Skip to content
Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonNorman A. GahnKenneth R. KratzRaymond L. EdelsteinMark R. FremgenMark WiegertBlaine DasseyMichael KornelyKris Schoenenberger-GrosscrossredirectrecrossdirectDay 6 - April 21, 2007Mark Wiegert finished testifying about Brendan Dassey's interview and the investigation. After the State rested, the court denied a motion to dismiss Count 2. The defense called a school psychologist, Blaine Dassey, and Michael Kornely.
← Day 5Brendan DasseyDay 7 →

Day 6 - April 21, 2007

State Rests, Count 2 Motion Denied, Defense Testimony Begins

Judge Jerome L. Fox
15Proceedings
5Pages
4Witnesses
1,633Lines
Day 6 of 9
Appearing:
Thomas J. Fallon Norman A. Gahn Kenneth R. Kratz Raymond L. Edelstein Mark R. Fremgen Mark Wiegert Blaine Dassey Michael Kornely Kris Schoenenberger-Gross

Mark Wiegert finished testifying about Brendan Dassey's interview and the investigation. After the State rested, the court denied a motion to dismiss Count 2. The defense called a school psychologist, Blaine Dassey, and Michael Kornely.

Full day summary

On continued cross-examination, investigator Mark Wiegert acknowledged that officers told Brendan Dassey they knew he had been in a back room without factual knowledge that he had, and suggested Brendan had shot Teresa Halbach despite his denials. On redirect, Wiegert cited a garage bullet fragment and other items as support for details in Brendan's account. On recross, he accepted that Brendan might have known about some tools and a gun earlier. The State then rested. Outside the jury's presence, the defense moved to dismiss Count 2 for lack of evidence independent of Brendan's confession. The court found that some implements described in the statement had been introduced and denied the motion. Defense witness Kris Schoenenberger-Gross read school records describing language and reading difficulties; on cross, she said the records did not flag suggestibility as a concern and that she had not tested Brendan's memory of lived events. Blaine Dassey described being home with Brendan after school, then acknowledged differences from his earlier testimony about what he saw after returning that night. Michael Kornely said he spoke with Brendan by phone near 6 p.m., but could not verify the call time from his Sprint record and agreed it might have been between 5:15 and 6:15 p.m.

1. Mark Wiegert — Cross/Redirect/Recross (Part 4)

Mark Wiegert faced cross-examination, redirect, and recross on Day 6 about the March 1 interview, physical evidence, and what Brendan Dassey might already have known.

→
Procedural
Morning appearances and Wiegert's reswearing
8 lines
Cross
Mark Wiegert — Cross Mark Wiegert Raymond L. Edelstein
593 lines

Edelstein tested Wiegert's March 1 interview techniques and the physical corroboration for Brendan's account; Wiegert acknowledged false suggestions and explained why recovered hair was not compared.

Redirect
Mark Wiegert — Redirect Mark Wiegert Thomas J. Fallon
37 lines

On redirect, Wiegert explained his views on missing blood spatter and cited physical findings he believed corroborated Brendan's interview account despite the absence of Brendan's DNA profile or fingerprints.

Recross
Mark Wiegert — Recross Mark Wiegert Raymond L. Edelstein
68 lines

Edelstein tested Wiegert's corroboration claims against possible prior knowledge, limits of the bleach-bottle evidence, and investigators' existing knowledge of one gunshot wound.

Highlights

Mark Wiegert — CrossadmissionWiegert acknowledged that investigators had no factual knowledge Brendan had been in the back room when they told him they knew he had been there; Wiegert described the statement as an effort to convey superior knowledge.Mark Wiegert — Cross“We don't try to get correct answers. We try to get the truth.”— Mark WiegertWiegert stated his account of the investigators' aim when challenged about Brendan's incorrect firearm description.Mark Wiegert — CrossadmissionWiegert said investigators repeatedly suggested Brendan had shot Teresa, that Brendan denied doing so, and that Wiegert was the first to mention a shot to her head.Mark Wiegert — Redirecttestimony highlightIn response to the absence of Brendan's DNA profile or fingerprints, Wiegert cited a garage bullet fragment that he said bore Teresa Halbach's DNA and was linked to a .22 firearm found in Steve Avery's bedroom.Mark Wiegert — Recrosstestimony highlightEdelstein asked whether Dassey could have known about the garage, burn pit, rake, shovel, and bedroom gun before October 31. Wiegert said he did not know the extent of Dassey's earlier exposure and accepted that prior knowledge of the tools and gun was possible.

2. State Rests; Count 2 Dismissal Motion and Ruling

The State rested after exhibit matters. Outside the jury's presence, the court denied the defense's motion to dismiss Count 2.

→
Procedural
Exhibit matters and State rests its case
37 lines

After the court addressed Exhibits 216 and 215 and confirmed Exhibit 214 was already received, the State rested; the defense said it had issues to address before proceeding.

Procedural
Count 2 dismissal motion and ruling
14 lines

The court denied the defense's motion to dismiss Count 2, finding sufficient corroboration of the defendant's statement at this stage.

Highlights

Exhibit matters and State rests its caseprocedural actionThe State announces it has no further witnesses, rests its case, and reserves rebuttal evidence.Count 2 dismissal motion and rulingrulingThe court found some introduced implements sufficient to corroborate the statement at this stage and denied the motion.

3. Kris Schoenenberger-Gross — Direct/Cross/Redirect

School psychologist Kris Schoenenberger-Gross described Brendan Dassey's school evaluations, while cross-examination addressed what those records did and did not establish.

→
Direct
Kris Schoenenberger-Gross — Direct Kris Schoenenberger-Gross Mark R. Fremgen
169 lines

Schoenenberger-Gross described Brendan Dassey's school records and language assessments; the court allowed testimony about a 2004 IEP over a relevance objection.

Cross
Kris Schoenenberger-Gross — Cross Kris Schoenenberger-Gross Kenneth R. Kratz
143 lines

Kratz tested what Brendan's school records showed about his abilities and suggestibility; Schoenenberger-Gross described average-range scores but limited her conclusions about memory and influence.

Redirect
Kris Schoenenberger-Gross — Redirect Kris Schoenenberger-Gross Mark R. Fremgen
77 lines

Schoenenberger-Gross clarified Brendan's 2002 test results and 2005 IEP reading level; the court overruled a reading-level objection and received the school-record exhibits.

Highlights

Kris Schoenenberger-Gross — Directtestimony highlightA speech and language evaluation reported delayed receptive and expressive skills and an overall language score of 66.Kris Schoenenberger-Gross — Redirecttestimony highlightAfter consulting the 2005 IEP, Schoenenberger-Gross read that Brendan was at an end-of-fourth-grade reading level while in tenth grade.

4. Blaine Dassey — Direct/Cross/Redirect

Blaine Dassey described being home with Brendan after school and seeing him in bed later that night. Questioning addressed differences in his earlier accounts and his observations of a burn barrel and bonfire.

→
Direct
Blaine Dassey — Direct Blaine Dassey Mark R. Fremgen
188 lines

Blaine Dassey described Brendan's after-school activities at home, said he did not see him leave before 5:20 p.m., and discussed Brendan's weight loss and demeanor.

Cross
Blaine Dassey — Cross Blaine Dassey Kenneth R. Kratz
177 lines

Kratz challenged changes in Blaine Dassey's account of Brendan's whereabouts and a person by a bonfire; Blaine also described Steven Avery putting a plastic bag into a burning barrel.

Redirect
Blaine Dassey — Redirect Blaine Dassey Mark R. Fremgen
41 lines

Blaine clarified when he saw Steven at the burn barrel and when he left home, then addressed differences between his accounts of seeing Brendan that night.

Highlights

Blaine Dassey — CrossimpeachmentBlaine acknowledged that, in Steven Avery's trial about four weeks earlier, he had said he did not see Brendan in their bedroom when he returned home.

5. Michael Kornely — Direct/Cross/Redirect

Michael Kornely testified that he spoke with Brendan during an October 31 phone call, but could not establish the call’s exact time.

→
Direct
Michael Kornely — Direct Michael Kornely Mark R. Fremgen
32 lines

Kornely said he spoke with Brendan during a call to the Dassey residence shortly before 6 p.m. on October 31 and was told Blaine had gone trick-or-treating.

Cross
Michael Kornely — Cross Michael Kornely Norman A. Gahn
30 lines

Kornely could not verify his October 31 call time from his Sprint record and agreed the call might have been as early as 5:15 p.m.

Redirect
Michael Kornely — Redirect Michael Kornely Mark R. Fremgen
19 lines

Kornely favored a call time closer to 6 p.m. but acknowledged that he could not recall it precisely and may have given law enforcement an earlier estimate.

Highlights

Michael Kornely — Directtestimony highlightKornely said he spoke with Brendan rather than Blaine, was told Blaine had gone trick-or-treating, and recognized Brendan's voice on the call.Michael Kornely — Cross“I -- I didn't find that telephone call on my Sprint record, which means I could have made it through the hotel operator.”— Michael KornelyKornely could not verify the call's time from the phone record he checked.Michael Kornely — CrossadmissionAsked about a broader possible time range, Kornely agreed the call could have occurred between 5:15 and 6:15 p.m., including as early as 5:15.
← Day 5Brendan DasseyDay 7 →