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Brendan DasseytranscripttranscriptAnthony O'Neill — Direct (Part 1) - Day 4 - Brendan DasseyDetective Anthony O'Neill described his police-car interview with Brendan Dassey. The recording was played and admitted as Exhibit 201.
Thomas J. FallonKenneth R. KratzRaymond L. EdelsteinMark R. FremgenJerome L. FoxAnthony O'NeillMR. FALLONTHE COURTCourt ClerkAnthony O'NeillMR. EDELSTEINMR. KRATZMR. FREMGENdirectprocedural
Brendan Dassey/Day 4/April 19, 2007
6 pages·4 witnesses·1,626 lines
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.
DirectDirectAnthony O'Neill — Direct Anthony O'Neill Thomas J. Fallon

MR. FALLON: State at this time would call Detective Anthony O'Neill. It may take us a moment to set up.

THE COURT: That's fine. Just come here, remain standing, and take the oath, please. -

ANTHONY O'NEILL, 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.

ANTHONY O'NEILL: Anthony John O'Neill, O'-N-e-i-1-l.

DIRECT EXAMINATION BY ATTORNEY FALLON:

MR. FALLON: While we're, um -- While we're setting up here, I'll ask some preliminary questions. For whom are you employed, sir?

ANTHONY O'NEILL: The Marinette County Sheriff's Department.

MR. FALLON: And, um, how long have you been employed at the Marinette County Sheriff's Department?

ANTHONY O'NEILL: Approximately 18 years.

MR. FALLON: And in what capacity are you currently employed?

ANTHONY O'NEILL: A detective. ;

MR. FALLON: And how long have you been a detective, sir?

ANTHONY O'NEILL: Since 1998.

MR. FALLON: And during your time as a detective, have you been asked to interview both witnesses and suspects in your capacity as a detective with the Sheriff's Department?

ANTHONY O'NEILL: Yes, I have.

MR. FALLON: And, um, uh, during the course of your, uh, time at the Marinette County Sheriff's Department, have you participated in homicide investigations?

ANTHONY O'NEILL: Yes, I have.

MR. FALLON: Approximately how many investigations, uh -- homicide investigations have you been involved in?

ANTHONY O'NEILL: I'd say about eight.

MR. FALLON: All right. And in terms of general investigative experience, um, how -- how -- how many investigations? Any reference?

ANTHONY O'NEILL: It's the bulk of my job.

MR. FALLON: Okay. Fair enough. Um, I'd like to direct your attention to a particular day, and that would be, Sunday, November 6, 2005, shortly before noon. On that day, um, did you have occasion to assist the Calumet County Sheriff's Department, and the Wisconsin Department of Justice investigation involving the missing person of Teresa Halbach?

ANTHONY O'NEILL: Yes, I did.

MR. FALLON: And, first of all, tell us how you became involved?

ANTHONY O'NEILL: On the previous day, uh, our office was contacted by the Calumet County Sheriff's Department and asked to assist them in speaking to the Avery family. The family maintains a property in Town of Stephenson in Marinette County.

Uh, our understanding was that the Avery family was at that property and, uh, Teresa Halbach would have been at the Avery property in Manitowoc County previous to coming up there, and she was reported as a missing person.

MR. FALLON: All right. And, um, who, if anyone else, from your Department was involved in assisting the Department of Justice and Calumet County Sheriff?

ANTHONY O'NEILL: Primarily myself. Uh, Detective Todd Baldwin, uh, Sergeant Michael Siegert (phonetic) and some patrol officers as well.

MR. FALLON: All right. And, again, um, particularly with respect to the, um, late morning, almost noon hour, what role were you asked to, um, fulfill by the Department of Justice and Calumet County Sheriff?

ANTHONY O'NEILL: Uh, we had arrived at the Avery property a little earlier in the day, and, uh, completed some of the interviews that we started the day before. Um, we were also, in preparation of an -- or anticipating a search warrant for the, uh, two vehicles that were located at the Avery property.

MR. FALLON: All right. Now, it might be of some help if you kind of direct that microphone a little bit closer to your -- your mouth, or maybe tip it up a little, I guess.

ANTHONY O'NEILL: Okay. Is that better?

MR. FALLON: Yep. Yeah, that's better. Maybe the end -- Just straighten the end out. There you go. That should do it. All right. Um, what were you asked to do?

ANTHONY O'NEILL: Um, we were asked to stand by the Avery property in anticipation of a search warrant being completed.

MR. FALLON: All right. And what kind of, um -- What was being -- What was the object of the search?

ANTHONY O'NEILL: Uh, the seizure of, uh, Steven Avery's Pontiac Grand Am, I believe it was, and also the, uh, Avery Auto Salvage flatbed towing vehicle that was at that property in the town of Stephenson.

MR. FALLON: All right. And, um, who else, um, in addition to members, of the Marinette Sheriff's Department, uh, were present to assist in the execution of the warrant?

ANTHONY O'NEILL: Uh, also with us was a Department of Justice special agent, Kim Skorlinski.

MR. FALLON: All right. Uh, did there come a time where you executed, um, the search warrant and seized the, um, vehicle in question?

ANTHONY O'NEILL: Uh, yes. The vehicle actually left the premises with two occupants and, uh, we subsequently stopped the vehicle in anticipation of the search warrant and seized the vehicle.

MR. FALLON: All right. And, um, who were the occupants of the vehicle at the time of your seizure?

ANTHONY O'NEILL: Uh, the driver of the vehicle would have been, um, Bryan Dassey, and the passenger would have been Brendan Dassey.

MR. FALLON: All right. And the passenger, Brendan Dassey, um, do you recognize him as being present in the courtroom today?

ANTHONY O'NEILL: Uh, yes, I do.

MR. FALLON: And would you briefly point out where he is seated for the benefit of, um, Court and jury?

ANTHONY O'NEILL: Uh, Mr. Dassey's seated to the left of your -- of me, wearing a white, long-sleeved shirt, uh, pair of glasses, dark-colored pants, and I believe a pair of sneakers.

MR. FALLON: All right.

MR. FALLON: The record reflect the witness has identified the accused?

THE COURT: So reflect.

MR. FALLON: (By Attorney Fallon) What happened when you stopped the vehicle with the two, uh, passengers? The defendant and his brother?

ANTHONY O'NEILL: When I approached the vehicle, I intro -- introduced myself to the driver, and al, Mr. -- also, Mr. Dassey. Um, stated for them we had a search warrant for the vehicle, and that we needed them to exit the vehicle, and that we would, uh, provide them a ride back to the Avery property.

MR. FALLON: Now, at that particular point, did you, um, decide to interview either one of the occupants of the vehicle?

MR. FALLON: What did you do?

ANTHONY O'NEILL: Uh, I asked Mr. Dassey if he'd be willing to talk to me in my vehicle, and he told me that he was not under arrest, free to leave at anytime. And, uh --

MR. EDELSTEIN: Can we identify which --

MR. FALLON: We'll get there.

THE COURT: Well, have him identify which Mr. Dassey.

MR. FALLON: I was just about to do that.

MR. FALLON: (By Attorney Fallon) Um, since there are two Dassey's here, if -- if you would refer to them both by their first and last name, that would help, okay?

MR. FALLON: Um, did you, um, interview either one or both of . them?

ANTHONY O'NEILL: I interviewed Brendan Dassey.

MR. FALLON: All right. And who, if anyone else, participated in the interview of Brendan Dassey?

ANTHONY O'NEILL: Detective Todd Baldwin.

MR. FALLON: All right. And, um, while you were interviewing Brendan Dassey, uh, what was going on with Bryan Dassey, if you know?

ANTHONY O'NEILL: Uh, Bryan Dassey was being interviewed by Agent Skim (sic) Skorlinski and his partner.

MR. FALLON: Um, where did the interview of the defendant, Brendan Dassey, take place?

ANTHONY O'NEILL: In my unmarked police car.

MR. FALLON: All right. Now, um, during the course of, uh, uh -- Well, let's ask it this way. Approximately how long or how much time did you spend -- you and/or Detective Baldwin spend -- interviewing, uh, Brendan Dassey?

ANTHONY O'NEILL: I believe it was just over -- a little bit over an hour.

MR. FALLON: And during the course of the interview, was there, uh, free give and take between the participants in the conversation?

ANTHONY O'NEILL: Uh, yes, there was.

MR. FALLON: All right. And at any point during the course of your conversation, your interview of the defendant, Brendan Dassey, did he ask you to, um -- to leave?

MR. FALLON: All right. Did he ask or make any other requests of you during the course of the interview that you recall?

ANTHONY O'NEILL: No, he did not.

MR. FALLON: All right. Um, during the course of the interview, did he refuse or decline to answer any of your questions?

ANTHONY O'NEILL: No, he did not.

MR. FALLON: All right. Now, um, this interview, was it recorded in any way?

ANTHONY O'NEILL: Yes, it was.

MR. FALLON: All right. Tell us about what recording device and how that came to pass?

ANTHONY O'NEILL: Uh, in my car I have a digital audio recorder. It's just a small pocket one. And, uh, uh, during the interview, it was in the record position, and, uh, once it was recorded, I, uh, archived it to our department computer, and, uh, subsequently sent, um, to the district attorney, a copy of that audio file. Actually, two audio files.

MR. FALLON: All right. Now, um, let me ask you this: Where, in the vehicle, was your recorder?

ANTHONY O'NEILL: It was in my visor. I have a visor caddy, so it's placed up there.

MR. FALLON: All right. And, um, who sat in the, um -- the front seat of the car?

ANTHONY O'NEILL: I sat in the driver's seat, Detective Baldwin in the passenger front.

MR. FALLON: All right. And where did Mr. Dassey sit?

ANTHONY O'NEILL: Uh, Brendan sat in the back seat passenger side.

MR. FALLON: All right. Now, um, during the course of this, was -- or -- did Mr. Dassey, um, audibly respond to all of your questions?

ANTHONY O'NEILL: For the majority, yes, but he's a very much nonverbal responder as well.

MR. FALLON: All right. So what type of nonverbal responses or cues were you receiving from him during the course of the interview?

ANTHONY O'NEILL: Uh, sometimes he'd go, um-hmm. In that sense, not an affirmative, yes or no. Or a, ugh-ugh. And then, uh, those were the responses that were outside, yes or no, or any explanation, but then we also look at nonverbal-type responses as well.

MR. FALLON: All right. And did you receive, um, uh, from time to time, nonverbal responses during the course of this?

ANTHONY O'NEILL: Uh, very much so.

MR. FALLON: All right. And, um, thus, the recording that, uh, we're about to play does not, um, contain all of the -- there's no know way of capturing the nonverbal responses?

ANTHONY O'NEILL: That's correct.

MR. FALLON: All right. Um, during the course of this, um, interview, did you promise Mr. Dassey anything in an effort to get him to, um, talk to you?

MR. FALLON: Very well.

ProceduralProc.Recorded interview playback and closed-caption ruling

MR. FALLON: Um, Your Honor, at this time I guess we would, um, begin to play the interview, recognizing that it -- it may go, and will go, longer than 12:00. So do you have an idea as to when you'd like us to -- Yeah. We do have -- There is two parts to it, so we might be able to take a break at the end of part one.

THE COURT: How long is part one?

MR. FALLON: Probably about a half an hour.

THE COURT: Okay. Then let's do that.

MR. FALLON: All right.

THE COURT: Start the playing, and we'll -- we'll cut out after part one.

MR. FALLON: Okay. Very well.

THE COURT: All right. Do you want this taken by the re -- by the reporter?

MR. KRATZ: No. We actually have a copy for the Court, Judge. I -- I don't have any objection to --

MR. KRATZ: -- the --

THE COURT: Counsel?

MR. KRATZ: -- reporter not taking it.

MR. FREMGEN: Just one moment.

THE COURT: While they're talking, is there a transcript as well?

MR. FALLON: I believe we have a -- this is a closed caption, so it will be a -- a read-along or follow-along --

THE COURT: I -- I -- I understand that. But is there a separate trans -- Has someone transcribed this?

MR. KRATZ: We can check, Judge.

MR. EDELSTEIN: Your Honor, I don't believe it would be necessary for the rep -- I don't believe it would be necessary for the reporter to, uh, take this portion down so long as it consists solely of the audio, um, that this witness has described, and we're not stopping and starting for questions of the witness.

THE COURT: And -- and is that, uh -- Mr. Fallon, is that what you intend to do? To -- to play this completely?

MR. FALLON: Yes. Yes. We're going to play this one, uh, at least, um, I would say, pretty much all the way through and then we'll have some follow-up questions for Detective O'Neill, and, perhaps, for Detective Baldwin, as well, and tender them for cross. Um, Counsel is providing me -- We do have a, um -- a typed transcript that we could utilize as an exhibit, or our preference was simply going to be to mark, uh, the audio copy as the official record and --

THE COURT: All right.

MR. FALLON: -- use that as an exhibit.

THE COURT: Any objection to doing that, Counsel?

THE COURT: Marking the audio copy?

MR. FREMGEN: That's fine.

THE COURT: Or the CD?

THE COURT: Okay. That, then, would be Exhibit 201?

COURT CLERK: It will. Um-hmm.

(Wherein CD is played.)

(Wherein CD is stopped.)

MR. EDELSTEIN: May we approach?

(Discussion off the record.)

THE COURT: All right. Proceed.

(Wherein playing of CD continues.)

THE COURT: Is that the first disk?

MR. FALLON: That's the first half, or -- We're about halfway through, so it probably would be a good time.

THE COURT: Sure. Uh, we'll break for lunch. We'll be back here at 1:15. Ladies and gentlemen, I'll remind you, don't talk about this among yourselves or with anyone else. We'll see you at 1:15.

(Recess had at 11:59 a.m.)

(Reconvened at 1:10 p.m.; jurors not present.)

THE COURT: Before we have the jury back here, it's my understanding, uh, Mr. Edelstein, that you wish to put some matters on the record?

MR. EDELSTEIN: Yes, Your Honor. Thank you. Um, not long after the last witness, uh, Detective O'Neill, took the stand and the Government started playing an audio of an interview of November 6, 2005, we did have a bench conference and, for the record, I'm asking the Court to memorialize that. Um, we'd have an objection to the visual display of the closed captioning with the highlighting of the line purportedly being broadcast, uh, through the audio, being highlighted in a very bright yellow.

Um, as the Court I'm sure is aware, the courtroom is set up with these monitors. I think everybody could agree that the jury is pretty much split down the middle, some looking to the left, some looking to the right, in order to try to follow along.

The only graphic on the screen is, in fact, I believe a clock timer showing the duration of the playing of the recording, as well as the closed caption, if you will. But it does contain the highlighted yellow portion.

It's, specifically, to the yellow portion, that we object. I believe it places an undue emphasis on the printed word as opposed to the spoken word, which is really the place the jury should be focusing, not on somebody else's transcription of what they believe to be the conversation to be.

And, for that reason, we have objected, and do continue to object, to the yellow highlighting. We have no objection to the display of the rendition, um, particularly if the Court were to give the instruction, I believe, the parties have agreed upon.

THE COURT: Before I ask for a response from you, Attorney Fallon, uh, I think what Mr. Edelstein has said accurately summarizes his objection raised at a bench conference. To put it in a little context, uh, the yellow highlighter that he is referring to, moves down the printed text that appears on a screen, and, uh, it does -- excuse me -- it did does so, uh, in a manner that -- that follows in a -- in a rough way, in an approximate way, the spoken, uh, matter that comes over the -- the audio portion of the, uh -- uh, of the tape. Now, Mr. Fallon.

MR. FALLON: Yes. Thank you, Judge. Um, I understand Counsel's concern, but, um, I guess I have two practical responses. Um, first and foremost, I don't believe -- and this is, of course, a judgment call on the part of the Court -- but, um, I don't believe that the highlighting necessarily, um, overemphasizes the particular line which is being broadcast or spoken at that very moment.

In fact, the whole idea for the captioning and the yellow line is to try as best as possible to sync together the audio, uh, words, with the written word, and, thus, make it easier to follow, especially, I might add, ina case where one of the participants in the conversation is a very soft-spoken individual, and there is some distance between that individual and the recording device.

Um, so in that regard, I do not believe that it overemphasizes this, because it's a momentary thing, and as the yellow line, or highlighter, or cursor, follows the conversation, in -- in -- in that regard, so I don't think it's an overemphasis.

Secondly, and, uh, equally important, if -- or, if not, more so, is the fact that there -- there is an in -- instruction that we've agreed on. Um, Counsel has, uh, written it up, Counsel for the defense, and -- and I would encourage the Court, uh, to read the instruction, uh, to the jury at each and every point that we're going to play one of these, um, audio recordings, whether they are closed captioned or not, because the instruction is, and we're all -- I think all the attorneys are in agreement that the law is that the jury must first rely and trust the spoken word rather than the written word, if there's some incongruence, and I -- I think that would take care of the matter.

THE COURT: Presumably, what you have in your hand is the instruction?

THE COURT: Why don't you bring it up here. All right. And Mr. Edelstein, you've agreed to this instruction?

MR. FREMGEN: I actually drafted the instruction, Judge.

THE COURT: Presumably, that means you agree?

MR. FREMGEN: Yes, we do.

THE COURT: All right. All right. The Court is going to find just, uh -- just as -- for the record here, that the yellow highlighter, I believe, to be an -- a -- an -- an assist to the trier of fact in this case. That some portions of the audio are, uh, seemingly, disjunctive in that one of the participants is in the backseat of the car, two of them are in the front seat of the car. There -- there isn't, uh, perfect timing in doing this.

The yellow highlighter, uh -- the yellow highlighter brings to the -- the screen the attention of the listener exactly what is being said, and Court finds that to be an assist to the jury, which is the trier of fact, without depreciating from either the value or the nuance of any of the -- or nuances of any of the words that are -- are being spoken.

With that said, however, I will, uh, at the, apparently, joint request of counsel, read to the -- the jurors each time that we -- we undertake either an audio or a audio visual, uh, this particular instruction.

All right. Anything else before we bring the jury back in?

MR. FALLON: No. Uh, I would indicate that we'll be, uh, resuming with, uh, Detective O'Neill. I will ask him, oh, probably a half dozen or so questions right now just to break things up, and then we'll play the balance of, uh, this interview, and there'll be a few more questions, and then Mr. Edel -- Edelstein will cross.

THE COURT: All right. Detective, why don't you come back up here. Let's get the jury back in. I'll instruct them, and then you may proceed.

MR. FALLON: Thank you.

THE COURT: You're welcome.

(Jurors in at 1:19 p.m.)

THE COURT: Be seated. We're set to proceed this afternoon. Before we do, uh, ladies and gentlemen, I've been asked, and have agreed, to read this instruction to you.

Closed captioned transcripts have been added to the audiotape that you're listening to. 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. All right. You may begin.

DirectDirectAnthony O'Neill — Direct Anthony O'Neill Thomas J. Fallon

MR. FALLON: Before we begin with part two of the interview, uh, Detective, I wonder if you could answer a couple of questions and put things in perspective for us? Um, first of all, a -- on November 6, this interview is indicated during the noon hour, um, there seems to be a -- a fair amount of, um, in and out of the car by yourself and Detective Baldwin. Can you explain to us what's going on?

ANTHONY O'NEILL: Uh, during the interview, I was conferring with, uh, Special Investigator Skorlinski from the Department of Justice, as he was also conferring with, uh, agents that were in the Manitowoc area at the Avery residence and the salvage yard.

MR. FALLON: And, at this time, uh, on November 6, how much did you know in terms of the, uh, advancement, as it were, of the investigative efforts?

ANTHONY O'NEILL: Um, not much more than what I knew the day before, and that was very minimal as well.

MR. FALLON: All right. And what was that? I mean...

ANTHONY O'NEILL: Um, our initial request was for the assistance and trying to obtain information from witnesses that had last seen Teresa Halbach, which would have been the Avery family, or particularly, Steven Avery, and outside of that, uh, we were made aware that Teresa Halbach's vehicle was found in the Avery Salvage Yard on that Saturday, as well as, I think only that Sunday, that there was a, uh -- or it was a Saturday, a burn barrel that had been -- uh, some charred pieces of electronics that were found inside of it as well. I think that information was about the only information that we had outside of Teresa Halbach being missing.

MR. FALLON: All right. And so were these, um, entries and exits of the vehicle are efforts on the depart of you and Detective Baldwin to learn more of the state of the investigation?

ANTHONY O'NEILL: Uh, yes. It was more of so to help clarify information that we were either -- or receiving from Brendan or, uh, not hearing.

MR. FALLON: All right. Now, um, there were, uh -- One point here, um, there was a question that was asked of you by the, um, defendant, Mr. Dassey, um, about did he do it? Where did that come from?

ANTHONY O'NEILL: Um, I don't know. I mean, it came from Mr. Dassey, and, uh, it was kind of confusing along the idea that he talked about, uh, you know, do you think he raped her? And, uh, up until that point there was never even anything mentioned about any type of, uh, sexual assault, or homicide, or kidnapping, or anything, other than, uh, Teresa Halbach being at the Avery property and missing.

MR. FALLON: All right. Very well. I think we'll, un, continue with the presentation of the interview.

(Wherein playing of CD continues.)

(Wherein playing of CD ends.)

MR. FALLON: (By Attorney Fallon) Detective, O'Neill, where were you when the -- the tape ends in terms of physically?

ANTHONY O'NEILL: Uh, seated in the driver's side of my car.

MR. FALLON: All right. And where was your vehicle? Had Brendan been returned yet to the family, uh, residence up in Crivitz? Or were you still on the roadside there?

ANTHONY O'NEILL: Still on the roadside, just getting to return him back to there.

MR. FALLON: All right. And, um, after the interview was completed where, uh, was Brendan taken?

ANTHONY O'NEILL: Uh, back to the cabin on the Avery property.

MR. FALLON: All right. And do you know, uh, who, um, provided transportation for him?

ANTHONY O'NEILL: I believe I did.

MR. FALLON: All right. Uh, do you know who was, uh, present, uh, uh, at the, uh, Avery property when you, uh, dropped him off?

ANTHONY O'NEILL: I don't recall.

MR. FALLON: All right. Um, in terms of, um, this investigation, did you have an opportunity to speak with a -- a variety of -- of family people up there?

MR. FALLON: Generally, then, just who was there, uh, during the days that you were assisting in this investigation?

ANTHONY O'NEILL: Uh, Charles Avery, Steven Avery, uh, his father, whose names escapes me. Uh, he -- that he refers to as grandpa. Uh, his grandmother, uh, his brother, Bryan, and I believe that's all I could recall.

MR. FALLON: All right. Now, first of all, tell us, generally, about, um, Mr. Dassey's, uh, demeanor, uh, during the course of your interview with him? Looks like, according to the tape, about an hour and twenty minutes total?

ANTHONY O'NEILL: Um, I interview a lot of people, and, uh, Mr. Dassey's demeanor was, uh, different in that during conversation he was almost to a point of being, uh, engaged when he wanted to be and disengaged when he didn't want to be. Just as what I'm observing a lot today.

MR. FALLON: All right.

ANTHONY O'NEILL: Um, if it was a -- if it was something that we were talking about that he was okay to talk about, he was actively engaged. He'd tell you about it, bang, bang, bang, and move on.

When it came to specifics regarding Teresa Halbach, Steven Avery, what happened on that day, he wasn't as engaged, and he went into a inner struggle, physically. He'd sit there, head down, withdrawn, motionless, answers would be muffled. Uh, totally contrary to what he chose to be involved with or engaged with.

It was his demeanor that I felt, from all the years of training and experience I've had with dealing with people, an inner struggle, a conflict. He was hiding something. It was not going be a ten-minute interview as to what he saw. There was something more.

MR. FALLON: In speaking that, in terms of just, generally, the -- the amount of information that you were able to obtain from, um, Mr. Dassey, I mean, ordinarily, how much -- if -- if someone was freely to give that information, how long would this interview have taken?

ANTHONY O'NEILL: From what, in totality, he had told -- he had told us, or wanted us to believe, as far as his time in -- in being there, seeing Teresa Halbach, seeing interaction between her and Steven Avery, it should have taken us ten minutes.

MR. FALLON: All right. How long did the interview of, uh, the other brother last?

ANTHONY O'NEILL: Not long at all. He was in and out of the car with Agent Skorlinski, uh, way before, uh, Brendan.

MR. FALLON: All right. Now, there -- there was some discussion about him being choked up, and sweating, and things of that sort. Tell us about that?

ANTHONY O'NEILL: Well, physically, you know, he even mentioned about his eyes watering. I mean, we're all three sitting in the car. It's November. And, of course, I got in and out of the car a lot. But he's in the backseat sweating like crazy, and I think even the other officer noticed that as well.

Uh, his body posture, his body language. Just as I'm sitting here with you today in the openness. I mean, his was just totally different. And, you know, from what I've seen in my experience, it was that that would, uh, suggest to me that there's something there. Uh --

MR. FALLON: Your Honor, I believe we've marked that, um, CD. Does -- Roberta, do you have that?

COURT CLERK: Yes.

MR. FALLON: That's Exhibit 201?

COURT CLERK: Yep.

MR. FALLON: Uh, we would move into evidence Exhibit 201. Uh, if the Court or Counsel desires, we can provide a written transcript to accompanying it, and maybe make it 208-A, if there's a need. But, otherwise, we would move into evidence Exhibit 201 and tender the witness for cross.

THE COURT: Uh, Counsel, any objection? Other than that previously noted?

MR. EDELSTEIN: As to the transcript, Your Honor, I would -- As to the transcript, uh, I would at this time, uh, subject to, perhaps, some agreed upon corrections, no objection to the disk, itself.

THE COURT: All right.

MR. FALLON: That's fine.

THE COURT: Okay. It's received. Uh, you may cross.

Continue to next page5.Anthony O'Neill — Cross/Redirect/Recross (Part 2)