Testimony Notes 14 February, 2007 Testimony

Nikole Sturm, daughter of Pamela Sturm, testified about her involvement with the discovery of Halbach’s SUV.

She reiterated her mother’s statements. They stood near the auto crusher and closely watched the investigating officers approaching the vehicle to insure their behavior. Manitowoc officers arrived first, but Sturm wasn’t sure who was from what department. Only two plain clothed detectives identified themselves.

Defense Attorney Jerome Buting showed that the concealment made the vehicle more obvious rather than less. It was double parked and partially concealed so “RAV” was clearly visible under the concealment. So, it wasn’t hidden in plain sight. It was emphasized by partial concealment.

The photos of the Toyota used at trial were taken by Nikole.

Bobby Dassey, who is Steven Avery’s nephew, testified for the prosecution. He is also the brother of Brendan Dassey who is also accused Mainly he identified photos of various items and buildings around the This included his grandmother’s golf cart.

Dassey also established Halbach’s time of arrival, about 14:30 on 31 October, 2005. She took photos of his mother’s van, then headed toward Avery’s mobile home. When he left around 15:00, the Halbach vehicle was present. When he returned at around 17:00, the van was gone. He testified that he is a very deep sleeper doesn’t hear the telephone ring.

Special Prosecutor Ken Kratz established that the burn pit was used to burn things.

Kratz asked Bobby Dassey to recall an incident on 3 November, 2005. Dassey stated that Avery asked him and his friend if they would like to help get rid of a body, but he took it as a joke.

Dean Strang called for a mistrial and I suspect he came close to getting one. The discovery papers contained an interview with Dassey’s friend who stated that the conversation took place on Thursday 10 November instead. And that the comment was preceded by bantering between Bobby and Steven. Since that scenario was not possible (Avery was in jail), and the bantering was initiated by Bobby Dassey, it was ignored. Nothing indicated that there was any like statement from Dassey or that Dassey was interviewed about that statement.

The defense will have the extraordinary opportunity to interview Bobby Dassey prior to cross examination.

The way Kratz worded the question has me wondering if he were trying to sneak something into the trial that would be viewed as a confession. He had to know that this was a slippery slope. He claimed that it was after all only a joke, perhaps morbid.

We will see what tomorrow brings.

It is interesting to note that the Gannett Newspaper chain in this area proclaimed this as bombshell trial busting testimony. Apparently, their point is this is the incriminating testimony that proves Avery did the deed. They have been leaving out the pertinent information of the friendâ€™s statement to police and the fact that Kratz should not know about a November 3 conversation since that is not included in discovery.

Judge Willis stated that the defense had no fault here because the discovery material did not indicate anything like the Bobby Dassey trial statement. There may be more remedies eventually.

The defense team should recognize the kind of player that Kratz is. He has attempted to poison the jury pool on at least two occasions. The most egregious is the publication of the bogus Dassey confession. In that incident, Kratz launched a long gruesome televised public relations speech detailing activity that was not supported by evidence.

Yesterday, Kratz played the God card and managed to state Steven Avery murdered Halbach to a witness. I guess if the evidence is lacking, try the subliminal approach.

The State’s model maker, Highway Patrol Trooper, Tim Austin, explained his role in developing the graphic depictions used by the prosecution. These graphics are clean and sometimes almost wire frames. Austin claimed that the creations were for showing distances and locations rather than a real world layout.

The defense was able to get an admission from Austin that obstructions like trees were depicted as only a line. This points to the possibility that the Sturm women did not have such a clear view of the Toyota RAV after they retired to the car crusher.