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Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonNorman A. GahnMark R. FremgenBrendan DasseyMichael RiddlecolloquydirectcrossredirectrecrossDay 7 - April 23, 2007Brendan Dassey testified about the bonfire, garage cleanup and accounts he said he had made up. A fingerprint examiner discussed prints from the RAV4, and the court set limits on Dr. Gordon’s suggestibility testimony.
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Day 7 - April 23, 2007

Brendan Dassey Testifies, Fingerprints Examined, Suggestibility Ruling Issued

Judge Jerome L. Fox
9Proceedings
5Pages
2Witnesses
1,599Lines
Day 7 of 9
Appearing:
Thomas J. Fallon Norman A. Gahn Mark R. Fremgen Brendan Dassey Michael Riddle

Brendan Dassey testified about the bonfire, garage cleanup and accounts he said he had made up. A fingerprint examiner discussed prints from the RAV4, and the court set limits on Dr. Gordon’s suggestibility testimony.

Full day summary

Brendan Dassey told the court he wanted to testify. After defense counsel raised concerns about how he had reached that decision, the court questioned him again, and he maintained that the choice was his. Dassey testified that he helped Steven Avery tend a bonfire and clean a garage-floor spill that looked like car fluid, though he said it could have been blood. He denied seeing Teresa Halbach that night or participating in her killing or rape. Confronted with recorded statements and a call with his mother, he acknowledged giving different accounts but maintained that his descriptions of an assault and an earlier visit to Avery’s home were made up. He said officers’ comments had led him to think he would not be jailed, no matter what he said. Fingerprint examiner Michael Riddle testified that prints from items in Halbach’s RAV4 did not match the known samples provided, including Dassey’s. He had no Halbach exemplars for comparison. Riddle identified one suitable print from a submitted headboard as Avery’s and agreed that the absence of a person’s fingerprints does not establish that the person was absent. After the jury was excused, the court denied the State’s renewed motion to exclude Dr. Gordon. It limited his testimony to vulnerability to suggestibility, not whether Dassey’s statements were true or false, and deferred a decision on proposed rebuttal testimony from Mr. Buckley.

1. Court Colloquy on Brendan Dassey's Decision to Testify

Brendan Dassey told the court he had chosen to testify. After further questioning, he said the choice was his and denied being forced, threatened, or promised anything.

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colloquy
Court colloquy on Brendan Dassey’s decision to testify
91 lines

The court examined Mr. Dassey's choice to testify, revisited it after counsel's qualifications, and received an answering-machine clip as Exhibit 225.

Highlights

Court colloquy on Brendan Dassey’s decision to testifyprocedural actionThe court questioned Mr. Dassey again. He said he was not being forced or induced, understood there could be risks, and maintained that testifying was his decision.

2. Brendan Dassey — Direct (Part 1)

Brendan Dassey testified about the October 31 bonfire and garage cleanup, denied seeing Teresa Halbach that night, and addressed statements he had made to investigators.

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Direct
Brendan Dassey — Direct Brendan Dassey Mark R. Fremgen
666 lines

Brendan Dassey described his October 31 activities, the bonfire and garage cleanup, and his response to statements he made to investigators.

Highlights

Brendan Dassey — Directtestimony highlightDassey described collecting wood, tires, an old cabinet and a van seat with Steven, then helping clean an unidentified garage-floor spill that looked to him like car fluid. He said they used gas, paint thinner, bleach and old clothes, which they threw on the fire.Brendan Dassey — Directtestimony highlightDassey denied seeing Teresa Halbach alive or seeing her body that night. Asked why he told investigators he participated in killing and raping her, he said he did not know; he later said he felt there had been a promise of sorts about not going away for life if he told the truth.

3. Brendan Dassey — Cross/Redirect (Part 2)

Brendan Dassey was questioned about differences between his trial testimony and earlier statements. On redirect, he said he had made up details in his interview; the court then adjourned until a defense witness was available.

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Cross
Brendan Dassey — Cross Brendan Dassey Thomas J. Fallon
501 lines

Fallon tested Dassey's trial denials against recorded statements, his bonfire and garage-cleanup account, and drawings he made for investigators.

Redirect
Brendan Dassey — Redirect Brendan Dassey Mark R. Fremgen
73 lines

Dassey said he had made up parts of his interview account and described how officers' reassurances affected him.

Highlights

Brendan Dassey — CrossconfrontationAfter part of the March 1 interview was played, Dassey acknowledged telling officers Teresa was alive when he was there, but testified that he had made up that account and the statements about assaulting her.Brendan Dassey — CrossimpeachmentDassey acknowledged telling his mother in a May 13 call that he had gone to Steven's after school, while maintaining on the stand that he had not gone there then. He agreed he had lied to his mother and to police, but denied lying in court.Brendan Dassey — Redirecttestimony highlightDassey said the officers' comments made him feel he would not be taken away from his family or jailed, no matter what he said.Brendan Dassey — Redirect“That I wouldn't be -- that I wouldn't be taken away from my family and put in jail.”— Brendan DasseyDassey described how he understood officers' statements that the acts were not his fault.

4. Michael Riddle — Direct/Cross/Redirect/Recross

Fingerprint examiner Michael Riddle testified about prints from the RAV4 and a submitted headboard. After his recross-examination on Day 7, the court excused the jury.

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Direct
Michael Riddle — Direct Michael Riddle Mark R. Fremgen
152 lines

Fingerprint examiner Michael Riddle found no match to Brendan Dassey among the RAV4 prints he compared, identified a headboard print as Steven Avery's, and described items he did not examine.

Cross
Michael Riddle — Cross Michael Riddle Norman A. Gahn
57 lines

Riddle explained why shell casings may yield no comparable prints and agreed that finding no Steven Avery fingerprints in the RAV4 did not establish his absence.

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

Riddle confirmed no match to Dassey's known print on three vehicle items and said he had not examined the handcuffs shown to him.

Recross
Michael Riddle — Recross Michael Riddle Norman A. Gahn
10 lines

Riddle confirmed that fingerprints can be removed from an item; the defense had no more witnesses that afternoon.

Highlights

Michael Riddle — Direct“There was no ridge detail on back of that tire cover that was suitable for comparison.”— Michael RiddleDistinguishes the visible hand-shaped marking from an identifiable print.Michael Riddle — Directtestimony highlightA palm print from the RAV4's side rear was photographed and lifted, but Riddle could not match it to the known samples provided, including Brendan Dassey's.Michael Riddle — Crosstestimony highlightAfter discussing Culhane's and Stahlke's reports, Riddle said he believed Steven Avery had been inside the RAV4. He had found no Avery fingerprints there and agreed that an absence of fingerprints does not mean a person was not at a crime scene.

5. Renewed Gordon-Exclusion Motion, Ruling, and Proposed State Rebuttal Witnesses

The court denied the State's renewed motion to exclude Dr. Gordon, limiting his testimony to Dassey's vulnerability to suggestibility. It deferred a decision on the scope of proposed rebuttal testimony from Mr. Buckley.

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Procedural
Renewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnesses
30 lines

The court denied the renewed motion to exclude Dr. Gordon, clarified the limits of his testimony, and deferred a decision on Mr. Buckley's proposed rebuttal.

Highlights

Renewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnessesrulingThe court denied the renewed motion, finding Dr. Gordon's limited suggestibility testimony still relevant and admissible, with its weight for the jury to decide.Renewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnessesrulingAfter the State questioned wording in the ruling, the court clarified that Dr. Gordon could address vulnerability to suggestibility but could not opine whether anything Dassey said was true or false.Renewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnesses“He can testify as to the suggestibility, the vulnerability, based on the factors, but he cannot -- he cannot utter an opinion as to the -- the, uh, truthfulness or falsity of anything this defendant said.”— Jerome L. FoxThe court clarified the boundary of Dr. Gordon's permitted opinion.Renewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnessesrulingThe court deferred deciding what, if anything, Mr. Buckley could testify to until it heard further testimony and reviewed his report again.
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