Dassey Trial Notes – 21 April, 2007

Investigator Mark Wiegert continued as witness. His responses to defense questions were often evasive and misleading. He referred to restraints found in the bedroom of Brendan Dassey’s mother as coming from the Dassey residence generally.

Wiegert claimed that Dassey’s responses to the tattoo questions were incriminating. He finally had to agree that Dassey’s response were along the I don’t know line rather than knowledge. That is in response to the question “Do you disagree with me?” The answer is no and then Brendan says he doesn’t know where the tattoo is. But, Wiegert claims the result is incriminating.

When questioned about Dassey’s response that a single shot rifle was the weapon, rather than the semiautomatic Marlin from Avery’s trailer, Wiegert said that Dassey didn’t know about guns. So he guessed, but that meant nothing to Wiegert since it didn’t fit with his plan.

Wiegert claimed that finding the creeper in Avery’s garage was proof of the truth of the confession. Wiegert did not establish, nor did the prosecution, that this was the fist time that Dassey was in the garage. The creeper had no blood or other evidence of use in transporting a bleeding body.

Wiegert also claimed an empty bleach bottle found in the Steven Avery laundry room is scientific proof of the truth of his interpretation of the confession.

There is testimony about the variations in the confession such as the number of shots Brendan said he fired at Teresa. This varies from zero to three.

When questioned about the lack of evidence Wiegert would say he wasn’t surprised that the evidence didn’t exist for various reasons. He claimed that stabbing does not leave a splatter pattern. This is a debatable conclusion. Certainly, large arteries will pulse blood. And moving a stabbed body the number of times and places per the confession would definitely leave blood other than in the back of the Toyota.

Wiegert admitted that he was aware of a gunshot wound as early as November, 2005 so the claim that shooting was a new revelation is false. Generally, this witness appeared to be evasive.

The wrinkle with this trial is that new evidence that could determine guilt or innocence was not analyzed because of the quantity of evidence was already collected. That is a theme that is chronically present. Whether earlier evidence was useful before submittal doesn’t count.

There is another prosecution theme that weaves through testimony. No evidence still means he could have been there and committed this horrific crime without leaving any blood or anything else to corroborate the claims.

After persons are freed via DNA from wrongful imprisonment from a rape conviction, some prosecutors claim the person used someone else’s penis to commit the crime.

When Tom Fallon redirected, Wiegert listed all the case evidence as if this were a result of the confession.

The prosecution rested its case.

We did not hear from the woman who was alleged to have been threatened with the same fate as Halbach by Dassey. That was promised by Kratz in his opening.

Mark Fremgen requested the sexual assault charge be dropped. Judge Jerome Fox denied the request stating that restraints were enough to keep the charge.

School psychologist Kris Schoenberger-Gross testified for the defense.

Dassey was portrayed as a person with limited pitch changes and significantly delayed perception and comprehension. His interaction with adults is severely limited. In class if he doesn’t know an answer, he shrugs his shoulders. This is of course, a significantly different scenario than an interrogation.

His thinking ability and math reasoning scores are near average. His reading level is at the fourth grade level. Dassey’s cognitive efficiency is at the fourth percentile. So, he appears to be a mix of severely impaired to average, depending on what is measured.

Brendan’s brother Blaine said that Brendan was at home at least until Blaine left at 5:20. Blaine observed Steven Avery placing a plastic bag in Avery’s burn barrel when he got home and later on, a bonfire behind the Avery Garage. The Suzuki was parked outside. His brother was in bed when he got home around ten that evening.

How this testimony will work is difficult to predict, but generally alibi type comments from family members are discounted while incriminating comments from family members are amplified.

A person who employs Blaine from time to time and has employed Brendan testified about a phone call. He telephoned the Dassey residence on 31 October, 2005 to speak with Blaine Dassey. The witness talked to Brendan since Blaine had left. The call was between 5:20 P.M. to 6:00 P.M.