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Brendan DasseytranscripttranscriptBlaine Dassey — Direct/Cross/Redirect - Day 6 - Brendan DasseyBlaine 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.
Kenneth R. KratzMark R. FremgenJerome L. FoxBlaine DasseyCourt ClerkBlaine DasseyMR. FREMGENTHE COURTMR. KRATZdirectcrossredirect
Brendan Dassey/Day 6/April 21, 2007
5 pages·4 witnesses·1,633 lines
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.
DirectDirectBlaine Dassey — Direct Blaine Dassey Mark R. Fremgen

COURT CLERK: Please raise your right hand.

BLAINE DASSEY, 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.

BLAINE DASSEY: Blaine Dassey, D-a-s-s-e-y.

DIRECT EXAMINATION BY ATTORNEY FREMGEN:

MR. FREMGEN: Blaine, how old are you?

BLAINE DASSEY: Eighteen.

MR. FREMGEN: And are you currently in school?

MR. FREMGEN: What school do you go to?

BLAINE DASSEY: Mishicot High School.

MR. FREMGEN: Who do you live with right now?

BLAINE DASSEY: Um, my mom, Barb.

MR. FREMGEN: Anyone else live in the house with you?

BLAINE DASSEY: Yeah. Scott Tadych.

MR. FREMGEN: And who's Scott?

BLAINE DASSEY: He's my step-dad.

MR. FREMGEN: Now, do you recall who was living with you on October 31, 2005?

MR. FREMGEN: Can you tell us who was all living there?

BLAINE DASSEY: Um, my mom, uh, Tom -- Tom Janda, and me, Brendan, Bobby and Bryan.

MR. FREMGEN: Now, you've mentioned Brendan. Do you recognize Brendan?

MR. FREMGEN: Right here? That's your brother; right?

MR. FREMGEN: Okay. He's a year younger than you?

MR. FREMGEN: Do you recall -- Again, I asked if you recalled where you lived on October 31, 2005, but do you recall the events of that day?

MR. FREMGEN: And I'm going to have you think about that day and answer some questions; all right?

BLAINE DASSEY: Yeah. Okay.

MR. FREMGEN: Were you in school that day?

MR. FREMGEN: Now, normally, how -- what time do you get home from school?

BLAINE DASSEY: Three forty-five.

MR. FREMGEN: What time did you get home on that day?

BLAINE DASSEY: Three forty-five.

MR. FREMGEN: Was this a normal day for you then?

MR. FREMGEN: Did you come home with anyone in particular?

MR. FREMGEN: Does anyone else ride the bus with you?

MR. FREMGEN: No one else on the school bus?

BLAINE DASSEY: Except for Brendan.

MR. FREMGEN: Except for Brendan? Okay. And did Brendan come home with you that day as well?

MR. FREMGEN: What did you guys do when you got off the bus?

BLAINE DASSEY: We walked down the -- the long road.

MR. FREMGEN: The long road?

MR. FREMGEN: Okay. So --

MR. FREMGEN: I'm sorry.

BLAINE DASSEY: The road that our house is on.

MR. FREMGEN: Okay. So you -- does the bus -- doesn't drop you off in front of your house?

MR. FREMGEN: Drops you off about how far away?

BLAINE DASSEY: About a half a mile.

MR. FREMGEN: How long does it take you to get from your house to where they drop you off?

BLAINE DASSEY: About four minutes. Three minutes.

MR. FREMGEN: On that day, did you take about three or four minutes to get home that day?

MR. FREMGEN: As you were walking with Brendan, did you notice anything?

MR. FREMGEN: Did you guys talk about anything on the way from the bus stop to -- to the house?

MR. FREMGEN: What did you talk about?

BLAINE DASSEY: About using the phone or computer.

MR. FREMGEN: Why did you guys talk about using the phone or the computer?

BLAINE DASSEY: I don't know. Because that's all we do.

MR. FREMGEN: Something to talk about?

MR. FREMGEN: Do you have just one phone and one computer?

MR. FREMGEN: Can't both be on at the same time?

MR. FREMGEN: When you got into the house, do you -- who got to use the phone?

MR. FREMGEN: What did you do?

BLAINE DASSEY: I called my friend, Jason.

MR. FREMGEN: And why did you call Jason?

BLAINE DASSEY: Because we were going to go trick or treating.

MR. FREMGEN: So this was Halloween; right?

MR. FREMGEN: So did Brendan plan on going trick or treating with you?

MR. FREMGEN: Was anyone else home when you got home? You -- when you and Brendan got home?

MR. FREMGEN: Now, you said that you have a brother at that time that lived with you as well?

MR. FREMGEN: And that was?

MR. FREMGEN: Bobby. Bobby was not home?

MR. FREMGEN: But did Bobby get home at anytime that afternoon when you were there?

BLAINE DASSEY: I don't remember. No. I don't think he was.

MR. FREMGEN: You don't think so?

BLAINE DASSEY: He wasn't -- He wasn't there.

MR. FREMGEN: So after you got done talking to Jason on the phone, what did you do?

BLAINE DASSEY: Uh, went on the computer.

MR. FREMGEN: And how long were you on the computer?

BLAINE DASSEY: Um, about 30 minutes.

MR. FREMGEN: Now, do you know where Brendan was during this time period?

BLAINE DASSEY: Yes. He was playing with the video games.

MR. FREMGEN: So you have a -- a separate -- do you have separate rooms or are you in the same room?

BLAINE DASSEY: We're in the same room.

MR. FREMGEN: So the computer is the same room as the TV room or the video room?

MR. FREMGEN: Did Brendan ever leave?

MR. FREMGEN: At what time did you actually leave, then, to meet Jason?

BLAINE DASSEY: About 5:20.

MR. FREMGEN: Did you have supper?

MR. FREMGEN: You did have supper?

MR. FREMGEN: Who made supper for you?

BLAINE DASSEY: Um, me and Brendan made it.

MR. FREMGEN: Between 3:45, when you left at 5:20, did you ever see Brendan leave the house?

MR. FREMGEN: Were you watching him all the time?

MR. FREMGEN: You -- you keep track of your brother that way?

MR. FREMGEN: You do? Okay. Now, you -- are you guys close? Would you say you're close?

MR. FREMGEN: Did you notice, from about October 31, 2005 until March of '06, whether Brendan was losing weight?

MR. FREMGEN: Did you guys talk about that?

MR. FREMGEN: Do you know why he was losing weight?

BLAINE DASSEY: Because, um, everybody he knew would make fun of him because he's fat and stuff.

MR. FREMGEN: So he wanted to lose weight so no one would make fun of him?

MR. FREMGEN: Did -- That same period of time, did he seem to be overly emotional? Do you know what that means?

MR. FREMGEN: Do you -- Would you -- Did he appear to be overly emotional?

MR. FREMGEN: He did? Did he cry a lot?

BLAINE DASSEY: Not really. He was just sad and stuff.

MR. FREMGEN: Okay. Now, was -- is that normally Brendan's character? To be a little sad?

BLAINE DASSEY: I don't know. He was shy. He wouldn't -- He doesn't talk a lot.

MR. FREMGEN: To other people?

MR. FREMGEN: What about to you?

BLAINE DASSEY: I don't think he -- I don't know.

MR. FREMGEN: Now, I -- I asked you earlier if you ever saw Brendan go leave the house until you left to go meet Jason at 5:20?

MR. FREMGEN: Did you ever leave the house?

MR. FREMGEN: Never went outside at all?

MR. FREMGEN: At anytime did you guys look out the window?

MR. FREMGEN: Do you know if Brendan looked out the window?

MR. FREMGEN: You me -- you mean you don't know if he did or he didn't look out the window?

BLAINE DASSEY: No, he didn't. He was playing his video games.

MR. FREMGEN: Did, uh, Steven Avery -- You know who Steven Avery is; right?

MR. FREMGEN: And who is he?

BLAINE DASSEY: He's my uncle.

MR. FREMGEN: And how far away does he live from you?

BLAINE DASSEY: He's our neighbor. Like right across --

MR. FREMGEN: Pretty close or --

MR. FREMGEN: -- miles?

BLAINE DASSEY: Pretty close. Pretty close.

MR. FREMGEN: Couple hundred feet maybe?

MR. FREMGEN: Did he ever come over to your house?

MR. FREMGEN: Between 3:45 and --.

MR. FREMGEN: -- 5:20 that day --

MR. FREMGEN: You -- Did anyone come over to the house at that --

MR. FREMGEN: -- that day? Now, what time did you get home that night?

MR. FREMGEN: About 11?

MR. FREMGEN: Did you see Brendan when you got in?

MR. FREMGEN: Where was he?

BLAINE DASSEY: He was in his bed.

MR. FREMGEN: Thank you, Blaine. I have nothing else.

CrossCrossBlaine Dassey — Cross Blaine Dassey Kenneth R. Kratz

CROSS-EXAMINATION BY ATTORNEY KRATZ:

MR. KRATZ: Blaine, do you remember testifying in the trial of Steven Avery?

MR. KRATZ: Do you remember in that trial being asked the question, when you got home at 11 or 11:30, if you saw Brendan in your bedroom?

MR. KRATZ: Do you remember being asked that question?

MR. KRATZ: What did you tell the jury at that time?

BLAINE DASSEY: That I didn't see him.

MR. KRATZ: That you didn't see him; right?

BLAINE DASSEY: (No verbal response.)

MR. KRATZ: Now, in the last four weeks has your memory gotten better?

MR. KRATZ: It's gotten better in the last --

MR. KRATZ: -- four weeks?

BLAINE DASSEY: I -- I can remember.

MR. KRATZ: You can remember better now?

MR. KRATZ: I'm sorry?

MR. KRATZ: Okay. Has nothing to do with your brother being on trial this time, does it?

MR. KRATZ: You said that you went trick or treating on the 31st. How old are you?

BLAINE DASSEY: Eighteen. Eighteen.

THE COURT: Could you pull that microphone a little closer, please?

MR. KRATZ: (By Attorney Kratz) Thank you, Blaine. On October 31, 2005, how old were you?

MR. KRATZ: And who, at age 17, were you going trick or treating with?

BLAINE DASSEY: My friend, Jason, and his little brothers.

MR. KRATZ: Where were you going trick or treating?

BLAINE DASSEY: Two Rivers. Manitowoc.

MR. KRATZ: Now, in that community, that is, in Two Rivers, um, trick or treating is on, actually, Halloween Day; is that right?

MR. KRATZ: Are you familiar with, uh, communities that have trick or treating perhaps the day earlier? On Sunday the day before?

MR. KRATZ: And do you know around, um, the Mishicot area if there were any communities, as you think back, that had trick or treating on that Sunday?

BLAINE DASSEY: I don't remember.

MR. KRATZ: Did you go trick or treating on that Sunday? That is, the day before?

MR. KRATZ: All right. You told Mr. Fremgen that as you walked home, or as you walked down the -- the -- the path, and I'm going to show you what has been received as Exhibit No. 71, as you walked down this path, this road actually goes, uh, all the way up towards your grandmother's house; is --

MR. KRATZ: -- that right? You have to wait until I --

MR. KRATZ: -- I -- I finish asking the question; all right? But as you walked down towards your house, you told Mr. Fremgen that you didn't see anything, or that you didn't see anything unusual. You remember saying that today?

MR. KRATZ: As you think back now, uh, do you now remember something that you saw before you went into the house?

MR. KRATZ: Why don't you tell the jury what you saw?

BLAINE DASSEY: I seen Steven Avery walking to the burn barrel with a plastic bag in his hand and he dropped it in there.

MR. KRATZ: And Steven Avery's your uncle; is that right?

MR. KRATZ: Now, when Steven Avery you said was walking, um, towards a burn barrel, I'm going to, again, have you look at Exhibit No. 71, Blaine, and show you, uh, what is, um, just kind of a -- uh, to the center and to the right of that exhibit, uh, what looks like a burn barrel. Is that the burn barrel that you're talking about?

MR. KRATZ: When you saw your Uncle Steven taking something and putting it in that burn barrel, did you notice if that burn barrel was burning? That is, uh --

MR. KRATZ: -- was it on fire?

MR. KRATZ: Yes, it was already burning?

MR. KRATZ: And when you told this jury that you saw him walking towards that burn barrel, did you see him walking from his trailer towards that burn barrel?

MR. KRATZ: You said that you saw him put something in it. After putting something in that burning barrel, where did your Uncle Steve go?

BLAINE DASSEY: I think he went back to his house.

MR. KRATZ: Did you see him turn around and go back to his trailer?

MR. KRATZ: All right. Now, you told this jury today that you left at about 5:20 to go to your friend, Jason's; is that right?

MR. KRATZ: How did you get to Jason's that day?

BLAINE DASSEY: His mom, Carmen Wiensch.

MR. KRATZ: His mother's name is Carmen?

MR. KRATZ: And her last name is Wiensch; is that --

MR. KRATZ: -- right? W-i-e-n-s-c-h?

MR. KRATZ: Is that right? Okay. Now, where did she pick you up?

BLAINE DASSEY: At the end of -- where the bus drops us off.

MR. KRATZ: So you had to walk a ways from your trailer, which is on Exhibit No. 71 here, back up that road for Mrs. Wiensch to pick you up; is that --

MR. KRATZ: -- right? You have to wait until I'm done asking the question, okay?

MR. KRATZ: Now, did she pick you up at 5:20 or did you leave your house at 5:20?

BLAINE DASSEY: She picked me up at 5:20.

MR. KRATZ: So is it fair to say that you left your house sometime before that?

MR. KRATZ: Now, you're telling us today that you got home at about what time?

MR. KRATZ: When you got home at about 11:00, why don't you tell the jury what you saw before you walked into your trailer?

BLAINE DASSEY: I seen a person standing out by the -- or, uh -- bonfire.

MR. KRATZ: Now, up until now, we haven't heard about you seeing a bonfire. Why don't you tell us about that?

BLAINE DASSEY: Say that question over?

MR. KRATZ: Sure. Why don't you tell the jury about the bonfire that you saw?

BLAINE DASSEY: Um, it was about five-foot high.

MR. KRATZ: All right. Can you tell the jury where you saw that bonfire?

BLAINE DASSEY: Behind Steven's garage.

MR. KRATZ: All right. I'm going to have you look at Exhibit No. 71 again, and this, uh, dark area right to the left of the screen, uh, is that the area that you saw that fire?

MR. KRATZ: Now, when you came walking into your house, um, were there any obstructions to your view of that bonfire? In other words, was there anything that blocked your view between you and that fire?

MR. KRATZ: You're telling this jury that you saw somebody standing by that bonfire; is that --

MR. KRATZ: -- right? You have to wait until I'm done asking the question. Were you able at that time to identify who it was who was standing by that bonfire?

BLAINE DASSEY: Yeah. It was a bigger guy.

MR. KRATZ: A bigger --

BLAINE DASSEY: Steven's size.

MR. KRATZ: Steven's size?

MR. KRATZ: All right. Again, do you remember about four weeks ago being asked that same question?

MR. KRATZ: What did you tell the jury about four weeks ago?

BLAINE DASSEY: That I said that I don't know who was standing out there.

MR. KRATZ: All right. But after talking to Mr. Fremgen, and after being called in your brother's case, you now think that it was a bigger guy. Somebody like Steven; is that --

MR. KRATZ: -- right?

MR. FREMGEN: Objection to the question. There is no evidence that this witness talked about --

THE COURT: I -- I --

MR. KRATZ: I can ask it a -- a different way.

THE COURT: Please do. I -- and, uh, I direct that the jury not take notice of that question.

MR. KRATZ: That's fine.

MR. KRATZ: (By Attorney Kratz) Let me ask you this, Blaine, between that hearing, the Steven Avery trial, and today, did you, in fact, talk to Mr. Fremgen?

MR. KRATZ: You haven't talked to Mr. Fremgen or Mr. Edelstein?

MR. KRATZ: Uh, so there hasn't been any conversation at all between -- between you and them; is that right?

MR. KRATZ: All right. Between that hearing, though, and today, you agree that your testimony's different; is that true? I'll be more specific if you want me to be.

MR. KRATZ: About the person that you saw out by the fire that night? Yes?

MR. KRATZ: And your testimony's different as to whether or not your brother, Brendan, was home. That's different than it was four weeks ago; right?

MR. KRATZ: You said that you ate at home that night. That is, in your trailer. Is that your testimony?

MR. KRATZ: Do you remember on the 7th of November, that's like a year-and-a-half ago, being interviewed by two agents of the Division of Criminal Investigation?

MR. KRATZ: Do you remember telling or being asked by those agents where you ate dinner that night?

MR. KRATZ: Do you remember what you told those agents that night?

BLAINE DASSEY: No, I don't remember.

MR. KRATZ: Remember telling them that you had dinner at your friend, Jason's, house that night?

MR. KRATZ: No? You don't remember telling them that?

MR. KRATZ: Okay. Now, your Uncle Steve had a vehicle, which was called a Suzuki Samurai. Do you know what I'm talking about?

MR. KRATZ: Let me just get to that exhibit number. I'm showing you Exhibit No. 117. Do you recognize that vehicle?

MR. KRATZ: What is that?

BLAINE DASSEY: That's his Suzuki.

MR. KRATZ: And, uh, you knew that to be your Uncle Steve's Suzuki?

BLAINE DASSEY: No. It's my grandpa's.

MR. KRATZ: Okay. I'm sorry. But you recognize it in this photo, at least, to be in your Uncle Steve's garage; is that right?

MR. KRATZ: Now, on the 3lst, that is, on Halloween, do you know where that Suzuki was parked?

MR. KRATZ: Can you tell the jury, please, where on the 17th that was parked?

BLAINE DASSEY: It was on the outside on the left side of the garage.

MR. KRATZ: All right. I'm going to show you what's been received as Exhibit No. 67. And although -- In that photo we see it backed into the garage. The 3list, that is, on the Halloween when you got home, you remember seeing that Suzuki outside of the garage, uh, to the left, or what would be to the east, of your Uncle Steve's garage; isn't that right?

MR. KRATZ: Now, do you know how that Suzuki Samurai got put into your Uncle Steve's garage and when that happened?

MR. KRATZ: You know that it was just sometime after Halloween? That is, after the 31st --

MR. KRATZ: -- is that right? Okay. When you left at, uh, 5:00, Blaine -- I'm sorry, uh, sometime before 5:20. I guess you didn't say 5, you said sometime before 5:20. Remember seeing a fire behind Steve's garage even then? Even a little after 5:00?

MR. KRATZ: Did you look? In other words, do know if there was fire or did you just not see it?

BLAINE DASSEY: No, I didn't look. I didn't see it.

MR. KRATZ: That -- It's two different answers. Did you look?

MR. KRATZ: If I could have just a moment, Judge? I have no further questions, Judge. Thank you.

THE COURT: Any redirect?

RedirectRedirectBlaine Dassey — Redirect Blaine Dassey Mark R. Fremgen

REDIRECT EXAMINATION BY ATTORNEY FREMGEN:

MR. FREMGEN: When Mr. Kratz was asking you some questions, you said that, uh, you had seen Steven, your Uncle Steven, dropping a bag into a burn barrel; correct?

MR. FREMGEN: And he showed you the picture, and you agree that that was the burn barrel; correct?

MR. FREMGEN: Now, the -- When was this? When did you see him throwing -- dropping the bag into the burn barrel?

BLAINE DASSEY: When we were walking down the -- the driveway.

MR. FREMGEN: And by "we" who are you -- who do you mean?

BLAINE DASSEY: Me and Brendan.

MR. FREMGEN: So you and Brendan were walking down back from the school bus?

MR. FREMGEN: Sometime after 3:45?

MR. FREMGEN: You indicated that Jason's mom picked you up about 5:20?

MR. FREMGEN: But that would have been down by where the bus drops you off and picks you up?

MR. FREMGEN: And you said it takes about how long to get down that road?

BLAINE DASSEY: Three or four minutes.

MR. FREMGEN: So you would have left sometime three or four minutes before 5:20?

MR. FREMGEN: Mr. Kratz was asking you if you recalled speaking to, uh, law enforcement on November 7; correct? Of --

MR. FREMGEN: -- 2005; correct?

MR. FREMGEN: I know that's a long time ago. But you in -- he indicated to you that your answers seemed to be different from now from back then; correct?

MR. FREMGEN: And do you agree that some of your answers are different?

MR. FREMGEN: Do you recall telling law enforcement back then that you actually got home between 9:30 and 10 that night?

MR. FREMGEN: You don't recall saying that? Do you recall saying you actually saw Brendan when you came home that night?

MR. FREMGEN: Okay. And that was on November 7? To law enforcement?

MR. FREMGEN: Okay. Thank you.

MR. FREMGEN: Nothing else, Judge.

MR. KRATZ: I have nothing. Thank you, Judge.

THE COURT: You may step down.

MR. FREMGEN: I do have one more witness if, uh -- It should be very short.

THE COURT: Very good. You may call that witness.

Continue to next page5.Michael Kornely — Direct/Cross/Redirect