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Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonRaymond L. EdelsteinMark R. FremgenAnthony O'NeillRodney PevytoeMark WiegertLeslie EisenbergdirectcrossredirectrecrossDay 4 - April 19, 2007Pevytoe and Eisenberg testified about burned remains, while O'Neill faced questions about his recorded interview of Brendan Dassey. The jury also heard stipulated accounts, and Wiegert began testimony about Kayla Avery's reports to investigators.
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Day 4 - April 19, 2007

Burn Pit and Bone Testimony, Dassey Interview, and Wiegert's Account

Judge Jerome L. Fox
11Proceedings
6Pages
4Witnesses
1,626Lines
Day 4 of 9
Appearing:
Thomas J. Fallon Raymond L. Edelstein Mark R. Fremgen Anthony O'Neill Rodney Pevytoe Mark Wiegert Leslie Eisenberg

Pevytoe and Eisenberg testified about burned remains, while O'Neill faced questions about his recorded interview of Brendan Dassey. The jury also heard stipulated accounts, and Wiegert began testimony about Kayla Avery's reports to investigators.

Full day summary

Judge Fox read agreed statements describing what several witnesses would testify about Teresa Halbach's October 31 appointments, Bobby Dassey's observations, and a fire Scott Tadych reported seeing with Brendan Dassey and Steven Avery beside it. Fire investigator Rodney Pevytoe described fragments he identified as bone embedded in burned tire wire at the Avery-property burn pit. He estimated the wire represented more than five steel-belted tires but could not say when they burned or give an exact time needed to consume a body in an open fire. Forensic anthropologist Leslie Eisenberg described heavily burned human remains, identified two skull defects as gunshot entry injuries, and gave her opinion of homicidal violence. She also identified burned human bone from Burn Barrel No. 2. On cross-examination, she said she could not determine whether the person was alive when the gunshot wounds occurred. The judge later read a stipulation describing Dr. Jeffrey Jentzen's medical opinion on Halbach's cause and manner of death. Detective Anthony O'Neill testified about his November 6 interview of Brendan Dassey. The interview CD was played and admitted; after an objection to highlighted captions, the judge instructed jurors to rely on the audio if the two differed. On cross-examination, O'Neill acknowledged that investigators had no basis for a statement about Halbach needing daily medicine and that an officer first raised the possibility of her entering Avery's trailer. On redirect, he said Dassey resisted that suggestion. Investigator Mark Wiegert then recounted statements Kayla Avery attributed to Brendan during her interviews with investigators and identified her written statement.

1. Three Trial Stipulations Read to the Jury

Judge Fox read three stipulations to the jury on Day 4 about anticipated testimony concerning Teresa Halbach’s October 31 visits, Bobby Dassey’s observations that afternoon, and a fire Scott Tadych said he saw that evening.

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Procedural
Morning session opening and appearances
4 lines
Procedural
Three trial stipulations read to the jury
27 lines

The judge read three agreed stipulations to the jury covering Halbach's October 31 visits, Bobby Dassey's RAV4 observations, and Scott Tadych's account of an evening fire.

Highlights

Three trial stipulations read to the juryevidence eventThe judge read the agreed account of Scott Tadych's observation of a fire with Brendan Dassey and Steven Avery beside it; both sides confirmed it, and it was marked Exhibit 198 for identification.

2. Rodney Pevytoe — Direct/Cross

Fire investigator Rodney Pevytoe described suspected remains and tire wire from burn-pit debris, then clarified on cross-examination what had been removed before he arrived and the limits of his tire-count estimate.

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Direct
Rodney Pevytoe — Direct Rodney Pevytoe Thomas J. Fallon
157 lines

Rodney Pevytoe described suspected remains recovered from burn-pit debris, bone material he identified within tire wire, and his qualified opinions about the fire's fuel and duration.

Cross
Rodney Pevytoe — Cross Rodney Pevytoe Mark R. Fremgen
96 lines

Pevytoe described his examination of burn-pit material and qualified what tire remains could show about the fire's timing, fuel, and heat.

Highlights

Rodney Pevytoe — Directtestimony highlightPevytoe linked residue and oxidized wire at the pit to burned tires and said he found fragments he identified as bone embedded within the wire.

3. Leslie Eisenberg — Direct/Cross

Forensic anthropologist Leslie Eisenberg testified about burned human remains and two skull defects she identified as gunshot entry injuries. Cross-examination addressed the limits of her findings, followed by an agreed stipulation about Dr. Jeffrey Jentzen's testimony.

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Direct
Leslie Eisenberg — Direct Leslie Eisenberg Thomas J. Fallon
275 lines

Eisenberg identified burned remains as those of a female younger than about 30 to 35, described two skull defects she attributed to gunshots, and identified human bone in Burn Barrel No. 2.

Cross
Leslie Eisenberg — Cross Leslie Eisenberg Mark R. Fremgen
45 lines

Eisenberg qualified what she could determine about the gunshot wounds; the judge then read a stipulation on Dr. Jentzen's cause-of-death opinion.

Highlights

Leslie Eisenberg — Directtestimony highlightEisenberg gave her opinion of homicidal violence and explained why she identified internal beveling on a left parietal fragment as a gunshot entrance wound.Leslie Eisenberg — Directtestimony highlightEisenberg testified that Burn Barrel No. 2, near the Dassey/Janda property, contained burned human bone fragments from several parts of the body.Leslie Eisenberg — Crosstestimony highlightAsked whether the person was alive when the gunshot wounds occurred, Eisenberg said she could not determine that within her field of expertise. She maintained that the wounds would have contributed to death if the person had been alive.Leslie Eisenberg — Cross“I cannot make that determination. That's not within my field of expertise.”— Leslie EisenbergEisenberg expressly limited what she could determine about whether the person was alive when the gunshot wounds occurred.

4. Anthony O'Neill — Direct (Part 1)

Detective Anthony O'Neill described his police-car interview with Brendan Dassey. The recording was played and admitted as Exhibit 201.

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Direct
Anthony O'Neill — Direct Anthony O'Neill Thomas J. Fallon
208 lines

O'Neill described and played his recorded interview of Brendan Dassey; the judge allowed highlighted captions but instructed jurors to rely on the audio if the two differed.

Highlights

Anthony O'Neill — Directevidence eventThe interview CD was marked Exhibit 201 and played for the jury.Anthony O'Neill — DirectrulingThe defense objected to yellow highlighting on the closed captions. The judge allowed it as an aid to the jury and instructed jurors to rely solely on the audio if it differed from the captions.Anthony O'Neill — Direct“If you believe in listening to the audio concurrently while reading the closed captioned words, that there is a variation between the audio and the closed caption, you are to rely solely on the audio.”— Jerome L. FoxThe judge told jurors which source controlled if the audio and captions differed.

5. Anthony O'Neill — Cross/Redirect/Recross (Part 2)

Detective Anthony O'Neill's Day 4 testimony addressed investigators' statements and questions during Brendan Dassey's November 6 interview. The court then received defense exhibits and an agreed stipulation about Teresa Halbach's AutoTrader work.

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Cross
Anthony O'Neill — Cross Anthony O'Neill Raymond L. Edelstein
609 lines

Cross-examination tested O'Neill's recollection and interview tactics; he acknowledged an unsupported medicine statement, a statement about jail, and an officer's leading trailer question.

Redirect
Anthony O'Neill — Redirect Anthony O'Neill Thomas J. Fallon
81 lines

O'Neill clarified his interview tactics, said Dassey resisted the trailer suggestion, and identified a photograph that the judge admitted.

Recross
Anthony O'Neill — Recross Anthony O'Neill Raymond L. Edelstein
37 lines

O'Neill described limits on his knowledge and contact with Dassey; the judge received two defense-offered exhibits and an AutoTrader appointment stipulation.

Highlights

Anthony O'Neill — CrossadmissionO'Neill initially said investigators told Brendan no lies, then characterized Baldwin's statement about Teresa needing daily medicine as investigative deception and acknowledged that neither officer had a basis for believing it was true.Anthony O'Neill — Cross“It's standard deception practice used by investigators.”— Anthony O'NeillO'Neill characterizes the unsupported medicine statement as an investigative tactic.Anthony O'Neill — RedirectadmissionO'Neill said officers suggested more than once that Teresa had been in Steven Avery's trailer, but Dassey did not adopt the suggestion and resisted it firmly.

6. Mark Wiegert — Direct (Part 1)

Investigator Mark Wiegert testified on Day 4 about Kayla Avery's interviews and how her February 20 account contributed to the decision to interview Brendan Dassey.

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Direct
Mark Wiegert — Direct Mark Wiegert Thomas J. Fallon
87 lines

Wiegert described how Kayla Avery's interviews prompted further questioning of Brendan Dassey and recounted what she later told investigators and wrote in Exhibit 163.

Highlights

Mark Wiegert — Directtestimony highlightWiegert recounted what Kayla told investigators in a later interview about statements she attributed to Brendan, including seeing Teresa Halbach in Steve Avery's bedroom, hearing screaming, and seeing body parts in a fire. He identified Exhibit 163 as a statement Kayla wrote herself on March 7.
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