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Brendan DasseytranscripttranscriptMark Wiegert — Cross (Part 3) - Day 5 - Brendan DasseyEdelstein questioned Wiegert about Dassey’s interviews and the physical evidence on Day 5; cross-examination remained unfinished at adjournment.
Thomas J. FallonRaymond L. EdelsteinJerome L. FoxMark WiegertMR. EDELSTEINMark WiegertMR. FALLONTHE COURTcross
Brendan Dassey/Day 5/April 20, 2007
4 pages·1 witness·958 lines
Mark Wiegert testified about Brendan Dassey’s interviews, including deceptive questioning, drawings, and the garage search. The judge limited the defense’s proposed use of Dassey’s February 27 answers, and cross-examination continued through adjournment.
CrossCrossMark Wiegert — Cross-examination resumes Mark Wiegert Raymond L. Edelstein

MR. EDELSTEIN: (By Attorney Edelstein) Detective Wiegert, on direct you described for the benefit of -- of the State and the jury different techniques, um, that are a common time, oftentimes, employed in the interview of individuals; correct?

MR. EDELSTEIN: All right. One of those you described as the superior knowledge tactic; right?

MARK WIEGERT: That's true.

MR. EDELSTEIN: And one you, um, described in an effort to ultimate -- the goal being to, quote, take defensive layers off; right?

MARK WIEGERT: That's true.

MR. EDELSTEIN: And I believe you used the -- the phrase, to befriend the, uh, interviewee?

MR. EDELSTEIN: All right. So in connection with that, uh, it wouldn't be unusual for you to say or -- say things intended to, uh, have this individual like you?

MARK WIEGERT: Yeah. That's the goal.

MR. EDELSTEIN: And it wouldn't be unusual to say things to have the individual believe you; right?

MARK WIEGERT: That's true.

MR. EDELSTEIN: Okay. Now, again, um, going back to the 27th -- Well, before we get to the exhibit, is it fair to say that as part of this process, and I'm speaking of the 27th, that you and your partner utilized a technique by directly appealing to the emotions of Brendan Dassey?

MARK WIEGERT: I think that would be fair.

MR. EDELSTEIN: And you did that how many times, if you know, on the 27th?

MARK WIEGERT: I'd have no idea.

MR. EDELSTEIN: On the 27th, um, there were very distinct lies told to the defendant, were there not?

MARK WIEGERT: We'd have told the defendant many untruths. Yes.

MR. EDELSTEIN: Any idea how many?

MR. EDELSTEIN: Now, as of November 15, 2005, you knew from Eisenberg, the forensic pathologist, that there were gunshot wounds to the head of Teresa Halbach; correct?

MARK WIEGERT: I can't comment on the date without seeing a report with the date on. It was in that time frame. I know that. But the exact date, I don't know.

MR. FALLON: Excuse me. Did -- Did you say two thousand -- November 15, 2005 or 2006?

MR. EDELSTEIN: I believe five.

MARK WIEGERT: Well, that would be incorrect, then.

MR. EDELSTEIN: (By Attorney Edelstein) Prior to speaking with Brendan on the 27th -- Well, let me ask you this: Were you present when the statement was made to Brendan? And it might help you, uh -- I haven't marked this quite yet, but could you take a look at this? And, if you can, tell me if you know what it is? And mark it with whatever the next number is?

MARK WIEGERT: Sure. It's a, um, report of the interview from February 27, '06 of Brendan Dassey.

MR. EDELSTEIN: Okay. Does it also contain a transcript of the reported conversation between yourself, Fassbender, and Brendan?

MR. EDELSTEIN: Okay. And, for the record, we'll mark that as 215.

(Exhibit No. 215 marked for identification.)

MR. EDELSTEIN: And that's, uh, something, I take it, you've had an opportunity to review before?

MR. EDELSTEIN: Directing your attention almost to the bottom of the middle paragraph, if you will, you were -- First of all, you were present throughout this entire, um, conversation we'll call it?

MR. EDELSTEIN: Okay. Does it not reflect the statement made in your presence by Agent Fassbender directed toward Brendan Dassey, quote, truthfully, I don't believe Steven intended to kill her. Do you see that? About three lines up from the large middle paragraph?

MARK WIEGERT: Sure. Yes.

MR. EDELSTEIN: Okay. And that was said to him, wasn't it?

MARK WIEGERT: Yes, it was.

MR. EDELSTEIN: Is it fair to say that that was said in connection with an attempt to persuade him that, uh, it was important for him to give you information, and that you and Agent Fassbender didn't really think he did anything wrong, but that some other people might have believed that he did?

MARK WIEGERT: I don't really follow your question.

MR. EDELSTEIN: If you looked a little bit further up there --

MR. EDELSTEIN: -- do you think you -- Just take a little bit here and read that one paragraph so I can ask you my next question. I understand you've had a lot of interviews. It's hard to remember everything. Did you get a chance to look that over?

MARK WIEGERT: Sure. Yep. Good.

MR. EDELSTEIN: Would it be a fair characterization, then, in the early portion of the contact with Brendan that day, that there was an -- an effort on the part of yourself and your partner to convey to him that the two of you didn't necessarily think he'd done anything wrong, but there were some other people talking like he was and you didn't necessarily agree with that?

MARK WIEGERT: Is that what we're trying to convey? Yes.

MR. EDELSTEIN: Yes. All right.

MARK WIEGERT: In this paragraph? Sure.

MR. EDELSTEIN: Yes. In an attempt to gain his trust?

MARK WIEGERT: That's what we do at interviewers. Yes.

MR. EDELSTEIN: And confidence?

MARK WIEGERT: That's what we do as interviewers. Yes.

MR. EDELSTEIN: He was told -- And I'm -- On page 443, about halfway down, you were present when he was told, quote, you have to tell the truth. You have no choice in that. Correct?

MARK WIEGERT: That's what it says. Yes.

MR. EDELSTEIN: All right. In fact, as part of that particular discourse, Agent Fassbender went so far as to say, quote, there's nothing more I'd like to come over and give you a hug because I know you're hurting. Remember that?

MARK WIEGERT: Yes. And I think he meant that.

MR. EDELSTEIN: The very last line in that exchange, it contains a promise, doesn't it?

MARK WIEGERT: There's many promises made. Yes.

MR. EDELSTEIN: So the truth of the matter is, Investigator Wiegert, that on the lst, when you went to see Brendan, that that was somewhat of a follow-up to the events of the 27th; correct?

MARK WIEGERT: Every successive interview that you do, you build off of the previous one. Information that you learned on that one, when you get more information, you build on it.

MR. EDELSTEIN: All right. And it's not just information, but it's techniques? The techniques vary from interview to interview; correct?

MARK WIEGERT: I don't think the techniques varied at all in these interviews. No.

MR. EDELSTEIN: Well, let me ask you this: Do you rec -- You watched this video with us today; right?

MARK WIEGERT: Yes, sir.

MR. EDELSTEIN: At different times, uh, placement of yourself and Fassbender changes, doesn't it?

MARK WIEGERT: No. That's not true. I move over to the couch by Brendan to have some pictures drawn. That's the only time any placement is moved.

MR. EDELSTEIN: Okay. That's the only reason you went over there by the couch by him?

MARK WIEGERT: Yeah. So he could draw pictures.

MR. EDELSTEIN: Didn't you go over there so you could kind of cozy up to him and give him this? A pat on the back like we saw on the video?

MARK WIEGERT: I don't know how I'd have him draw pictures from across the room. I had to go over there and hand him the things.

MR. EDELSTEIN: Okay. Isn't it true that, as a technique of interrogation, that, uh, you want this subject, so to speak, to be comfortable in your presence?

MARK WIEGERT: Certainly is. Yes.

MR. EDELSTEIN: And that's somewhat of a test when you move in a little bit closer to somebody, isn't it?

MARK WIEGERT: Uh, it's not a test. It's a technique that we use, and when we move in on somebody, what that does, it takes them out of their comfort zone. If you saw me in that interview, I got a little closer to him. I put my knee on -- or, excuse me -- hand on his knee. What that does is breaks down barriers, because he's got a barrier up against us.

MARK WIEGERT: And when you walk over, and you get close to them, that's what you're doing. That's what you're attempting to do. But that was not -- Pard me. That was not my attempt when I sat on the couch. Earlier, it was, when you saw me go over and put my hand on his knee. Absolutely.

MR. EDELSTEIN: Well, in addition to his knee, you acknowledge that you patted him on the back; right?

MR. EDELSTEIN: Okay. Before you talked with him on the 27th, did you know anything about his IQ?

MARK WIEGERT: What I knew about Brendan Dassey was that he was in --

MR. EDELSTEIN: Did you know anything about his IQ --

MARK WIEGERT: (Unintelligible.)

THE COURT: Here. One at a time. Reask the question, please.

MR. EDELSTEIN: (By Attorney Edelstein) Did you know anything about his IQ as of February 27 when you first spoke with him; yes or no?

MARK WIEGERT: About his IQ? No.

MR. EDELSTEIN: Did you know anything about his memory? Whether it was good? Bad? Poor? You didn't, did you?

MR. EDELSTEIN: Would you agree with me that throughout the course of the contacts you've had with Brendan, that, oftentimes, he would be asked more than one question at a single time before he was allowed to answer?

MARK WIEGERT: In the March interview are you referring to?

MR. EDELSTEIN: Generally, as to March and February.

MARK WIEGERT: I can't give you any specifics. I mean, everybody saw the interview. I'm sure there were those occasions. Sure.

MR. EDELSTEIN: Directing your attention, um, on page 446. During the course of the contact on the 27th, and I'm looking at the very bottom paragraph --

MR. EDELSTEIN: -- you told him, in part, this will bug you 'til the day you die unless you're honest about it. Right?

MARK WIEGERT: Yes. And I still believe that.

MR. EDELSTEIN: Now, if you would, take a look at from the beginning of where you begin to speak, at the bottom of 446, over to page 447, about halfway down where you see the first entry where it says, Brendan?

MR. EDELSTEIN: All right. Immediately above the reference where it says, Brendan, about halfway down on 447, it is stated to him, I think you're being -- starting to be honest with us about some things right now. Correct?

MR. EDELSTEIN: Okay. Okay. From the bottom of 446, where you begin to speak, all the way through the middle of 447 when that statement is made, he hasn't said a single word to you, has he?

MARK WIEGERT: I think you're taking it a bit out of context. But 146, can't question, no, um, he hasn't, but before that, yeah, he has.

MR. EDELSTEIN: Well, it's fair to say that you guys -- you and Fassbender are doing a lot of talking. He's not saying much; right?

MARK WIEGERT: I'd have to review the stuff prior to this. I can't say that right now without reading this over. If you'd like me to, I would.

MR. EDELSTEIN: No, you don't need to.

MR. EDELSTEIN: Page 448. Do you think it is a promise -- On the first entry by your name, Detective, do you think it's a promise to him when you say, we'll go to bat for you, but you have to be honest with us?

MARK WIEGERT: That's absolutely a promise, and I absolutely meant that at the time.

MR. EDELSTEIN: And you -- Additionally, I take it you would -- your answer would be the same, about halfway down on that page, when it is stated to him in your presence by, uh, Agent Fassbender, I promise you, I'll not let you hang out there alone, but we got to have the truth. Right?

MARK WIEGERT: My same answer. You bet.

MR. EDELSTEIN: Okay. On page 451, please? You told him, it's not your fault. Remember that. Correct?

MARK WIEGERT: Yes, I did.

MR. EDELSTEIN: Okay. And up -- And he really hasn't said anything to you at that point, significant, has he?

MARK WIEGERT: Again, I won't comment on that unless you want me to read what he said prior to that.

MR. EDELSTEIN: No, that's fine.

MR. EDELSTEIN: But you acknowledge making that statement, it's not your fault. Right?

MARK WIEGERT: I certainly did.

MR. EDELSTEIN: And then immediately thereafter, Fassbender, uh, follows up without any sort of response from Brendan, yeah, it's not your fault. Like I said, Mark and I are not going to leave you high and dry. Right?

MARK WIEGERT: Again, I said it, and I meant it.

MR. EDELSTEIN: Well, did you -- You didn't say it, Fassbender said it?

MARK WIEGERT: Things before when I said, it's not your fault. If I said it, I meant it.

MR. EDELSTEIN: Right. And you acknowledge that prior to Brendan even responding in any way, shape, or form, or being asked for a response, it's -- your statement is immediately followed up by Fassbender reiterating that very thought, that it's not his fault. That he hasn't done anything wrong. Right?

MARK WIEGERT: Are you saying that's what he says after me? Yeah, that's what he says after.

MARK WIEGERT: Certainly.

MR. EDELSTEIN: And further down, is it not, the -- the question is given to him, quote, what other parts did you see? Right?

MR. EDELSTEIN: And isn't it true that at no time, prior to that statement being made to him, did he acknowledge seeing any parts?

MARK WIEGERT: Again, I won't comment on them unless you want me to read everything prior to this. But right after that, he says, toes. He saw toes.

MR. EDELSTEIN: Begging the Court's indulgence, in order to have the witness answer my question, I would ask that he be given an opportunity to review this in order to answer that question.

THE COURT: Review what?

THE COURT: Review what?

MR. EDELSTEIN: The witness indicated he would like an opportunity to re -- review the portion of the exhibit before him, prior to that statement being made to him on page 450 -- to my client on 451, in order to answer the question. The question being: He had not, prior to you making that statement, indicated he saw any parts?

THE COURT: So you want him to read the 12 pages before that?

MR. EDELSTEIN: If that's the only way he can answer the question.

MR. FALLON: Your Honor, uh, if I may, I guess I'm going to object. It's not that I have any objection to the officer reviewing the report, or whatever. I'm going to go back to the -- to an earlier point and -- and I fail to see the relevance of -- of the events two days before as it pertains to this particular, um, cross-examination, uh, vis-a-vis, the inculpatory statement obtained on March 1. I mean, that's two days earlier. It's of marginal relevance. That's my concern. I don't have any -- The officer can read it if he wishes. That's fine.

THE COURT: Yeah. Well --

MR. FALLON: It seems cumulative.

THE COURT: And it may well be cumulative. I think -- I think it passes the relevance test, and -- and I'm going to overrule your objection. I -- I don't want to be in a position where every time an answer is given that we're going back and rereading things because we're going to be here all night. I'm going to suggest, Counsel, you just proceed. Get the answers that the officer gives and we'll move on from there.

MR. EDELSTEIN: Well, if it's going to assist him to answer the question, he has the materials available, I think, uh, he can refresh his memory with that in order to answer the question.

MARK WIEGERT: I'll do the best I can.

THE COURT: Just ask.

MR. EDELSTEIN: (By Attorney Edelstein) Isn't it true, and I'm making reference to page 451, that Agent Fassbender, in your presence on the 27th, suggested by asking Brendan Dassey as follows: Okay. A human body. Dot, dot, dot. Isn't it true that prior to that phrase, "a human body", being uttered by Agent Fassbender, that Brendan Dassey never said anything about seeing a human body?

MARK WIEGERT: Well, you can't tell from the transcript, because that was the -- looks like the inaudible part of the transcript. So -- I mean, you know as much as what Brendan said as I do. It says, I seen, dot, dot, dot.

MR. EDELSTEIN: Nowhere does it say, prior to Fassbender making that suggestion in that form of a question, that there was a human body; correct?

MARK WIEGERT: He says he sees toes.

MR. EDELSTEIN: He said he saw toes prior to that, but he did not say he saw a human body; correct?

MARK WIEGERT: Again, I can't answer that, because it's -- it's not here. It's on the inaudible part, I believe. I'm assuming it's --

MR. EDELSTEIN: Do you believe it's on the inaudible part? Do you have a distinct recollection of that? Or is that just a --

MR. EDELSTEIN: convenience of testimony today?

THE COURT: Here. Let him finish the question before you start answering.

MR. FALLON: I -- That's argumentative. I ask that it --

THE COURT: Well, it's --

MR. FALLON: -- be stricken.

THE COURT: I'm going to let the question stand. Answer it if you can.

MARK WIEGERT: If it's prior to the videotape statement, which I believe it is, which I indicated, when we talked about that statement, that's why we went to Two Rivers, it's an inaudible part, and I believe that's what's meant by the dot, dot, dot.

MR. EDELSTEIN: But you don't know what's in -- contained in the inaudible part, do you?

MARK WIEGERT: No. That's why we did the next videotape statement.

MR. EDELSTEIN: Well, you're certainly not suggesting that there are significant portions of this statement that we are presently discussing that are inaudible, are you?

MARK WIEGERT: Yeah, I am.

MR. EDELSTEIN: Going to page 453?

MR. EDELSTEIN: Keeping in mind that -- Well, let me ask you this: By the time you got to this part in your contact with Brendan, didn't it occur to you that he had some cognitive limitations?

MARK WIEGERT: No. He was a mainstream student at Mishicot High School. He was in Driver's Ed. He could answer questions. He could understand. No. And I think it's evident from watching the prior video --

MARK WIEGERT: -- that he can understand.

MR. EDELSTEIN: I didn't ask you what was evident to you.

MARK WIEGERT: I'm not an expert in cognitive abilities, if that's what you're asking.

MR. EDELSTEIN: I didn't ask you if you were an expert. I just asked you if you believed he had cognitive deficits?

MARK WIEGERT: My answer was no.

MR. EDELSTEIN: All right. On page 453, you asked him, am I correct, would you say yes or no for me, Brendan? You see that?

MARK WIEGERT: Uh, just give me -- Yes, I do see that. Yes, sir.

MR. EDELSTEIN: And without giving the response, is it fair to say that he did exactly what you requested of him? I.e., say yes or no.

MARK WIEGERT: No. I asked him a question and he answered the --

MR. EDELSTEIN: You asked him -- Go ahead.

MARK WIEGERT: I asked him, would you say yes or no -- yes or no for me, Brendan? And he says, yes.

MR. EDELSTEIN: All right. So he did exactly what you asked him to do?

MARK WIEGERT: He answered --

MR. EDELSTEIN: Say yes or no?

MARK WIEGERT: -- my question. He answered my question.

MR. EDELSTEIN: The question was: Would you say yes or no for me, Brendan? Right?

MARK WIEGERT: He answers, yes.

MR. EDELSTEIN: And that's how he answered?

MARK WIEGERT: That's how he answered my question.

MR. EDELSTEIN: Go a little further down there, Detective. Um, the statement was made to him on the 27th -- for -- for your convenience, about four lines up -- a portion of it, uh, did you help him put that body in the fire? If you did, it's okay. You acknowledge you made that statement to him?

MARK WIEGERT: I did make that statement to him. Yes.

MR. EDELSTEIN: Were you attempting to persuade him that if, in fact, he did such a thing, i.e. putting a body in a fire, that it was all right?

MARK WIEGERT: What you do in an interview, is people --

MR. EDELSTEIN: I'm not asking for an explanation --

MARK WIEGERT: (Unintelligible) -- minimize.

MR. EDELSTEIN: -- I'm asking for an answer. My question is --

MARK WIEGERT: I think I'd have to expound on that answer.

MR. EDELSTEIN: Your Honor, I'm just -- He's entitled to be rehabilitated by --

THE COURT: Yeah. Just answer the question, please.

MARK WIEGERT: Could you just ask it again? How you'd like to --

MR. EDELSTEIN: I'm sorry. Could you read it back, please?

(Question read back by the reporter.)

MARK WIEGERT: Was I attempting to persuade him? Yes.

MR. EDELSTEIN: (By Attorney Edelstein) All right. Were you attempting to persuade him that what he did was, as you put it, okay?

MR. EDELSTEIN: All right. Now, as a trained investigator with 14 is it? 15? I can't --

MR. EDELSTEIN: All right. Fourteen years. You know that's not true; right? Somebody puts a body in a fire, it's not okay?

MARK WIEGERT: Right. It's not okay.

MR. EDELSTEIN: So you acknowledge that that -- you called it deception, I call it a lie. We call it whatever we want. But it's not true, is it?

MARK WIEGERT: It's not okay to put a body in a fire. That's true.

MR. EDELSTEIN: And the statement that you made to him was -- I guess you would characterize it as a deception?

MARK WIEGERT: You can call it a lie if you wish.

MR. EDELSTEIN: I -- I certainly will.

MARK WIEGERT: That is true.

MR. EDELSTEIN: Thank you. Detective Wiegert, uh, as a result of you being lead investigator, along with Agent Fassbender, in this case, you've had an opportunity to be present throughout the proceedings; correct?

MR. EDELSTEIN: Okay. So you've had the benefit of being able to hear what all the other witness of this -- witnesses have said prior to your opportunity to testify?

MARK WIEGERT: That's correct. I've been here the whole time.

MR. EDELSTEIN: And you heard Nick Stahlke testify; right?

MR. EDELSTEIN: Okay. He's our blood spatter man?

MR. EDELSTEIN: Okay. Had -- Had -- Prior to this case, had you ever been involved in any cases that, uh, might have utilized blood -- blood spatter evidence?

MARK WIEGERT: Blood spatter evidence? No.

MR. EDELSTEIN: Brendan was asked, was he not, on the 27th -- And I'm making reference at 459?

MARK WIEGERT: I'm there.

MR. EDELSTEIN: Okay. About the middle of the page. Question: Did he say anything about shooting her? You asked him that; right?

MR. EDELSTEIN: Okay. And you knew by the time you conducted this interview, interrogation, whatever you want to call it, that there was evidence of a gunshot wound to Teresa Halbach; isn't that true?

MARK WIEGERT: That is correct. Yes.

MR. EDELSTEIN: Is it fair to say that you did not follow up with that particular question, um, and I'm making reference to the shooting her question, anytime soon following the time it was first proposed to him during the course of this interview?

MR. FALLON: Objection. Vague. Indefinite.

THE COURT: Well, I have a -- a relevance concern about that. Uh, what -- what --

MR. EDELSTEIN: Well, let me -- That was poorly phrased, Your Honor. Let me try it a different way.

THE COURT: I agree.

MR. EDELSTEIN: (By Attorney Edelstein) You knew, based upon your role as one of the co-lead investigators, there was evidence of a gunshot wound on that day when you did the interview?

MARK WIEGERT: We learned about it right in that time frame that there was possible gunshot wounds. That's correct.

MR. EDELSTEIN: All right. Um, but if you would, take a look at 459, then?

MR. EDELSTEIN: Just on that page alone, is it correct that there are five questions given to him after your question to him, quote, did he say anything about shooting her?

MARK WIEGERT: That would be accurate. Yes.

MR. EDELSTEIN: Okay. None of them are a follow-up as to having anything to do with a shooting; correct?

MARK WIEGERT: That's correct.

MR. EDELSTEIN: Okay. Page 463, please?

MR. EDELSTEIN: Top third -- I guess everything prior to the

first entry for Fassbender. You stated to him, you didn't see it. Did he tell you about it? Correct?

MARK WIEGERT: That's the question. Yes.

MR. EDELSTEIN: All right. Apparently there's no response; right?

MARK WIEGERT: Yeah, there's nothing there.

MR. EDELSTEIN: And then the next entry? Again, it's you speaking to Brendan. No. As in a question. No? Say yes or no. Is that what it says? And is that what you said to him?

MARK WIEGERT: That's what it says. A lot of times he would use head yes or no's. That's why that might not be there. But, uh, you're correct in saying that's what I say next, yes.

MR. EDELSTEIN: And -- and, again, he did exactly what you told him to do, and that is say yes or no, as his next response?

MARK WIEGERT: He answered the question I asked, yes.

MR. EDELSTEIN: Well, it really wasn't a question. It was a command, wasn't it? Say yes or no. That's not a question, is it?

MARK WIEGERT: Call it a statement. Sure.

MARK WIEGERT: It's a statement.

MR. EDELSTEIN: Well, you're telling him to do something, are you not?

MR. EDELSTEIN: And he does, does he not?

MR. EDELSTEIN: Okay. On page 463 --

MR. EDELSTEIN: Can you drop down a little bit?

MR. EDELSTEIN: (By Attorney Edelstein) The question was put to him, did he say where he cut himself? And Agent Fassbender's making reference to Steven Avery; right?

MR. EDELSTEIN: Okay. And then there's no response; right?

MARK WIEGERT: That's true.

MR. EDELSTEIN: Fassbender then suggests --

MARK WIEGERT: I need to just back up a little bit. I can't say there's no response. There may be inaudibles. There may have been a response. But there's nothing in the text. You're --

MARK WIEGERT: -- correct on that.

MR. EDELSTEIN: Okay. And then Fassbender follows up immediately with -- on the knife that he used to kill her, yes or no. Correct?

MARK WIEGERT: Yeah. That's what he says.

MR. EDELSTEIN: Okay. The next entry being, yeah?

MARK WIEGERT: That's correct.

MR. EDELSTEIN: Do you know whether or not, and can you tell this jury whether or not, the response, yeah, from Brendan was in answer to the Fassbender inquiry, did he say he cut himself? Or whether it was a response to the statement Fassbender makes, on the knife that he used to kill her, yes or no?

MARK WIEGERT: I think by reading the transcript you would take away that -- the second question, on the knife that he used to kill her, yes or no. Because directly after that, he says, yeah.

MR. EDELSTEIN: But that's your interpretation of the transcript where there's no answer by Brendan; right?

MARK WIEGERT: I would disagree. I think that's the way the transcript reads.

MR. EDELSTEIN: Okay. Directing your attention to page 464, please?

MR. EDELSTEIN: About three-quarters of the way down?

MR. EDELSTEIN: Do you see where the question is asked of him, did he say he had a gun with dot, dot, dot?

MR. EDELSTEIN: Okay. Is it correct that there are actually three questions asked of him before he's even given an opportunity to respond?

MARK WIEGERT: You mean in that one sentence?

MR. EDELSTEIN: Not in that one sentence, in the next -- in the next three sentences? The next three entries? Before there's any response? And there is no blank space where you're anticipating a response; right?

MARK WIEGERT: That doesn't mean we're not anticipating a response. There's sometimes long pauses. Again, if I could refer back to the statement you saw in there, sometimes it takes him awhile to answer for whatever reason. He's thinking of an answer. And that's not accurately reflected in here.

MR. EDELSTEIN: Okay. But you don't know what -- whether there was a pause?

MARK WIEGERT: I don't know, but I would suspect there was. But I don't know. You're correct.

MR. EDELSTEIN: Okay. It's not an uncommon technique to pepper an individual with questions? And that -- by that I mean, ask them in rapid succession by the various investigators involved?

MARK WIEGERT: It's not a technique that I use.

MR. EDELSTEIN: On page 466?

MR. EDELSTEIN: You ask the question, did he threaten you? Correct?

MR. EDELSTEIN: Okay. And there is a response irregardless of what it is; correct?

MR. EDELSTEIN: That little exchange, if we confine that to the threats in this particular interview, is it fair to say that the subject is changed by you during the discussion of this issue of threats, and you simply say, go back to the clothes. And that occurs within a matter of three or four questions?

MARK WIEGERT: Yes, but he answers the question, so we changed subjects.

MR. EDELSTEIN: Okay. Well, in regard to that, you never asked him, um -- The question was asked of him, what did he say? Right?

MR. EDELSTEIN: Okay. Um, nobody asked him when that was said; correct?

MR. EDELSTEIN: Nobody asked him where it was said; correct?

MARK WIEGERT: That's correct.

MR. EDELSTEIN: Were you not interested in knowing that if -- if someone has, in fact, threatened somebody, that it would be important to know when that statement was made?

MARK WIEGERT: Well, I think, again, you're taking it out of context. If you see the other interview as well, we asked him that. Where did it happen? What did he say? And even in here --

MR. EDELSTEIN: I'm talking about this interview.

MARK WIEGERT: You're talking about this portion of the interview.

MR. EDELSTEIN: I'm talking about the interview as a whole.

MARK WIEGERT: I think we probably asked him a few times about that. That would be my guess. That's in here. But you're correct. When it says -- He -- he does answer that question and then we move on.

MR. EDELSTEIN: Is it fair to say that there was not a effort to fully develop that as information, um, at this point in the interview of the 27th?

MARK WIEGERT: At this point in the interview, that is fair to say.

MR. EDELSTEIN: You were more interested in going back to other things that might be more directly related to the disappearance and death of Teresa; correct?

MARK WIEGERT: We do move around in the interview. That is correct.

MR. EDELSTEIN: All right. Well, is that, in fact, the reason that you shifted back to --

MR. FALLON: Your -- Your Honor, I'm going to interpose an objection at this point and ask that we approach.

(Discussion off the record.)

THE COURT: You may resume your cross-examination.

MR. EDELSTEIN: Your Honor, if I could have just a -- a minute? I may move onto the, uh, March 1 -- I guess I'm not quite ready to get to March 1, but we're close.

MR. EDELSTEIN: (By Attorney Edelstein) Later in the day on the 27th, I think you said on direct, because there was problems with -- or what you perceived to be problems with the audiotape of the interview at the school, you took him down to, uh, Two Rivers Police Department; right?

MARK WIEGERT: That's correct. Yes.

MR. EDELSTEIN: Can you identify what's been marked as 214, please?

MARK WIEGERT: Certainly. That's a, uh -- another Miranda Rights form like I explained during the last interview. Uh, this is just another copy of that. Not the same one. This is one that we read to him prior to doing that audio -- excuse me -- videotape statement in Two Rivers.

MR. EDELSTEIN: All right. Um, this is what you use when you have a criminal suspect, don't you?

MARK WIEGERT: Not necessarily true.

MR. EDELSTEIN: If you had a criminal suspect at a police department, and you're going to question him, are you telling us you're not going to read him this Miranda warning?

MARK WIEGERT: No. That's not what I said. Yes, I would, if I had a suspect there.

MARK WIEGERT: That I intended -- that -- There's some variations, as -- as you know, that go into when you have to read them their Miranda and when you don't have to read them the Miranda. In this case, if I could explain real quickly, the district attorney requested that we Mirandize him prior to taking that statement. So that's why that was done.

MR. EDELSTEIN: And the district attorney is your legal adviser; right?

MARK WIEGERT: That is true.

MR. EDELSTEIN: Your Honor, I move, uh, 214, please, into --

THE COURT: Any -- It's offered. Any objection?

THE COURT: Received.

MR. EDELSTEIN: (By Attorney Edelstein) When you went over there to Two Rivers, your intention was pretty much to try to memorialize the type of things that you discussed up at the school?

MR. EDELSTEIN: Okay. Without going into the tedi -- the tedium of, um, question and answers, uh, that may have -- or questions that may have been asked of Brendan at that interview, is it fair to say that it was you, Fassbender, and Brendan?

MR. EDELSTEIN: Okay. And is it also fair to say that some of the same techniques that were employed earlier at, uh, the high school, were utilized, as well, at Two Rivers?

MR. EDELSTEIN: And that would include lies?

MR. EDELSTEIN: And that would include attempts to appeal to his emotions?

MARK WIEGERT: Absolutely.

MR. EDELSTEIN: And it would include attempts to have him give responses based upon leading questions containing facts you believed to be true?

MARK WIEGERT: There were some leading questions.

MR. EDELSTEIN: You can't tell us how many --

MR. EDELSTEIN: -- with -- without counting them up, I guess.

MARK WIEGERT: That would be true.

MR. EDELSTEIN: Now, at the conclusion of that, is it fair to say that you were still of the opinion that Brendan had not been totally honest with you?

MARK WIEGERT: I would say that's a fair statement.

MR. EDELSTEIN: And I believe you, during the course of that conversation, um, made him understand from time to time that you didn't think he was telling you everything there was to tell?

MR. EDELSTEIN: Ultimately, he, and his mom, and, I believe, uh, was it a brother -- you made arrangements -- you and Fassbender made some arrangements for them to stay up at Fox Hills?

MARK WIEGERT: Yes. We had talked about that earlier. We certainly did.

MR. EDELSTEIN: Okay. And that's a resort in Mishicot?

MARK WIEGERT: That's correct.

MR. EDELSTEIN: Okay. And I believe your testimony was you wanted him to stay up there for, um, con -- You were concerned about his welfare?

MARK WIEGERT: There were two reasons, which I had stated, and that was one of the reasons. Yes.

MR. EDELSTEIN: Okay. And what were your two reasons?

MARK WIEGERT: His safety and the integrity of that investigation...

MR. EDELSTEIN: And isn't it true, Investigator Wiegen, (sic) that another reason was that you were attempting to befriend him and his family?

MARK WIEGERT: Had nothing to do with it.

MR. EDELSTEIN: Okay. Wasn't it true that another reason you wanted him up there was to isolate him?

MARK WIEGERT: No. If I wanted to isolate him, his mother and his brother wouldn't be there. No, that was not true.

MR. EDELSTEIN: The last contact you have with investigators on the 27th was in -- initiated at approximately 10:50 p.m. at night; right?

MARK WIEGERT: That is true. Yes.

MR. EDELSTEIN: And what time was the first contact at the school? I think you said about 12:30?

MARK WIEGERT: Um, I think it was 12:30, but, uh, we weren't with him the whole time. I mean, we were gone a long time and we came back. Actually, Agent Fassbender came back in the evening.

MR. EDELSTEIN: When you interviewed Brendan on the lst, where did that take place?

MARK WIEGERT: Uh, as I indicated before, that took place across the courtyard here at Manitowoc County Sheriff's Department.

MR. EDELSTEIN: Do you know how many times either you or Agent Fassbender, during the course of the interview on March 1, the video one that we all watched here today, suggested to Brendan or told Brendan that he was a liar?

MARK WIEGERT: No, I don't know how many times.

MR. EDELSTEIN: Do you know how many times, after he was told that he was a liar, that he changed his answer in response to that sort of accusation?

MARK WIEGERT: No, I don't know how many times.

MR. EDELSTEIN: But you acknowledge he did?

MARK WIEGERT: Um, I would acknowledge that we said that we didn't believe he was telling the truth at certain times. Yeah, I would acknowledge that. Absolutely.

MR. EDELSTEIN: Well, was he not told --

(Exhibit No. 216 marked for identification.)

MR. EDELSTEIN: (By Attorney Edelstein) Detective, let me hand you what's been marked for identification as 216. Do you recognize that as a transcript of the video interview that you and Agent Fassbender had with Brendan on the lst?

MR. EDELSTEIN: Same one that we saw earlier; right?

MARK WIEGERT: Uh, with a little bit of additional on the front here?

MR. EDELSTEIN: Well, if you would -- Directing your attention to page 540 --

MR. EDELSTEIN: -- do you agree that that's, uh, pretty early in the contact?

MR. EDELSTEIN: Okay. Brendan, on the lst, in your mind and the mind of Fassbender, is, in fact, a suspect, isn't he? When you conduct this interview, he is a suspect in your mind; yes or no?

MR. EDELSTEIN: Is that why, on page 540, it was said to him by Fassbender in your presence, I want to assure you that Mark and I are both in your corner. We're on your side?

MARK WIEGERT: I'm not sure of the question, but we did say that, yes.

MR. EDELSTEIN: Okay. Take a look at that middle paragraph. Would it -- Is it a fair characterization and interpretation of what Fassbender says that he is encouraging Brendan to say things that might make Brendan look a little bad in order for him to be believed?

MARK WIEGERT: He tells him to tell the whole truth. Don't leave anything out. Don't make anything up.

MR. EDELSTEIN: We've already had an opportunity to see it. What I'm asking you, is it a fair characterization that the intent of that is to have him say things which implicate himself, and only by doing so would then you and Fassbender believe him?

MARK WIEGERT: The intent of an interview, as in this interview, is to get him to tell the truth. That's the intent.

MR. EDELSTEIN: But it was trick -- It was, in fact, said to him that, and I'm about halfway in the middle of that particular statement to him, even if those statements are against your own interest, you know what I mean, that -- then that makes you might -- it might make you look a little bad, or make you look like you were more involved than you want to be. Uh, it's hard to do, but it's good from the vantage point to say, hey, there's no doubt you're telling the truth.

MARK WIEGERT: Yes, that's what was said. Part. of breaking down those barriers.

MR. EDELSTEIN: And isn't the purpose of -- But doesn't that encourage him to say something irregardless of whether it's true or not?

MR. EDELSTEIN: Because someone in a position of authority is telling him that, if you say something that doesn't help you, then we might believe you.

MARK WIEGERT: No, I wouldn't characterize it that way.

MR. EDELSTEIN: On that same page, he was encouraged once again, quote, okay, you don't have to worry about things. Any idea how many times he was told that during the course of that interview?

MR. EDELSTEIN: Would it surprise you if I were to suggest that it was in excess of 75 times during the course of the interview on the lst that either you or Fassbender, in one form or another, said something to him suggesting, or directly stating to him, that he was a liar?

MARK WIEGERT: I have no idea how many times. And several times we told him we did not believe what he was telling us. Yes.

MR. EDELSTEIN: Well, directing your attention to page 587?

MARK WIEGERT: Five eighty-seven?

MR. EDELSTEIN: Five eighty-seven.

MARK WIEGERT: Yes, sir, I'm there.

MR. EDELSTEIN: Okay. About middle way down?

MR. EDELSTEIN: Fassbender: It's extremely, extremely important you tell us this for us to believe you. That statement was made to Brendan; right?

MR. EDELSTEIN: He didn't respond. And you immediately said, come on, Brendan, what else? Right?

MR. EDELSTEIN: Okay. Immediately before Fassbender makes the statement how extremely important it is, you're questioning him about her head; correct?

MR. EDELSTEIN: All right. You accused him, during the course of this interview, of shooting Teresa; correct?

MARK WIEGERT: Yep. And which he was able to resist every time we accused him.

MR. EDELSTEIN: Well, the truth of the matter is, you don't know if it's right and you don't know if it's wrong, do you?

MARK WIEGERT: Whether or not he shot Teresa?

MARK WIEGERT: I know he was there when she was shot. Whether he -- I don't --

MR. EDELSTEIN: Let me stop you there. You know he was there because he told you that; right?

MARK WIEGERT: And because of the evidence.

MR. EDELSTEIN: Well, these are the bleached jeans, Exhibit 58; right?

MARK WIEGERT: Uh, that's true. Yes.

MR. EDELSTEIN: Okay. You got them out of his house?

MARK WIEGERT: That's true. Yes.

MR. EDELSTEIN: He told you they were there?

MR. EDELSTEIN: He willingly gave them to you?

MARK WIEGERT: Absolutely.

MR. EDELSTEIN: And he told you that he got bleach on there because he cleaned up some stuff, at Steve's request, in the garage?

MARK WIEGERT: That's true.

THE COURT: Counsel, why don't you approach, please?

MR. EDELSTEIN: Your Honor, I -- I know it's almost 4:30. I guess I would just have -- I could wrap up for today just real quickly.

THE COURT: By 4:30?

MR. EDELSTEIN: (By Attorney Edelstein) These jeans, the cuffs, the bullets, the shells, the shovels, the seat, everything that the Government's paraded in here, other than these, which contain what are believed to be bleach spots, which Brendan told you about, none of these items have fingerprints, DNA, or any other scientific evidence connecting Brendan Dassey to the death of Teresa Halbach; yes or no?

MARK WIEGERT: That's correct. They had five days to clean up.

MR. EDELSTEIN: No other questions for today, Your Honor.

THE COURT: Is this the -- Are -- Can -- You concluded your cross-examination?

MR. EDELSTEIN: I doubt it.

THE COURT: Are you asking to adjourn today and reconvene tomorrow and continue the cross-examination?

MR. EDELSTEIN: I am, Your Honor. I -- I'll have an opportunity to review tonight, and I should be able to, hopefully, not take as long tomorrow.

THE COURT: All right. All right. We will, then, adjourn for today, ladies and gentlemen. We're going to reconvene tomorrow at 8:30, run until noon. I'll give you the same admonition I did before. Please don't speak about this case amongst yourselves, or to anyone else, or anything connected with it. Thank you.

(Court stands adjourned at 4:26 p.m.)

Continue to Day 61.Mark Wiegert — Cross/Redirect/Recross (Part 4)