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Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonNorman A. GahnKenneth R. KratzRaymond L. EdelsteinMark R. FremgenThomas SturdivantSherry CulhaneDonald SimleyNick StahlkeKayla AverySusan BrandtJodi StachowskidirectcrossredirectrecrossDay 3 - April 18, 2007Kayla Avery disavowed parts of an earlier account about Brendan, while a school counselor described what Kayla had told her. Witnesses also testified about RAV4 DNA and bloodstains, the burn-pit search, and a probable dental identification.
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Day 3 - April 18, 2007

Kayla Avery's Testimony, RAV4 Forensics, and Burn-Pit Fragments

Judge Jerome L. Fox
20Proceedings
8Pages
7Witnesses
2,301Lines
Day 3 of 9
Appearing:
Thomas J. Fallon Norman A. Gahn Kenneth R. Kratz Raymond L. Edelstein Mark R. Fremgen Thomas Sturdivant Sherry Culhane Donald Simley Nick Stahlke Kayla Avery Susan Brandt Jodi Stachowski

Kayla Avery disavowed parts of an earlier account about Brendan, while a school counselor described what Kayla had told her. Witnesses also testified about RAV4 DNA and bloodstains, the burn-pit search, and a probable dental identification.

Full day summary

Kayla Avery said Brendan had appeared upset and that she once found him crying, but denied that he had told her about body parts in a fire. She disavowed earlier reports that he had seen Teresa Halbach alive and pinned in Steven Avery's trailer, saying she had been confused and had lied to officers. She said news coverage was her source for information about the burn pit and body parts. Crime-lab analyst Sherry Culhane attributed DNA from identified RAV4 passenger-compartment samples, its hood latch, and a Toyota key to Steven Avery. She attributed DNA from the RAV4 cargo area, a soda can, and bullet fragment FL to Halbach. Charred tissue yielded a partial profile consistent with Halbach at seven markers, but Culhane said laboratory policy did not permit a source identification. None of the evidence samples from which she developed a profile was consistent with Brendan Dassey. Culhane also said an absence of detectable DNA did not establish whether someone had been at a scene. Nick Stahlke interpreted RAV4 bloodstains as probably left by someone actively bleeding in the passenger compartment and as consistent with a body with bloody head hair being loaded into the cargo area. He framed the latter account as what may have happened and said the stains could not establish a timeline. School counseling intern Susan Brandt later recounted Kayla saying that Steven Avery had asked an unidentified cousin to help move a body. Jodi Stachowski recalled two October 31 calls to Avery and described an earlier arrangement of his bedroom. Thomas Sturdivant described collecting material he believed was bone from the burn pit, while acknowledging he could not identify it as human by sight. Forensic dentist Donald Simley compared dental fragments with Halbach's x-rays and gave a probable, not positive, identification.

1. Kayla Avery — Direct/Cross/Redirect

Kayla Avery testified on Day 3 about Brendan Dassey's demeanor and disavowed parts of her earlier account to officers.

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Procedural
Morning reconvening and counsel appearances
10 lines
Direct
Kayla Avery — Direct Kayla Avery Thomas J. Fallon
145 lines

Kayla Avery disavowed earlier reports about what Brendan told her concerning a fire and Teresa Halbach, saying she had made up the account.

Cross
Kayla Avery — Cross Kayla Avery Mark R. Fremgen
96 lines

Kayla Avery admitted lying to officers and said some details in her earlier account came from news coverage, while she could not recall the source of another claim.

Redirect
Kayla Avery — Redirect Kayla Avery Thomas J. Fallon
7 lines

Kayla Avery could not recall whether officers approached her because of what she told school counselors.

Highlights

Kayla Avery — Direct“He didn't tell me anything. I -- I kind of made up the statement. And I'm sorry.”— Kayla AveryKayla disavowed her earlier account after reviewing her written statement.Kayla Avery — DirectimpeachmentAfter the defense challenged the wording of a question about her earlier statement, Fallon restated it. Kayla acknowledged reporting that Brendan saw body parts in a fire and Teresa alive and pinned in Steven's trailer, but said both reports were untrue. She attributed what she said to confusion rather than an effort to get Brendan in trouble.

2. Sherry Culhane — Direct (Part 1)

State crime laboratory analyst Sherry Culhane testified on Day 3 about DNA results from the RAV4 and other evidence, including a partial profile from charred tissue that she could not identify as Teresa Halbach’s under laboratory policy.

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Direct
Sherry Culhane — Direct Sherry Culhane Norman A. Gahn
501 lines

DNA analyst Sherry Culhane attributed DNA from several RAV4 items and a key to Steven Avery, and DNA from the cargo area, a Pepsi can, and a bullet fragment to Teresa Halbach; she limited her conclusion about charred tissue to a partial-profile comparison.

Highlights

Sherry Culhane — Directtestimony highlightCulhane obtained a partial profile from charred tissue: results at seven genetic markers were consistent with Teresa Halbach, but Culhane said laboratory policy did not permit her to identify Halbach as its source.Sherry Culhane — Directtestimony highlightCulhane testified that DNA recovered from the surface of bullet fragment FL was consistent with Teresa Halbach and gave her opinion that Halbach was its source.

3. Sherry Culhane — Cross/Redirect/Recross (Part 2)

Sherry Culhane said none of the developed DNA profiles was consistent with Brendan Dassey. Her Day 3 testimony also addressed negative tests, testing limits, and items not tested.

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Cross
Sherry Culhane — Cross Sherry Culhane Mark R. Fremgen
341 lines

Culhane said none of the evidence samples from which she developed a DNA profile was consistent with Brendan Dassey, while explaining that some items received blood testing but no further DNA analysis.

Redirect
Sherry Culhane — Redirect Sherry Culhane Norman A. Gahn
100 lines

Culhane explained limits of DNA testing, confirmed she found no blood on Brendan Dassey's jeans, and said absent detectable DNA does not establish whether someone was at a crime scene.

Recross
Sherry Culhane — Recross Sherry Culhane Mark R. Fremgen
73 lines

Culhane explained her DNA-testing choices and confirmed that shell casings, other areas of the jeans, and bedding had not received the testing defense counsel asked about.

Highlights

Sherry Culhane — Crosstestimony highlightAt the close of cross-examination, Culhane said none of the evidence samples from which she developed a profile was consistent with Brendan Dassey.Sherry Culhane — Cross“Of all of the samples that I extracted evidence samples and developed a profile were -- from, none were consistent with Brendan Dassey.”— Sherry CulhaneStates the cross-examination's central finding while limiting it to samples from which she developed profiles.

4. Nick Stahlke — Direct/Cross/Redirect/Recross

Nick Stahlke interpreted bloodstains in Teresa Halbach's RAV4, then acknowledged limits on what they showed about wounds and timing. He saw nothing on the back of the vehicle indicating bleach use.

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Direct
Nick Stahlke — Direct Nick Stahlke Norman A. Gahn
171 lines

Nick Stahlke interpreted RAV4 bloodstains as consistent with an actively bleeding person in the passenger area and a possible loading of a body with bloody head hair into the cargo area.

Cross
Nick Stahlke — Cross Nick Stahlke Raymond L. Edelstein
185 lines

Stahlke limited what the RAV 4 stains could show about wound locations and timing, and identified scene work and blowback testing he had not performed.

Redirect
Nick Stahlke — Redirect Nick Stahlke Norman A. Gahn
20 lines

Stahlke clarified limits of the RAV4 bloodstains and discussed factors that could affect visible blood or later detection.

Recross
Nick Stahlke — Recross Nick Stahlke Raymond L. Edelstein
5 lines

Stahlke said he saw no indication of bleach use on the back of the RAV4.

Highlights

Nick Stahlke — Directtestimony highlightAfter describing impact and flow stains on the interior rear door, Stahlke said the combined cargo-area patterns were consistent with a body with bloody head hair having been loaded behind the right rear seat, phrasing the account as what may have happened.Nick Stahlke — CrossadmissionStahlke said he could not determine a timeline by comparing the ignition-switch stain with the rear-door stain in this case.

5. Susan Brandt — Direct/Cross/Redirect

Susan Brandt recounted Kayla Avery's counseling-office account, then answered questions about how well she knew Kayla and whether Kayla was seeking attention.

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Direct
Susan Brandt — Direct Susan Brandt Thomas J. Fallon
67 lines

Susan Brandt recounted what Kayla Avery told school counselors about a cousin being asked to help move a body, while noting Kayla did not identify the cousin.

Cross
Susan Brandt — Cross Susan Brandt Mark R. Fremgen
29 lines

Brandt acknowledged limited familiarity with Kayla; the court struck a question about Kayla's truthfulness.

Redirect
Susan Brandt — Redirect Susan Brandt Thomas J. Fallon
5 lines

Brandt said she did not think Kayla Avery visited the counselors just to get attention.

Highlights

Susan Brandt — Directtestimony highlightBrandt recounted Kayla's statement about Steven Avery asking one of her cousins to help move a body, her fear of going to the shop, and her question about blood coming through concrete. Brandt said Kayla did not identify the cousin.Susan Brandt — Direct“She told us that she was scared, um, because her uncle, Steven Avery, had asked one of her cousins to help move a body.”— Susan BrandtBrandt's account of what Kayla told the counselors; it does not name the cousin.

6. Jodi Stachowski — Direct/Cross

Jodi Stachowski testified about two jail calls to Steven Avery and the layout of his bedroom. After brief cross-examination, the court excused her and recessed for the afternoon.

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Direct
Jodi Stachowski — Direct Jodi Stachowski Kenneth R. Kratz
93 lines

Stachowski recalled two October 31 calls with Steven Avery and described his bedroom as it was before she went to jail.

Cross
Jodi Stachowski — Cross Jodi Stachowski Mark R. Fremgen
10 lines

Stachowski confirmed that the bedroom's August configuration differed from the picture shown.

7. Thomas Sturdivant — Direct/Cross

Special Agent Thomas Sturdivant described suspected bone material near a burn pit, then acknowledged on cross-examination that he could not identify the fragments as human or animal by sight.

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Direct
Thomas Sturdivant — Direct Thomas Sturdivant Thomas J. Fallon
167 lines

Sturdivant described suspected bone material at the burn pit, the Crime Lab's sifting and collection, and the admission of related photographs and objects.

Cross
Thomas Sturdivant — Cross Thomas Sturdivant Mark R. Fremgen
86 lines

Sturdivant placed the van seat beside the burn pit and said suspected bone material needed analysis to establish what it was.

Highlights

Thomas Sturdivant — CrossadmissionSturdivant acknowledged that he could not identify the fragment as human or animal by sight and did not know what the material was when he arrived. He said it needed analysis.

8. Donald Simley — Direct

Forensic dentist Donald Simley found a tooth fragment very consistent with Teresa Halbach's dental x-rays, but called the identification probable rather than positive.

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Direct
Donald Simley — Direct Donald Simley Thomas J. Fallon
190 lines

Simley found burned tooth fragments very consistent with Teresa Halbach's dental x-rays but limited his conclusion to a probable identification.

Highlights

Donald Simley — Directtestimony highlightAfter showing a side-by-side x-ray comparison, Simley called the fragments very consistent with Teresa Halbach's dental x-rays but limited his conclusion to a probable, rather than positive, identification because he had essentially one usable fragment.Donald Simley — Direct“To me, very consistent means that it's a probable identification. Um, positive identification -- I -- I was a little leary of -- of that term, because of the fact that I only, essentially, had one fragment to really work with.”— Donald SimleyStates Simley's conclusion and its express limitation.
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