?
KEVIN HEIMERL: Both. Correct.
MR. FREMGEN: Okay. Does it appear to have bullet holes in the barrel? I know you're not an expert on -- I'm not asking about your expertise in the area of -- of, uh, firearms or ammunition, but you're an off -- you're an agent; correct?
KEVIN HEIMERL: Yes, I am.
MR. FREMGEN: You've fired a firearm?
KEVIN HEIMERL: Yes, I have.
MR. FREMGEN: Familiar with what a bullet hole might look like?
KEVIN HEIMERL: Yes.
MR. FREMGEN: Does it appear that -- like it has bullet holes in the barrel?
KEVIN HEIMERL: All I can say is that there are circular penetrations in the barrel.
MR. FREMGEN: Okay. And I don't need you to go any further if you don't have ability to tell whether or not that's from a bullet or something else. It's a -- but appears to have some sort of circular indentation in the side?
KEVIN HEIMERL: Yes.
MR. FREMGEN: Now, in the burn area, you actually found shell casings; correct?
KEVIN HEIMERL: In the material that came from the burn pit to the burn area, yes, there were ammunition --
MR. FREMGEN: Did you find -- I'm sorry.
KEVIN HEIMERL: There were am -- ammunition casings found.
MR. FREMGEN: Did you find the same in -- when you sifted through the barrel?
KEVIN HEIMERL: I did not, um, examine the debris from the barrel. From this barrel.
MR. FREMGEN: So someone else sifted through the burn barrel?
KEVIN HEIMERL: That's correct.
MR. FREMGEN: Your observations were just visual?
KEVIN HEIMERL: Of what?
MR. FREMGEN: The burn barrel.
KEVIN HEIMERL: That's correct.
MR. FREMGEN: When you sifted, did you -- through the burn
area, now. We're beyond the burn barrel. Did you actually set up the procedure for sifting through that burn area?
KEVIN HEIMERL: I did not. It was, uh, um -- Special Agent Pevytoe had an idea in his mind as to what procedure he wanted to follow. He presented that to those of us that were there, and we all agreed that that was a -- appeared to be a sound and good procedure to follow.
MR. FREMGEN: Now, you indicate that your primary expertise with the -- with the DCI would be in arson investigations?
KEVIN HEIMERL: That's correct.
MR. FREMGEN: So you're familiar with going through, um, charred remains like, for instance, buildings?
KEVIN HEIMERL: Correct.
MR. FREMGEN: Um, would a burn area like this be unusual for you in your investigation experti -- or, uh, experience?
KEVIN HEIMERL: Uh, no, it wouldn't. In fact, I've participated in examinations of, um, burn areas or burn pit areas, if you will, on at least one other occasion looking for, um, similar types of evidence.
MR. FREMGEN: When you set up the investigation, or the actual sifting, then, through this burn area, did you
set it up where you, uh, indicated some sort of
grid-like, um, procedure so you could identify what location items had been taken out of, or boxed, when you were digging out and putting it into something to take back to the Crime Lab?
KEVIN HEIMERL: You maybe misunderstood, only because it was not -- I don't think I was asked earlier, but to clarify, when the material, and burn debris, and soil, and material was removed from the burn pit, and initial examinations were conducted at the burn pit, I was not present and involved in it. I was -- at that time, during that first week, was involved in the neighborhood canvass aspect.
MR. FREMGEN: Okay.
KEVIN HEIMERL: The examination of the debris that I testified under direct exam, um, was conducted after all of the material had been removed from the Avery property in, um, various containers and brought to the Crime Laboratory. That's where that examination was completed.
MR. FREMGEN: So your in -- sifting involvement would have been at the Crime Lab?
KEVIN HEIMERL: At the Crime Lab and at Calumet County Sheriff's Department. Yes.
MR. FREMGEN: In regards to your involvement with this
investigation, were you aware of what type of sifting or -- or the procedure that went on actually at the burn area?
KEVIN HEIMERL: No, I was not.
MR. FREMGEN: When you went through the items that were taken to the Crime Lab, were they in separate boxes? Or how -- Actu -- How were they stored and -- and transported to the Crime Lab?
KEVIN HEIMERL: When we examined the debris at the Crime Lab, it was, um -- on the first two dates, December 19 and 20 of 2005, the majority of that material I -- I recall came out of large tarps. Um, the material had been placed on large tarps, and then secured or taped closed. If you'd take, say, a bedsheet and bring the corners up, twist it, and turn it, and secure it with tape, that's how it was brought to the Crime Lab.
Um, on the second occasion, in April of 2006, the majority of the debris that we examined on that occasion was in individual five-gallon plastic buckets.
MR. FREMGEN: Okay. Were they labeled as to where they were taken from the -- from the burn area or the burn pit?
KEVIN HEIMERL: I know that they were labeled. The -- the buckets, in particular, and the tarps, for that matter, I believe, were labeled as to where they were collected from, but I was not involved in the actual collection of that material.
MR. FREMGEN: Were you involved later in the process of organizing that in some sort of a -- a diagram of where each items were found within the burn pit, itself?
MR. FREMGEN: So you wouldn't have no idea where items might have been located in the burn pit?
MR. FREMGEN: Are you aware of whether every item that was in that burn pit was brought to the Crime Lab and -- and reviewed by you or your -- your crew of -- of techs?
KEVIN HEIMERL: I believe that -- It's my understanding that all of the material that was removed, all burned and soil material that was removed from the Avery property, was examined by an investigator over the course of those four days, as well as prior to that.
I believe, uh, Special Agent Pevytoe had done some examinations with other agents. I say that because I know that it was our goal to visually examine and go through all of the debris that came out of the burn pit, as well as other areas, as I alluded to, stated was in the buckets. And when that was finished, when we went through all of that material, it was my understanding everything had been done.
MR. FREMGEN: Did you receive, or do you recall, as one item that was brought to the Crime Lab, uh, the, uh -- a burned out van seat?
KEVIN HEIMERL: I -- I was not involved in the examination of that.
MR. FREMGEN: Okay. So you didn't personally investigate or review that, uh, van seat?
KEVIN HEIMERL: No, I did not.
MR. FREMGEN: Do you recall, though, if it was actually at the Crime Lab when your, um -- your team was reviewing the -- going through the sift -- or sifting through the burn area buckets to determine if there were bones or, I think you mentioned, metal objects?
KEVIN HEIMERL: I don't know if it was there or not.
MR. FREMGEN: When you were sifting through -- You -- You -- You indicated that at some times there were a forensic anthropologist there to assist in determining whether something might be a suspect bone fragment or -- or something that she might be interested in looking at; correct?
KEVIN HEIMERL: Correct.
MR. FREMGEN: As the, uh, Crime Lab technicians, including yourself, went through and sifted, you're going through dirt; correct?
KEVIN HEIMERL: It's dirt and then ash.
MR. FREMGEN: Were you using anything like a brush or a water bottle to clean off items that you thought were suspected evidence?
KEVIN HEIMERL: I'm sorry, you said a brush and a what?
MR. FREMGEN: A brush or some sort of a -- like a water, uh, jar, squeeze water -- to squee -- to clean the item off?
KEVIN HEIMERL: No, we did not use any water rinsing. Um, and, basically, it came down to the preference of the investigator as to if they preferred to use it just -- uh, do this process just with their hands, or if they preferred to use a -- a wooden skewer, or a pick, um, or if they wished to use a brush, or a putty knife. It's personal preference, but some of those instruments were used.
MR. FREMGEN: Okay. No one -- You know, this may sound silly, no one was told, go ahead, blow on it, get rid of the -- the dust or the dirt?
MR. FREMGEN: Okay. That could potentially contaminate that with that investigator's saliva; correct?
KEVIN HEIMERL: I believe that's a potential.
MR. FREMGEN: So you guys sat down and talked about what procedures you're going to take in sifting through these, um, buckets and -- and the bags of debris taken from the area before you actually started, uh -- the, uh, sifting?
KEVIN HEIMERL: Correct.
MR. FREMGEN: You mentioned that you were involved on the team on approximately March 1, or maybe it was on March 1, 2006, in the Avery garage?
KEVIN HEIMERL: Yes, it was March 1 and 2.
MR. FREMGEN: And 2nd. And I believe you indicated that you -- the search, itself, was somewhat methodical? One person went in and videotaped the garage first?
KEVIN HEIMERL: Correct.
MR. FREMGEN: Um, and then -- How many were on your team searching?
KEVIN HEIMERL: On March 1 it was, uh, four. Four individuals. And on March 2, uh, one additional, Agent Roswell, joined us.
MR. FREMGEN: Did you videotape the actual search, itself?
MR. FREMGEN: Just the before and after?
KEVIN HEIMERL: Correct.
MR. FREMGEN: When you went through the search, you indicated that you started from one corner of the garage and worked your way in a horseshoe around to the other; correct?
KEVIN HEIMERL: That's correct.
MR. FREMGEN: When you -- When you first went through the garage --
MR. FREMGEN: And if I could ask the State to put up -- I believe it's Exhibit 105. The photo of the garage.
MR. FREMGEN: (By Attorney Fremgen) Do you have State's Exhibit 105 before you?
KEVIN HEIMERL: Yes, I do.
MR. FREMGEN: And, again, this is, uh, Steven Avery's garage; correct? On March 1, 2006?
KEVIN HEIMERL: Correct.
MR. FREMGEN: And this a view after you have opened the garage door? The -- the -- the main overhead door?
KEVIN HEIMERL: Correct.
MR. FREMGEN: Was there a vehicle in the garage when you first arrived there to search the garage?
KEVIN HEIMERL: Yes, there was.
MR. FREMGEN: And you had to remove the -- the vehicle?
KEVIN HEIMERL: Yes.
MR. FREMGEN: How did you get it -- Did you drive it? Push it out?
KEVIN HEIMERL: A tow truck.
MR. FREMGEN: Okay. When -- Was there someone in the garage watching in case car knocked over a shell casing or moved some item of debris within the garage? Just to make note of that?
KEVIN HEIMERL: Yes. We were present in the garage as it was being removed, but, um, vehicle was parked in the garage Similar to the way any of us parked a vehicle in the garage. It did not come into contact with anything else as it's being moved.
MR. FREMGEN: Okay.
KEVIN HEIMERL: And removed from the garage. So I don't believe that was a concern.
MR. FREMGEN: You -- You noticed on the picture -- Again, it's -- I believe it's Exhibit is 1-0 -- 105. You refer to them as tents or evidence tents? Those are those little cones or numbered cones?
KEVIN HEIMERL: They -- Various terms. They could be marking evidence, or they could just be, uh, for -- for photographic ref -- uh, reference.
MR. FREMGEN: Okay. Some of those don't -- Well, let me ask you this: When the -- when the car was in the garage, you can -- you can see in the picture there seems to be a tire track?
KEVIN HEIMERL: Yes, I see that.
MR. FREMGEN: Like a white tire track in the middle?
KEVIN HEIMERL: Yes.
MR. FREMGEN: That's where the -- the -- that, uh, Suzuki was?
KEVIN HEIMERL: I -- I don't know that because the vehicle that we removed was not a Suzuki.
MR. FREMGEN: Oh. I'm sorry. Whatever the vehicle was that was in the garage, that's where that was?
KEVIN HEIMERL: It was in that area. In the large open area. If you see the -- if I can point to the --
MR. FREMGEN: Sure.
KEVIN HEIMERL: -- black object right here, this is an engine hoist. The vehicle was here to the left of it in the open bay.
MR. FREMGEN: Okay. So there was some items that you located and marked with those yellow tags that weren't covered by the vehicle; correct?
KEVIN HEIMERL: I don't know if I understand your question, sir.
MR. FREMGEN: They weren't concealed. The vehicle wasn't on top of any -- some of the items that you -- you note in this picture; correct?
KEVIN HEIMERL: I -- I still don't know if I can answer that. And I-- I--
MR. FREMGEN: Let me ask it a third way. Maybe that will -- I'll try a third way. Could you see some of the items when you walked into the garage originally? The videotape? The items I mean would be the ones that you've marked with these yellow cones or tents?
KEVIN HEIMERL: Some of these yellow markers, specifically the ones around the back of the garage, are next to circles that are drawn on the concrete floor, and the reason some of these, in particular No. 10, appears to be where the car would have been, if I can explain how this occurred, after we entered the garage and videotaped the interior, did a cursory search, we had identified the presence of the Black Jack creeper, we had identified the presence of some paint thinner jugs, and other things that we believed were items that we were going to collect.
We also became aware of some of these circles that were on the floor. It was my understanding, I was informed, that those had been placed on the floor by Crime Lab personnel during a previous search, and identified areas that may have, uh, luminesced from luminol.
So we identified those just for identification purposes that they are here. At that point, um, we then removed the vehicle, and I felt as long as the vehicle was out of the way, let's take a photograph of where our markers are. And that's why some of these markers, in
particular, as I said, No. 10, is under the vehicle.
MR. FREMGEN: Okay. Thank you. That clarifies that. So when you did your search on March 1 and into March 2, the only two items, I think -- well, that you testified -- correct me if I'm wrong -- that you would have -- would have been new, would be No. 9 and No. 23, the one underneath the compressor that, as of yet, in this picture, isn't marked?
KEVIN HEIMERL: I'm sorry? That would have been new?
MR. FREMGEN: Would have been new items that came to your -- You know, you said -- you mentioned that someone else came through and searched previously; correct?
KEVIN HEIMERL: In November of 2005.
MR. FREMGEN: And they circled some areas on the ground and on the pavement in the driveway -- in the garage; correct?
KEVIN HEIMERL: Correct.
MR. FREMGEN: And you noted those circles; correct?
KEVIN HEIMERL: Correct.
MR. FREMGEN: And you put the little marking next to those little white circles?
KEVIN HEIMERL: Correct.
MR. FREMGEN: That wasn't something that you just found;
correct? It was some -- some subject or some item that previous search team thought was of interest; correct?
KEVIN HEIMERL: Well, to answer your question the way you -- you stated it, it was something that, yes, I did just find, because this is the first occasion I had been in the garage. I saw that there were circles, and I was informed that those circles had been placed by Crime Lab personnel to identify areas that had reacted through luminol. So for the sake of photographic documentation, we placed markers next to those. That does not mean that we specifically collected an item of evidence from, say, Marker No. 3 or Marker No. 4.
MR. FREMGEN: Which items did you actually, specifically, remove an item of, uh, evidentiary value then?
KEVIN HEIMERL: Well, this photograph was taken in the early evening hours of March 1, and there was a great deal of searching that took place after this photograph was taken, and many items of evidence were collected after this photograph was taken.
As each individual item of evidence was found, or something was identified that we felt was going to be an item of evidence and we were going to collect it, we would place an -- an evidence photographic marker next to it, photograph it, measure it, and collect it. So there are many numbers that come after the highest number in this photograph.
MR. FREMGEN: You mentioned there was a prior Crime Lab taper, or Crime Lab technician, that came through, made those circles, where you noted had been positive for the luminol testing; correct?
KEVIN HEIMERL: That's what I was told.
MR. FREMGEN: What you were told? So someone else went through the garage before you'd gone through the garage on March 1?
KEVIN HEIMERL: That's correct.
MR. FREMGEN: And No. 9 on the picture, uh, notes, apparently, a bullet fragment that you found; correct?
KEVIN HEIMERL: Correct.
MR. FREMGEN: And it's in a crack in the pavement of the -- the garage floor?
KEVIN HEIMERL: Correct.
MR. FREMGEN: Okay. So -- so I would assume, correct me if I'm wrong, that someone missed that the first time?
KEVIN HEIMERL: I don't know as if I -- I can assume that. All I can say is that on March 1 I happened to be walking in the garage, and I stopped, and I looked down, and I saw the gray object that struck me as being similar in color to the lead from a bullet, which -- which caused me to examine it closer.
MR. FREMGEN: Just walking into the garage you saw it and made note of it?
KEVIN HEIMERL: Yes. In fact, several other investigators had already been into the garage. I happened to be in this front corner of the garage looking with a flashlight at the floor in the early stage of the search, and looked down, and, as I said, I saw a . light gray-colored object that -- I knew in my mind that we need to be looking for bullets. That looks to be the color of lead from a bullet.
MR. FREMGEN: Did you process -- And what I mean by that is, did you take uh, uh, swabs of -- of the bullet, for instance, and the creeper, while you were in the garage?
KEVIN HEIMERL: No, we did not.
MR. FREMGEN: Did -- So no one in your team actually swabbed any of those items to determine if there was any potential DNA evidence?
KEVIN HEIMERL: Not on the items as stated, no.
MR. FREMGEN: I'm sorry. I didn't hear.
KEVIN HEIMERL: Not on the items that you just stated, no.
MR. FREMGEN: Okay. Any item -- any items in the -- the garage that you did that to?
KEVIN HEIMERL: The swabs were collected on the 2nd, yes.
MR. FREMGEN: What were the swabs collected? What -- what items were swabbed?
KEVIN HEIMERL: The red tool chest at the back of the garage was swabbed.
MR. FREMGEN: Any reason why you didn't swab the creeper?
KEVIN HEIMERL: Uh, we -- we need to make a decision. Are we going to try and collect any visible stains here in the field? Or is it more practical to collect this object in its entirety as a whole, if it is portable, can we package it sufficiently and protect any evidence that may be on it, and transfer it to the Crime Lab? And that's what we chose to do.
MR. FREMGEN: So you actually did transport the entire creeper to the Crime Lab?
KEVIN HEIMERL: I did not. It was collected and packaged and removed from the garage. And any further analysis or testing at the Crime Lab became someone else's responsibility.
MR. FREMGEN: Someone in your team packaged the creeper; correct?
KEVIN HEIMERL: Yes. It was removed from the garage, and it was collected and packaged for transport away from there.
MR. FREMGEN: I have nothing else.
THE COURT: Redirect?
REDIRECT EXAMINATION BY ATTORNEY KRATZ:
MR. KRATZ: Mr. Fremgen suggests that law enforcement officers may have missed something before March 1. Isn't it true that it wasn't until March 1 that law enforcement was even told that Teresa Halbach was shot in the garage --
KEVIN HEIMERL: That's correct.
MR. KRATZ: -- that you (inaudible. )
KEVIN HEIMERL: That's correct.
MR. KRATZ: And that was by the defendant, Mr. Dassey; is that right?
KEVIN HEIMERL: Correct.
MR. KRATZ: That's all I've got, Judge. Thank you.
MR. FREMGEN: Just --
THE COURT: You may step down.
MR. FREMGEN: -- one moment, Judge. Nothing more, Judge. Thank you.
THE COURT: You may step down.