Robert Fabian

Robert Fabian testified for the prosecution on Day 12 of Steven Avery's 2007 trial about a visit to Avery Salvage Yard on October 31, 2005. He said he and Earl Avery were rabbit hunting and approached Steven Avery's residence on a golf cart at about 5:20 p.m. Fabian described smoke from a burn barrel blowing toward them and smelling like plastic. He said he saw Steven leave his house, head toward the garage, and then come over to the golf cart.

Fabian believed the garage door was closed, but said he had not specifically looked at it and could not see inside. On cross-examination, he said his exposure to the smoke was brief. He had not looked inside the barrel, seen anyone put anything into it, or seen a larger fire. He placed his arrival at the yard around 4:45 or 4:50 p.m. and believed he was home by 5:45 p.m.

The prosecution later used Fabian's account to argue that Avery was burning Teresa Halbach's belongings. The defense disputed what the plastic smell established, arguing that its significance depended on a contested timeline and questioning why Fabian had not smelled a burning tire. Fabian's own observations did not identify what was in the barrel.