ProsecutionCalumet County District Attorney's Office

Kenneth R. Kratz

Calumet County district attorney who led the prosecutions of Steven Avery and Brendan Dassey.

6,682 lines·177 proceedings·1 mention·2 trials

About

Special prosecutor Kenneth R. Kratz presented the State’s case in the 2007 trials of Steven Avery and Brendan Dassey. In Avery’s trial, he developed the October 31 appointment sequence, discovery of Teresa Halbach’s RAV4, property searches, the bedroom key, garage bullet fragments, fire evidence, and telephone records. His closing connected the vehicle, blood and DNA comparisons, burn-area evidence, and firearm evidence to the State’s requested verdicts while contesting the defense’s planting theory. The court ordered a correction after finding his explanation of the presumption of innocence technically incorrect, and it excluded an earlier-encounter account he offered through a witness.

In Dassey’s trial, Kratz opened with the State’s allegations about Dassey’s involvement, his recorded statements, and evidence the State said corroborated them. He challenged defense evidence about Dassey’s abilities and suggestibility, cross-examined defense psychologist Robert Gordon, and presented rebuttal testimony from psychologist James Armentrout within limits set by the court. He also opposed a motion to dismiss the mutilation count; the court found sufficient corroboration to deny that motion at that stage.

Trial Record (177)

AverySteven AveryFeb 12, 2007 – Mar 18, 2007

Special prosecutor Kenneth R. Kratz presented the State's case in Steven Avery's 2007 trial, examining witnesses about Halbach's appointments, the RAV4, searches, fire evidence, and phone records. His closing linked the physical evidence to the State's requested verdicts and challenged the defense's planting theory.

Day 1

Feb 12, 2007

ProceduralCall of Case and Opening Logistics3lines spoken

Charge ConferencePreliminary-Instruction Conference on Party-to-the-Crime Language8lines spoken

Summary

The court replaced Brendan Dassey's name with “another” in the preliminary party-to-a-crime instructions but deferred disputed unanimity language.

OpeningState’s Opening StatementKenneth R. Kratz1highlight21lines spoken

Summary

Kratz previewed the State's theory of Halbach's death and the vehicle, DNA, remains, firearm, and witness evidence it expected to present.

Highlights (1)

otherKratz outlined the State's allegation that Avery restrained, killed, and mutilated Teresa Halbach after her October 31 photography appointment.Open in transcript →

ProceduralRuling on Presumption-of-Innocence Correction1highlightMentioned1line spoken

Summary

The court agreed that the State's opening had misstated the presumption of innocence and ordered a repeat instruction before the defense opening.

Mentioned in this proceeding.

Highlights (1)

rulingAfter Strang requested a correction, the court agreed that Kratz's description of the presumption of innocence was technically incorrect and said it would repeat the instruction before the defense opening.Open in transcript →

DirectMichael Daniel Halbach — DirectMichael Daniel HalbachKenneth R. Kratz75lines spoken

Summary

Michael Halbach identified Teresa and her RAV4, described the family's search after she went missing, and authenticated ten admitted exhibits.

CrossMichael Daniel Halbach — CrossMichael Daniel HalbachDean A. Strang3lines spoken

Summary

Strang questioned Michael Halbach about the family's search, his voicemail access, and what he recalled of Teresa's keys and belongings.

DirectThomas Pearce — DirectThomas PearceKenneth R. Kratz27lines spoken

Summary

Thomas Pearce described Halbach's photography work, his last contact with her, and the calls he made after she did not appear at their shared studio.

RedirectThomas Pearce — RedirectThomas PearceKenneth R. Kratz6lines spoken

Summary

Pearce described himself as Teresa's good friend and colleague; the court barred a follow-up question as beyond the scope of redirect.

DirectDavid Beach — DirectDavid BeachKenneth R. Kratz18lines spoken

Summary

David Beach described searching for Teresa Halbach's vehicle and recounted what Steven Avery told him about her visit to the salvage yard.

Day 2

Feb 13, 2007

ProceduralArguments on objections to the defense opening statement3lines spoken

Summary

The State challenged three aspects of the defense opening; Strang responded, and the court made no new ruling in this exchange.

DirectAngela Schuster — DirectAngela SchusterKenneth R. Kratz86lines spoken

Summary

Auto Trader manager Angela Schuster identified prior Avery property photographs and recounted Halbach's October 31 call accepting a photo shoot.

RedirectAngela Schuster — RedirectAngela SchusterKenneth R. Kratz7lines spoken

Summary

Schuster agreed with a conditional question about later hustle shots, and the court admitted Exhibits 18 and 19.

DirectDawn Pliszka — DirectDawn PliszkaKenneth R. Kratz13lines spoken

Summary

Pliszka recounted Teresa's report that Avery had come out in a towel; she said Teresa did not specify where. Kratz identified the questioning as an offer of proof, not testimony before the jury.

RedirectDawn Pliszka — RedirectDawn PliszkaKenneth R. Kratz10lines spoken

Summary

Pliszka could not date the incident Halbach reportedly described, and the court excluded the offered statement after argument over its recency and context.

DirectDawn Pliszka — DirectDawn PliszkaKenneth R. Kratz42lines spoken

Summary

Dawn Pliszka described the October 31 Auto Trader appointment request, her calls with Teresa Halbach, and the lead sheet admitted as Exhibit 17.

CrossDawn Pliszka — CrossDawn PliszkaJerome F. Buting8lines spoken

Summary

Buting tested the Auto Trader records and Pliszka's knowledge of private photo shoots; she could not establish whether Halbach made another such stop on October 31.

DirectCurtis Drumm — DirectCurtis DrummKenneth R. Kratz27lines spoken

Summary

Pilot Curtis Drumm described a multi-location aerial search, its visibility limits at the Avery salvage yard, and the admission of Exhibit 25.

CrossCurtis Drumm — CrossCurtis DrummDean A. Strang3lines spoken

Summary

Drumm qualified what an aerial photograph could show, could not identify one pictured area, and distinguished later flights from the search.

DirectSteven Schmitz — DirectSteven SchmitzKenneth R. Kratz24lines spoken

Summary

Schmitz described Halbach's brief New Holstein photo appointment around 1:30 p.m. on October 31 and said she left northbound on Highway A.

RedirectSteven Schmitz — RedirectSteven SchmitzKenneth R. Kratz3lines spoken

Summary

Schmitz said he confirmed Halbach's visit when law enforcement contacted him, but he was uncertain when that happened.

DirectJoEllen Zipperer — DirectJoEllen ZippererKenneth R. Kratz47lines spoken

Summary

Zipperer described Halbach's mid-afternoon car-photo visit, identified the materials Halbach left, and said she did not see Halbach leave.

ProceduralObjection to questioning during JoEllen Zipperer’s cross-examination9lines spoken

RedirectJoEllen Zipperer — RedirectJoEllen ZippererKenneth R. Kratz11lines spoken

Summary

After reviewing her written statement, Zipperer placed Halbach's visit between 2 and 2:30.

RecrossJoEllen Zipperer — RecrossJoEllen ZippererDean A. Strang6lines spoken

Summary

Zipperer stood by the 2-to-2:30 estimate in her written statement; the court received that statement as Exhibit 28.

DirectRyan Hillegas — DirectRyan HillegasKenneth R. Kratz77lines spoken

Summary

Hillegas described accessing Halbach's phone records, organizing a volunteer search, and sending Pam Sturm toward Avery Salvage Yard with a map.

RedirectRyan Hillegas — RedirectRyan HillegasKenneth R. Kratz3lines spoken

Summary

Hillegas confirmed that his access was to surrounding properties, not within the salvage property.

DirectPamela Sturm — DirectPamela SturmKenneth R. Kratz142lines spoken

Summary

Pamela Sturm described finding a branch-covered RAV4 during a volunteer search at Avery Salvage Yard; the court admitted vehicle photographs and her recorded call to investigators.

CrossPamela Sturm — CrossPamela SturmJerome F. Buting18lines spoken

Summary

Buting tested Sturm's RAV4 observations and a later phone discovery; afterward, the court ordered a check for phone-incident reports and the parties addressed the date of Exhibit 25.

Day 3

Feb 14, 2007

ProceduralMorning Session Opening and Appearances5lines spoken

DirectNicole Sturm — Direct Examination by Kenneth R. KratzNicole SturmKenneth R. Kratz39lines spoken

Summary

Nicole Sturm described finding a covered RAV-4, checking its locked doors with a tissue, and watching the vehicle until she left the salvage yard.

RedirectNicole Sturm — Redirect Examination by Kenneth R. KratzNicole SturmKenneth R. Kratz9lines spoken

Summary

Sturm clarified her limited view through the RAV-4's windows and said no officer touched it while she was present.

DirectBobby Dassey — Direct Examination by Kenneth R. KratzBobby DasseyKenneth R. Kratz282lines spoken

Summary

Bobby Dassey described the photographer's visit, the SUV's presence when he left to hunt, a later remark by Steven, and property features shown in photographs.

ProceduralDefense Mistrial Motion Concerning Dassey’s Testimony6lines spoken

Summary

The defense sought a mistrial over Bobby Dassey's testimony about an alleged remark by Steven Avery; the State opposed the motion, and no ruling appears here.

ProceduralBobby Dassey Witness-Contact Order5lines spoken

Summary

The court barred attorney and representative contact with Bobby Dassey until his testimony was complete and prohibited the victim-witness coordinator from discussing his testimony with him.

DirectBobby Dassey — Direct Examination ResumedBobby DasseyKenneth R. Kratz83lines spoken

Summary

Bobby Dassey identified property photographs; the court admitted the offered exhibits except Exhibit 70, for which foundation was at issue.

ProceduralDeferral of Dassey Cross-Examination and Witness Order4lines spoken

Summary

The court deferred Bobby Dassey's cross-examination until the next morning, allowed the defense to interview him first, and heard objections to the intervening witness order.

DirectTimothy Austin — Direct Examination by Kenneth R. KratzTimothy AustinKenneth R. Kratz74lines spoken

Summary

Austin explained the property's survey measurements and scene models; image exhibits were admitted, but the marked animation could not be played.

CrossTimothy Austin — Cross-Examination by Dean A. StrangTimothy AustinDean A. Strang8lines spoken

Summary

Austin described the limits of his scene models and sight-line diagram; garage and RAV-4 photographs were admitted, but the animation was not.

Day 4

Feb 15, 2007

ProceduralMorning preliminaries and Exhibit 117 animation8lines spoken

RedirectBobby Dassey — RedirectBobby DasseyKenneth R. Kratz31lines spoken

Summary

Bobby Dassey clarified his timing and brief opportunity to hear noises before leaving to hunt; afterward, the jury heard a stipulation about the garage conversation.

DirectBrett Bowe — DirectBrett BoweKenneth R. Kratz152lines spoken

Summary

Brett Bowe described security and large-scale searches at and around the Avery property; the court admitted property photographs numbered 79 through 86.

CrossBrett Bowe — CrossBrett BoweDean A. Strang5lines spoken

Summary

Strang tested Bowe's knowledge of search assignments and March entry logs; the court reserved ruling on admission of the five-page garage log.

RedirectBrett Bowe — RedirectBrett BoweKenneth R. Kratz11lines spoken

Summary

Bowe clarified nighttime lighting, the limits of a citizen group's search, and differences in searchers' evidence training.

RecrossBrett Bowe — RecrossBrett BoweDean A. Strang3lines spoken

Summary

Bowe clarified how nighttime search lights were moved; the court later declined to allow juror questions to witnesses.

DirectPeter O'Connor — DirectPeter O'ConnorKenneth R. Kratz33lines spoken

Summary

Peter O'Connor described the first roadside roadblock at Avery Road, vehicles leaving the property, and the limits of his search involvement.

RedirectPeter O'Connor — RedirectPeter O'ConnorKenneth R. Kratz12lines spoken

Summary

O'Connor located his Avery Road vehicle stop on an aerial photograph, which the court admitted as Exhibit 127.

DirectJason Orth — DirectJason OrthKenneth R. Kratz62lines spoken

Summary

Orth described finding and identifying the RAV4, then watching it while officers secured the area.

RedirectJason Orth — RedirectJason OrthKenneth R. Kratz5lines spoken

Summary

Orth described a brief look inside the RAV4, an item that stood out against the darker interior, and no dark blood seen.

DirectTodd Hermann — DirectTodd HermannKenneth R. Kratz42lines spoken

Summary

Hermann described the initial watch over the RAV4, said he saw no one disturb it, and explained the transfer of scene security to Calumet County.

CrossTodd Hermann — CrossTodd HermannJerome F. Buting6lines spoken

Summary

Buting tested Hermann on conflict concerns, the RAV4's condition, gaps in the southwest perimeter, and the timing of Calumet County's takeover of vehicle security.

RedirectTodd Hermann — RedirectTodd HermannKenneth R. Kratz7lines spoken

Summary

Hermann clarified the RAV4's location; the court noted that aerial photographs shown so far were taken after its removal.

Day 5

Feb 16, 2007

DirectJulie Cramer — DirectJulie CramerKenneth R. Kratz73lines spoken

Summary

Julie Cramer described Brutus's vehicle and bathroom alerts, areas where he did not alert or could not search, and the limits of his cremated-remains testing.

RedirectJulie Cramer — RedirectJulie CramerKenneth R. Kratz5lines spoken

Summary

Cramer described a Brutus alert she initially feared was false but said was supported by a vehicle recovered weeks later.

RecrossJulie Cramer — RecrossJulie CramerDean A. Strang4lines spoken

Summary

Cramer confirmed Brutus alerted on two of four burn barrels.

DirectThomas Fassbender — DirectThomas FassbenderKenneth R. Kratz255lines spoken

Summary

Fassbender outlined the November 5–12 searches, RAV4 handling, and discoveries of a Toyota key, license plates, and bone pieces; a discovery dispute was also raised.

CrossThomas Fassbender — CrossThomas FassbenderJerome F. Buting16lines spoken

Summary

Buting challenged Fassbender on search-team choices, repeated searches, scene logs, and an anonymous smelter lead; Fassbender acknowledged limits in the trailer and garage evidence.

RedirectThomas Fassbender — RedirectThomas FassbenderKenneth R. Kratz58lines spoken

Summary

Fassbender addressed the smelter letter, RAV4 photographs, items seized in the first search, and his reasons for assigning Lenk and Colborn search duties.

RedirectThomas Fassbender — RedirectThomas FassbenderKenneth R. Kratz3lines spoken

Summary

The court sustained an objection to Kratz's final question to Fassbender as beyond the scope of redirect.

DirectWilliam Brandes, Jr. — DirectWilliam Brandes, Jr.Kenneth R. Kratz42lines spoken

Summary

Brandes described finding folded license plates in a station wagon, handling them to read the number, and identifying photographs of their location.

CrossWilliam Brandes, Jr. — CrossWilliam Brandes, Jr.Dean A. Strang3lines spoken

Summary

Brandes described the station wagon's location, the plates' folded shape, and his check of their number against a trooper's written record.

DirectCindy Paine — DirectCindy PaineKenneth R. Kratz53lines spoken

Summary

Paine identified license plates found in a station wagon and her photograph of them; the court admitted the plates and photographs without objection.

Day 6

Feb 19, 2007

CrossJohn Ertl — CrossJohn ErtlJerome F. Buting9lines spoken

Summary

Ertl was pressed on contamination, RAV4 timing, limited scene photography, negative garage-floor blood screening, and how burn pit material was collected.

DirectDavid Siders — DirectDavid SidersKenneth R. Kratz58lines spoken

Summary

Siders described finding a burn barrel and apparent cell-phone parts during a field search, then explained his handling of the barrel before three photographs were admitted.

CrossDavid Siders — CrossDavid SidersDean A. Strang3lines spoken

Summary

Siders clarified the burn barrel's contents, the limits of the photographs and his location estimate, and why he did not join the dives.

DirectWilliam Tyson — DirectWilliam TysonKenneth R. Kratz259lines spoken

Summary

Tyson traced RAV4 security, Calumet's oversight of the first residence search, seized items, and later hood-latch and DNA-related collection.

ProceduralExhibit Admissions and End-of-Day Counsel Matters29lines spoken

Summary

The court admitted several exhibit groups, corrected the status of Exhibits 89 and 28, and clarified how disputed photograph dates could be presented to the jury.

Day 7

Feb 20, 2007

CrossWilliam Tyson — CrossWilliam TysonJerome F. Buting19lines spoken

Summary

Tyson qualified how closely he observed Manitowoc officers, distinguished the searches from the later key discovery, and described limited negative blood-testing results.

RedirectWilliam Tyson — RedirectWilliam TysonKenneth R. Kratz9lines spoken

Summary

Tyson qualified his knowledge of Zander Road, identified who continued SUV security, and saw two exhibits admitted.

DirectAndrew L. Colborn — DirectAndrew L. ColbornKenneth R. Kratz361lines spoken

Summary

Colborn traced his Avery-property searches, described how a Toyota-emblem key was found and handled, and denied planting evidence.

CrossAndrew L. Colborn — CrossAndrew L. ColbornDean A. Strang9lines spoken

Summary

Strang tested Colborn's reporting and recollection, played his apparent license-plate call, and questioned the omission of the Toyota key from his report.

colloquyOut-of-Jury Issue After Colborn Cross-Examination8lines spoken

Summary

The parties disputed the status of the defense's blood-planting theory and flagged a later hearing over pending FBI testing; the court took no immediate action.

RedirectAndrew L. Colborn — RedirectAndrew L. ColbornKenneth R. Kratz17lines spoken

Summary

Colborn explained two earlier calls, could not place the plate inquiry relative to his November 3 visit, and denied being near the Avery salvage property on November 4.

DirectJames Lenk — DirectJames LenkKenneth R. Kratz173lines spoken

Summary

Lenk described Manitowoc's assisting role, qualified the scope of early property searches, and denied planting evidence or resentment over Avery's lawsuit.

Day 8

Feb 21, 2007

DirectJames Lenk — DirectJames LenkKenneth R. Kratz79lines spoken

Summary

Lenk described finding the bedroom key after the cabinet was moved, the officers' belief about its source, and his denial that he planted evidence.

ProceduralHearing on blood-vial questioning of Lenk10lines spoken

Summary

The court allowed the defense to question Lenk about possible knowledge of a blood vial, while noting that neither the proposed link nor the vial's existence had been established.

CrossJames Lenk — Cross resumesJames LenkDean A. Strang11lines spoken

Summary

Strang challenged Lenk's arrival time, the bedroom key's discovery, search documentation, and his failure to disclose a recent deposition in Avery's lawsuit.

RedirectJames Lenk — RedirectJames LenkKenneth R. Kratz42lines spoken

Summary

Lenk addressed accusations of planting evidence, evidence custody, cell-phone use, and repeated searches; the court sustained objections to speculative questions about a key and fitness card.

RecrossJames Lenk — RecrossJames LenkDean A. Strang4lines spoken

Summary

Lenk addressed a possible use for the scanner, qualified his knowledge of the license-plate call, and confirmed his transmittal-form role; Exhibit 214 was admitted.

DirectDave Remiker — DirectDave RemikerKenneth R. Kratz221lines spoken

Summary

Remiker described identifying Halbach's RAV4, assisting with property searches, recording an answering-machine message, and collecting a garage bullet fragment.

ProceduralJury-out hearing on Remiker disclosure issue4lines spoken

Summary

Strang raised discrepancies in Remiker's testimony, then reported an undisclosed defendant statement; both sides obtained the report and agreed on an unspecified curative measure without a mistrial request.

CrossDave Remiker — CrossDave RemikerDean A. Strang5lines spoken

Summary

Strang tested Remiker's early focus on Avery through dispatch calls and questioned the warrant, residence searches, and gap between garage shell casings and the later bullet-fragment discovery.

ProceduralJury-out arguments on investigative bias and prior conviction10lines spoken

Summary

The court denied the State's request to question Remiker about Avery's prior conviction in response to investigative-bias cross-examination.

RedirectDave Remiker — RedirectDave RemikerKenneth R. Kratz22lines spoken

Summary

Remiker clarified Jacobs's dispatch call, compared time spent at the Avery and Zipperer properties, and described his goal as finding Halbach.

DirectDaniel Kucharski — DirectDaniel KucharskiKenneth R. Kratz55lines spoken

Summary

Kucharski described the salvage-yard dog search and the next day's garage search, including .22 shell casings, evidence collection, and photographs of electrical cords.

Day 9

Feb 22, 2007

DirectDaniel Kucharski — Continued Direct ExaminationDaniel KucharskiKenneth R. Kratz187lines spoken

Summary

Kucharski described the limited garage search, collected evidence, and discovery of the bedroom key; the court struck a speculative answer and admitted exhibits with two exceptions.

CrossDaniel Kucharski — CrossDaniel KucharskiJerome F. Buting18lines spoken

Summary

Buting tested Kucharski's account of the bedroom key, the initial garage search, swab documentation, and a ten-versus-eleven shell-casing count.

ProceduralSeated Juror’s Prior Trial Involving Detective Remiker4lines spoken

Summary

The court questioned a juror about a prior civil trial involving Detective Remiker, denied a defense motion to strike her, and limited audiovisual coverage.

DirectGary Steier — DirectGary SteierKenneth R. Kratz47lines spoken

Summary

Steier described collection and custody of two garage bullet fragments, distinguished Lenk's presence at the perimeter from entry into the garage, and the court admitted the exhibits.

CrossGary Steier — CrossGary SteierJerome F. Buting4lines spoken

Summary

Buting tested Manitowoc's return to the March search, Lenk's presence in search logs, and the limits of Steier's knowledge and vigilance.

DirectKevin Heimerl — DirectKevin HeimerlKenneth R. Kratz140lines spoken

Summary

Heimerl described burn-pit debris sorting, a marked clothing rivet, and his discovery of two bullets during the March garage search.

CrossKevin Heimerl — CrossKevin HeimerlJerome F. Buting3lines spoken

Summary

Buting tested what the March garage search could establish about November conditions, along with Heimerl's observations of bullets, burned debris, and blood spatter.

RedirectKevin Heimerl — RedirectKevin HeimerlKenneth R. Kratz6lines spoken

Summary

Heimerl said the garage was padlocked between search days but could not identify which day the padlock photograph showed.

RecrossKevin Heimerl — RecrossKevin HeimerlJerome F. Buting3lines spoken

Summary

Heimerl said he understood Avery was jailed during the period in question and could not have entered the garage; the court then admitted four exhibits.

Day 10

Feb 23, 2007

DirectKatie Halbach — DirectKatie HalbachKenneth R. Kratz67lines spoken

Summary

Katie Halbach identified a comparison pair of jeans and a lanyard she had given Teresa; the court admitted four related exhibits.

ProceduralEnd-of-day jury admonition after Culhane’s direct examination22lines spoken

Summary

The court gave jurors weekend instructions, then admitted forensic exhibits and reviewed outstanding exhibit status. The defense reserved its position on whether five Crime Lab reports should go to the jury during deliberations.

Day 12

Feb 27, 2007

DirectBlaine Dassey — DirectBlaine DasseyKenneth R. Kratz228lines spoken

Summary

Blaine Dassey described Steven Avery putting a bag into a burning barrel after school and a later bonfire behind the garage, but could not identify the person he saw near the nighttime fire.

CrossBlaine Dassey — CrossBlaine DasseyDean A. Strang5lines spoken

Summary

Strang tested Blaine Dassey's fire account against earlier police interviews and questioned him about a confrontational November 15 interview; the court limited how a police report could be used to refresh his recollection.

RedirectBlaine Dassey — RedirectBlaine DasseyKenneth R. Kratz19lines spoken

Summary

Blaine confirmed his November 15 fire account and said Steven's habit of bossing him around—not fear of retaliation—explained why he had said he was scared.

DirectRobert Fabian — DirectRobert FabianKenneth R. Kratz58lines spoken

Summary

Fabian described burn-barrel smoke that smelled like plastic, a garage door he believed was closed, and seeing Steven Avery near the trailer around 5:20 p.m.

DirectScott Tadych — DirectScott TadychKenneth R. Kratz90lines spoken

Summary

Scott Tadych described passing Bobby Dassey before 3 p.m. and seeing a large evening fire near Steven Avery's garage, with Avery standing nearby.

RedirectScott Tadych — RedirectScott TadychKenneth R. Kratz7lines spoken

Summary

Tadych said his recollection was clearer in November 2005 and clarified that he assumed Barb went home after leaving his house.

DirectBobbie Dohrwardt — DirectBobbie DohrwardtKenneth R. Kratz39lines spoken

Summary

Cellcom custodian Bobbie Dohrwardt described Avery's October 31 call records, including two calls to Teresa Halbach using *67; the court received the records and a summary.

CrossBobbie Dohrwardt — CrossBobbie DohrwardtJerome F. Buting6lines spoken

Summary

Dohrwardt confirmed an 11-second connection for the 4:35 p.m. call despite a zero duration in the prosecutor-prepared summary, and agreed the summary should be amended.

RedirectBobbie Dohrwardt — RedirectBobbie DohrwardtKenneth R. Kratz36lines spoken

Summary

Dohrwardt described limits in reading Cingular records for the 4:35 p.m. call; after objections, the judge limited her testimony to Cellcom and deferred the Cingular questions.

DirectLaura Schadrie — DirectLaura SchadrieKenneth R. Kratz67lines spoken

Summary

Cingular custodian Laura Schadrie traced Teresa Halbach's October 31 calls, including a 4:35 p.m. call attributed to Steven Avery, but could not say whether that call was completed.

CrossLaura Schadrie — CrossLaura SchadrieJerome F. Buting4lines spoken

Summary

Buting tested the limits of Cingular call records and a separate summary, then began questioning Schadrie about voicemail-status records without obtaining an answer to his November 5 question.

ProceduralNovember 2 Voicemail Access, Investigative-Bias Theory, and Deferred Admissibility Ruling15lines spoken

Summary

The judge deferred a final ruling on the defense’s proposed November 2 voicemail-access evidence, declining to allow it at that time while considering its relevance.

CrossLaura Schadrie — Cross-Examination ResumedLaura SchadrieJerome F. Buting8lines spoken

Summary

Schadrie clarified that blank dialed-number fields reflected incoming calls, while counsel explained the name-based summaries and preserved a dispute over the 4:35 p.m. call duration.

DirectBobbie Dohrwardt — Direct (Recall)Bobbie DohrwardtKenneth R. Kratz28lines spoken

Summary

Dohrwardt interpreted the phone records as showing a final cell-site connection at 2:41 p.m. and a 4:35 p.m. call spent in voicemail, while qualifying her reading of the Icell column.

Day 13

Feb 28, 2007

ProceduralMorning Discussion of Voicemail Records and Exhibit 3724lines spoken

Summary

Counsel disputed the meaning of Teresa Halbach's voicemail records, and Exhibit 372 was marked for identification while the court's ruling remained reserved.

DirectKaren Halbach — DirectKaren HalbachKenneth R. Kratz51lines spoken

Summary

Karen Halbach described Teresa's family routines, recounted a November 3 call expressing concern about her absence, and identified three records of Teresa's personal devices that the court admitted.

Day 14

Mar 1, 2007

DirectCurtis Thomas — DirectCurtis ThomasKenneth R. Kratz101lines spoken

Summary

FBI engineer Curtis Thomas identified burned phone, camera, and PDA components and explained why he could not recover data from the damaged materials.

RedirectCurtis Thomas — RedirectCurtis ThomasKenneth R. Kratz5lines spoken

Summary

Thomas identified surviving components as primarily metal and missing components as primarily plastic after Kratz rephrased a question challenged as speculative.

RecrossCurtis Thomas — RecrossCurtis ThomasJerome F. Buting3lines spoken

Summary

Thomas could not say whether missing components included metal because he had not examined which pieces were absent.

Day 17

Mar 6, 2007

ProceduralStatus of pending motions and voicemail testimony4lines spoken

Summary

The court reviewed pending fair-testing, voicemail-evidence, and search-suppression matters, identifying possible argument, planned testimony, and transcript review without ruling.

RecrossLynn Zigmunt — RecrossLynn ZigmuntJerome F. Buting5lines spoken

Summary

Zigmunt distinguished the file's usual storage location from a viewing-area photograph; the court sustained a scope objection, then admitted Exhibits 468–471 after a witness-order discussion.

Day 18

Mar 7, 2007

RecrossMichael Riddle — RecrossMichael RiddleJerome F. Buting11lines spoken

Summary

Riddle said unswabbed rifle areas might have been suitable for fingerprint examination; the court admitted Exhibits 497 and 498.

DirectAnthony Joseph Zimmerman — DirectAnthony Joseph ZimmermanKenneth R. Kratz51lines spoken

Summary

Zimmerman explained the limits of Halbach's cellphone and voicemail records, including message timing and possible remote access.

DirectMichael Daniel Halbach — DirectMichael Daniel HalbachKenneth R. Kratz20lines spoken

Summary

Michael Halbach described accessing Teresa's voicemail, hearing an automated count of 18 new messages, and saving about half of them.

CrossMichael Daniel Halbach — CrossMichael Daniel HalbachJerome F. Buting4lines spoken

Summary

Halbach said he did not believe he erased voicemail messages; the parties then recorded agreements about telephone testimony and witness order.

DirectMark Wiegert — DirectMark WiegertKenneth R. Kratz54lines spoken

Summary

Wiegert described the blood-vial inquiry and FBI transfer; the court limited secondhand testimony and barred an access question.

CrossMark Wiegert — CrossMark WiegertDean A. Strang18lines spoken

Summary

Wiegert addressed investigative leads, two Avery-property searches, and the blood vial; the State then announced it was resting subject to exhibit matters.

Day 19

Mar 8, 2007

ProceduralMotion for judgment of acquittal4lines spoken

Summary

The defense sought acquittal on four counts, concentrating on whether the evidence supported false imprisonment. The State opposed the motion; the court did not rule.

ProceduralAfternoon exhibit reconciliation14lines spoken

Summary

The court admitted several exhibits, and the State withdrew two disputed phone-record summaries before the defense case began.

DirectRoland Johnson — DirectRoland JohnsonJerome F. Buting5lines spoken

Summary

Johnson identified his Marlin .22 and described years of firing near the garage, but said he last used it before Jodi moved in. He could not date smelter use from its appearance.

CrossRoland Johnson — CrossRoland JohnsonKenneth R. Kratz105lines spoken

Summary

Johnson discussed Avery's hand cut, identified his firearms, and said casings from his outdoor shooting could have entered the garage. He could not establish later burn-barrel use.

Day 20

Mar 9, 2007

DirectJanine Arvizu — DirectJanine ArvizuJerome F. Buting3lines spoken

Summary

Defense expert Janine Arvizu testified that the FBI’s EDTA non-detections did not rule out EDTA in the tested RAV4 bloodstains, citing an unestablished method detection limit and a two-microliter sample called not detected.

CrossMark Wiegert — CrossMark WiegertKenneth R. Kratz12lines spoken

Summary

Wiegert described Buchner's reported photographer sighting near an intersection and identified two vehicles there that Halbach had photographed; the court struck part of a speculative answer.

RecrossMark Wiegert — RecrossMark WiegertKenneth R. Kratz2lines spoken

Summary

Wiegert addressed uncertainty in Ms Buchner's sighting timeline; the court warned jurors about outside information and admitted Exhibit 501.

Day 21

Mar 12, 2007

ProceduralIndividual seated-juror inquiries about publicity and outside contact7lines spoken

Summary

The court questioned seated jurors about publicity and outside contact, followed up on family comments and television tickers, and recessed without ruling on juror service.

Day 23

Mar 14, 2007

ProceduralFinal Instructions Confirmed with Counsel3lines spoken

Summary

Counsel confirmed the final jury instructions, with the defense noting requested instructions the court had not given, before the jury returned for instructions and closing arguments.

ProceduralWritten Instructions and Closing-Argument Logistics5lines spoken

Summary

The court directed jurors to set aside their written instructions during closings unless an attorney asked them to consult a passage, then explained the order of arguments.

ClosingState’s Closing Argument by Kenneth KratzKenneth R. Kratz1highlight12lines spoken

Summary

Kratz began the State's closing with the RAV4, blood and DNA evidence, and burned electronics; an objection led the court to remind jurors that argument is not fact.

Highlights (1)

otherKratz framed the RAV4's discovery on the Avery property as the starting point for the State's account and argued that its location supported an inference of concealment.Open in transcript →

ProceduralArgument on “Uncontested Facts” and Defendant’s Silence3lines spoken

Summary

Strang objected to the State's “uncontested facts” phrasing during closing; the judge found no improper comment so far but cautioned against implying Avery had to testify or produce evidence.

ClosingState’s Closing Argument ResumesKenneth R. Kratz15lines spoken

Summary

Kratz completed the State's closing by linking its timeline, burn-area, firearm, and DNA arguments and requesting guilty verdicts on the three remaining charges.

ProceduralObjection to Pretrial-Publicity References in Defense Closing3lines spoken

Summary

The judge barred further references to pretrial publicity in the defense closing but declined corrective action for comments already made.

ClosingDefense Closing Argument ResumesJerome F. Buting5lines spoken

Summary

Buting challenges the key, RAV4 blood, bullet DNA, and EDTA evidence as he argues the investigation left reasonable doubt; a third-party-liability objection interrupts his closing.

ProceduralObjection to Third-Party Liability Argument4lines spoken

Summary

The court distinguished its third-party-evidence order from closing argument and offered the defense a chance to clarify its investigative-bias point.

ProceduralAlternate-Juror Strike Agreement and Excusals5lines spoken

Summary

The parties agreed to strike two jurors, and the judge adjourned closing arguments, began sequestration, and identified Terri Temme and Laura Barber for excusal.

Day 24

Mar 15, 2007

ProceduralMorning session and juror-cause clarification3lines spoken

Summary

Both sides confirmed that they sought no juror excusals for cause based on individual voir dire before closings resumed.

RebuttalState rebuttal closing argument by Kenneth KratzKenneth R. Kratz1highlight20lines spoken

Summary

Kratz rebutted the defense's planting theory and forensic challenges; after a defense objection, the court reminded jurors that arguments are not evidence.

Highlights (1)

otherKratz argues that the cabinet photographs and Colborn's account offer a plausible explanation for the key's discovery, then urges jurors to consider the other evidence even if they set the key aside.Open in transcript →

ProceduralExhibit withdrawal and jury-room materials15lines spoken

Summary

The court withdrew four photograph exhibits, deferred a request to withdraw three physical exhibits, and limited automatic jury-room materials to the remaining photographs.

Day 26

Mar 17, 2007

Jury QuestionsJury request and rereading of Culhane’s rifle DNA testimonySherry Culhane5lines spoken

Summary

The jury heard a readback of Culhane's negative DNA findings for the tested rifle barrel and trigger area, including the limit of her swabbing.

Day 27

Mar 18, 2007

ProceduralJudgments on verdicts and post-trial orders3lines spoken

Summary

Judge Willis entered convictions on Counts 1 and 3 and an acquittal on Count 2, ordered a presentence report, and revoked bail. Post-trial scheduling remained open.

DasseyBrendan DasseyApr 16, 2007 – Apr 25, 2007

In Brendan Dassey's 2007 trial, special prosecutor Kenneth R. Kratz presented the State's account of Dassey's recorded statements and the investigative evidence offered to support them. He later challenged defense testimony about Dassey's suggestibility through cross-examination and a psychologist's rebuttal testimony.

Day 1

Apr 16, 2007

OpeningState's Opening StatementKenneth R. Kratz1highlight17lines spoken

Summary

Kratz outlined the State's theory that Dassey helped Avery assault and kill Halbach, then previewed Dassey's recorded statement and evidence the State said would corroborate it.

Highlights (1)

otherKratz framed the State's case under party-to-a-crime liability, arguing that the expected evidence would show Dassey assisted Avery or stood ready and willing to assist him.Open in transcript →

DirectKaren Halbach — DirectKaren HalbachKenneth R. Kratz104lines spoken

Summary

Karen Halbach described Teresa's life, her last family visit, the search after she went missing, and exhibits the court received.

DirectKatie Halbach — DirectKatie HalbachKenneth R. Kratz62lines spoken

Summary

Katie Halbach identified a lanyard she gave Teresa, described jeans she selected as similar to Teresa's, and said she had not seen or heard from her sister after October 30.

DirectThomas Fassbender — DirectThomas FassbenderKenneth R. Kratz213lines spoken

Summary

Fassbender described the Avery Yard search, RAV4 handling, recovered items, and Dassey's reported February 27 account of garage-floor cleanup; the court limited two exhibit admissions.

RedirectThomas Fassbender — RedirectThomas FassbenderKenneth R. Kratz9lines spoken

Summary

Fassbender identified two tagged pairs of handcuffs from Barb Janda's bedroom and confirmed restraints were also found in Steven Avery's bedroom.

Day 2

Apr 17, 2007

ProceduralMorning Reconvening and Counsel Appearances3lines spoken

DirectWilliam Tyson — DirectWilliam TysonKenneth R. Kratz92lines spoken

Summary

William Tyson described searches of Steven Avery's trailer, identified recovered items, and explained how he swabbed the hood latch of Teresa Halbach's vehicle.

DirectKevin Heimerl — DirectKevin HeimerlKenneth R. Kratz84lines spoken

Summary

Kevin Heimerl described a burn barrel, the sorting of burned debris, and a garage search that located two bullet items.

RedirectKevin Heimerl — RedirectKevin HeimerlKenneth R. Kratz4lines spoken

Summary

Heimerl confirmed when officers were told about a shooting in the garage and who supplied the information.

DirectDaniel Kucharski — DirectDaniel KucharskiKenneth R. Kratz88lines spoken

Summary

Daniel Kucharski described the garage search, shell casings, rifles, and Toyota key recovered during searches of Steven Avery's property.

RedirectDaniel Kucharski — RedirectDaniel KucharskiKenneth R. Kratz6lines spoken

Summary

Kucharski clarified what he knew during the garage search and identified a phone message played in court.

RedirectDaniel Kucharski — RedirectDaniel KucharskiKenneth R. Kratz8lines spoken

Summary

Kucharski confirmed Steven Avery's firearm possession status, and the court found a follow-up question leading and suggestive.

Day 3

Apr 18, 2007

DirectJodi Stachowski — DirectJodi StachowskiKenneth R. Kratz45lines spoken

Summary

Stachowski recalled two October 31 calls with Steven Avery and described his bedroom as it was before she went to jail.

Day 4

Apr 19, 2007

ProceduralThree trial stipulations read to the jury6lines spoken

Summary

The judge read three agreed stipulations to the jury covering Halbach's October 31 visits, Bobby Dassey's RAV4 observations, and Scott Tadych's account of an evening fire.

DirectAnthony O'Neill — DirectAnthony O'NeillThomas J. Fallon4lines spoken

Summary

O'Neill described and played his recorded interview of Brendan Dassey; the judge allowed highlighted captions but instructed jurors to rely on the audio if the two differed.

Day 6

Apr 21, 2007

ProceduralCount 2 dismissal motion and ruling2lines spoken

Summary

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

DirectKris Schoenenberger-Gross — DirectKris Schoenenberger-GrossMark R. Fremgen6lines spoken

Summary

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

CrossKris Schoenenberger-Gross — CrossKris Schoenenberger-GrossKenneth R. Kratz1highlight69lines spoken

Summary

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.

Highlights (1)

testimony highlightShe gave a thinking-ability score of 93 and, using Exhibit 217, identified 2002 math reasoning and calculation scores of 102 and 100. She corrected Kratz's characterization of 102 as above average, calling it solidly average.Open in transcript →

RedirectKris Schoenenberger-Gross — RedirectKris Schoenenberger-GrossMark R. Fremgen5lines spoken

Summary

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.

CrossBlaine Dassey — CrossBlaine DasseyKenneth R. Kratz87lines spoken

Summary

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.

Day 7

Apr 23, 2007

colloquyCourt colloquy on Brendan Dassey’s decision to testify6lines spoken

Summary

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

ProceduralRenewed motion to exclude Dr. Gordon, ruling, and separate proposed State rebuttal witnesses10lines spoken

Summary

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.

Day 8

Apr 24, 2007

DirectRobert H. Gordon — DirectRobert H. GordonMark R. Fremgen21lines spoken

Summary

Robert H. Gordon testified that his testing and review of interview materials led him to conclude Brendan Dassey was highly suggestible when questioned with leading questions or mild pressure. The examination also addressed disputed IQ-chart labeling and records Gordon reviewed after writing his report.

CrossRobert H. Gordon — CrossRobert H. GordonKenneth R. Kratz1highlight308lines spoken

Summary

Kratz tested Gordon's suggestibility opinion against his reports, school records, interview review, and test methods. Gordon acknowledged omissions and a possible inventory error but maintained his opinion; the court also directed a review of requested notes.

Highlights (1)

testimony highlightKratz questioned Gordon about statements attributed to Brendan before and after the March 1 interview. Gordon called several statements relevant to consider but said he could not determine their accuracy from those questions; he maintained his suggestibility opinion.Open in transcript →

RecrossRobert H. Gordon — RecrossRobert H. GordonKenneth R. Kratz4lines spoken

Summary

Gordon said a changed interview answer was consistent with getting a confession. Fremgen then moved five exhibits, and Kratz reserved a possible objection to their later use.

ProceduralOffer of Proof and Ruling on Armentrout’s Rebuttal Testimony1highlight17lines spoken

Summary

The court allowed Armentrout's expert rebuttal on Gordon's tests and opinions, subject to foundation, but excluded a proposed debate over suggestibility as a specialty.

Highlights (1)

procedural actionKratz offered Armentrout to respond to Gordon's suggestibility testimony; Fremgen challenged Armentrout's relevant expertise and opposed testimony about whether suggestibility was a specialty.Open in transcript →

DirectJames Armentrout — DirectJames ArmentroutKenneth R. Kratz47lines spoken

Summary

On rebuttal, psychologist James Armentrout questioned the testing behind Dr. Gordon's suggestibility opinion and said he would not reach the same conclusion.

CrossJames Armentrout — CrossJames ArmentroutMark R. Fremgen3lines spoken

Summary

Fremgen tested Armentrout's qualifications and familiarity with suggestibility research. Armentrout acknowledged he had not examined Dassey or administered the Gudjonsson scale, but maintained his disagreement with the conclusion he would draw from Gordon's materials.

ProceduralConclusion of Testimony and Trial-Day Adjournment9lines spoken

Day 9

Apr 25, 2007

ProceduralAmendment of Count 3 to second-degree sexual assault1highlight2lines spoken

Summary

The court granted the State's unopposed motion to amend Count 3 to second-degree sexual assault as a party to the crime.

Highlights (1)

rulingKratz moved to amend Count 3 to second-degree sexual assault as a party to the crime. Fremgen did not object, and the court granted the amendment.Open in transcript →

Charge ConferenceJury-instruction conference and corroboration-instruction ruling1line spoken

Summary

Judge Fox denied the defense's requested corroboration instruction and chose Instruction 180 on confessions and admissions.

ProceduralEntry of judgment on the verdicts1highlight1line spoken

Summary

Judge Fox entered judgment of guilty on the jury's verdicts and asked about setting a sentencing date.

Highlights (1)

rulingAt Kratz's request, the court entered judgment of guilty based on the jury's verdicts.Open in transcript →

ProceduralBail revocation and sentencing preparations9lines spoken

Summary

The court revoked bail, made the presentence investigation due July 16, and set sentencing for August 6 at 9 a.m.