1.Three Trial Stipulations Read to the Jury
31 lines(Reconvened at 8:38 a.m.)
THE COURT: This is the case of State of Wisconsin vs. Brendan Dassey. It's 06 CF 88. Appearances, please.
MR. FALLON: Morning, Your Honor. May it please the Court, the State continues in its appearance by Special Prosecutors Ken Kratz, Tom Fallon, and Norm Gahn.
MR. FREMGEN: Attorney Mark Fremgen appears with Attorney Ray Edelstein and Brendan Dassey.
THE COURT: Morning, Counsel, morning jurors. Uh, members of the jury, if you recall at the beginning of this case, I gave you some preliminary instructions. One of them concerned evidence. It was evidence defined, and then it said, evidence is, and it -- it gave you three different kinds of evidence.
Uh, the third of that tripartite was something, uh, called a stipulation. Third, evidence is any facts to which the lawyers have agreed or stipulated.
Uh, there also is going to be an instruction later on that, uh, will tell you that the district attorney or, in this case, the special prosecutor and the defense attorney have stipulated or agreed to certain facts. And those facts, uh, would be, as stated, if the particular witness had been called, he or she would have testified as follows.
I'm going to read to you now three agreements or stipulations that the parties have agreed to. These are called trial stipulations. The first is as follows:
Steven Schmitz is a citizen living in New Holstein, Wisconsin, a community approximately 30 miles west of Manitowoc, uh, Wisconsin. -
JoEllen Zipperer is a citizen living in rural Manitowoc County, Wisconsin.
That if called to testify, Steven Schmitz would testify that on October 31, 2005, Teresa Halbach came to the Schmitz property to take a photo of a vehicle for AutoTrader Magazine.
Schmitz would indicate that Halbach was at his residence at approximately 1:30 p.m. Was ' there for approximately ten minutes.. Was wearing a white shirt, waist -- waist-length jacket, and blue jeans.
Schmitz would state that before leaving, Halbach provided Schmitz with the latest AutoTrader Magazine and a bill of sale. Left his property and drove away in her SUV.
That if called to tref -- testify, JoEllen Zipperer would testify that on October 31, 2005, Teresa Halbach came to the Zipperer property to take a photo of a vehicle for AutoTrader Magazine.
Zipperer would indicate that Halbach was at her residence between approximately 2 to 2:30 p.m. Was there for approximately ten minutes. Was wearing a white top, waist-length jacket, and blue jeans.
Zipperer would state that before leaving, Halbach provided her with the latest AutoTrader-Magazine and a bill of sale. Left her property and drove away in her SUV.
Zipperer would finally state that Avery Salvage Yard is no more than a ten-minute drive from her residence in Manitowoc County.
That's the first stipulation. Uh, Counsel?
MR. KRATZ: Yes. And will that be marked as an Exhibit; Judge?
THE COURT: I'm going to have it marked as an exhibit. Now, I just want to have you affirm for the record that this is your stipulation?
MR. KRATZ: That is, Judge.
THE COURT: Likewise, defense?
MR. FREMGEN: Yes, Judge.
THE COURT: Uh, this will be marked as an exhibit, and we'll get to the exhibit -- Well, we -- I guess we'll get to the exhibit number now.
(Exhibit No. 196 marked for identification.)
COURT CLERK: One ninety-six.
MR. KRATZ: One ninety-six? Thank you.
THE COURT: The second trial stipulation is as follows:
Number one. On October 31, 2005, Bobby Dassey was the son of Barb Janda and brother of the defendant, Brendan Dassey. Bobby Dassey lived in the same residence with Barb Janda and Brendan Dassey at the time.
Number two. That if called to testify, Bobby Dassey would state that between 2:30 and 2:45 p.m. on October 31, 2005, he was inside the Janda/Dassey residence where he observed a blue, slash, green Toyota RAV 4 stop outside the residence in close proximity to a maroon van that his mother, Barb Janda, had for sale.
Bobby Dassey would state that he observed a young woman, that he later came to identify as Teresa Halbach, exit her vehicle, take some photos of the maroon van, and walk toward the trailer of Steven Avery.
Bobby Dassey would further state that, after taking a shower, he left the residence at approximately 3:00 p.m. to go deer hunting, at which time he still observed the RAV 4 parked outside his residence, but that Teresa Halbach was not observed.
Bobby Dassey would state that he returned to the residence at approximately 5:00 p.m., and he no longer observed the RAV 4.
That completes the second of the stipulations.
Uh, Counsel -- and here I'm directing my question to the special prosecutor -- is that your stipulation?
MR. KRATZ: It is, Judge.
THE COURT: And counsel for the defense, is that your stipulation?
MR. FREMGEN: That's correct.
THE COURT: It will be marked as Exhibit...
(Exhibit No. 197 marked for identification.)
COURT CLERK: One ninety-seven.
THE COURT: The third stipulation is as follows:
Number one. On October 31, 2005, Scott Tadych was the boyfriend of Barb Janda. Knew the defendant, Brendan Dassey, Steve Avery, and other family members living at the Avery salvage property.
Number two. That if called to testify, Scott Tadych would testify that between 7:30 and 7:45 p.m. on October 31, 2005, he was at the Janda, slash, Dassey property where he dropped off Barb Janda.
Tadych would testify that he observed a large fire in the burn area behind the detached garage of Steven Avery.
Tadych would further indicate that, at the time, he observed Brendan Dassey and Steven Avery standing next to the fire.
To the State, is that your stipulation?
MR. KRATZ: It is, Judge.
THE COURT: The defense, is this your stipulation?
MR. FREMGEN: Yes, Judge.
THE COURT: It will be marked as Exhibit...
(Exhibit No. 198 marked for identification.)
COURT CLERK: One ninety-eight.
THE COURT: Uh, ladies and gentlemen, there will be -- or -- additional stipulations, but not at this time.
MR. KRATZ: Thank you.
THE COURT: You may proceed.