Testimony Notes – Week Ending 24 February, 2007
John Ertl from the State Crime Laboratory testified that he observed some red spots in Avery’s home which turned out to be blood. He was also excluded from much of the searching and documentation that was occurring. He later sent an email to Special Agent Tom Fassbender complaining about the lack of photo documentation. He did not see any blood in the Halbach vehicle. On redirect, he testified that if a person knew what he (Ertl) knew, they could clean a crime scene.
Sergeant Bill Tyson of Calumet County testified that he kept a fairly close eye on the three Manitowoc County officers he was assigned to watch. He, Lieutenant Lenk, Deputy Andrew Colburn, and Detective Dave Remiker were all in the small house trailer at the same time. He was responsible for documenting and collecting evidence as well as observing the Manitowoc people. He admitted his watching was not perfect.
Prosecutor Ken Kratz became upset when Jerome Buting several times referred to Tyson as a watchdog. Tyson appeared to be professional and reliable.
The two officers considered as persons of interest for planting evidence were next. Both Manitowoc County Officers appeared to be evasive and argumentative when questioned.
Andrew Colburn placed a telephone call to his dispatcher requesting a license plate check that matched the Halbach RAV. The call was made on the day Halbach was reported missing. Colburn interviewed Steven Avery later that day and found Avery to be very cooperative. Colburn did not document this until over six months later.
Lieutenant Lenk was evidence custodian for Manitowoc County. As such, he was responsible for the poor security and unsealed evidence at the courthouse. He denied having contact with Avery evidence, merely preparing and signing paperwork. He also angrily denied planting evidence.
Detective Dave Remiker led off his testimony by evading a question from Ken Kratz with an opinion about the quality of the search. The statement was struck by the judge. His major purpose was to be used as a frame to play a telephone message from Teresa Halbach to Barb Janda on the day of her disappearance. The reason for the recording rather than a transcription was to arouse the emotions of the jurors.
Calumet County Deputy Dan Kucharski testified about his duties to observe Lenk and Colburn in a later search that produced the plain sight key. He claimed it was not very possible to plant the key in his presence.
When Ken Kratz is asking a question that has a sound effect value, he grins like a Cheshire Cat. He did this when he elicited a statement from Kucharski that maybe aliens planted the key. Kratz doesn’t like the term coaching witness so I’ll use prepped instead. I’m sure when Kratz prepped this witness he wanted this statement to be made. It did draw chuckles from the peanut gallery.
Jerome Buting asked Kucharski if aliens were in fact present. Kucharski had to ponder that before he answered. Buting demonstrated that Kucharski was sitting facing the area where the key appeared but did not see it until Lenk directed him to look. Kucharski had stated earlier than only the murderer could have placed the key. I’m not sure how this characterized the three officers. Kucharski was the person in an earlier search who could not count shell casings. He gave the number as ten or eleven.
All four of these officers should have training on court testimony. Their behaviors and statements belied such training. It appears that all could use some training in technical writing as well. I find it disconcerting that people gathering evidence can testify in such opinionated manners.
Special Agent Ken Heimerl from the Wisconsin Department of Criminal Investigation was an example of a competent investigator. He documented locations by triangulation and photographed evidence. Initially, he took custody of the burn barrel. He was present and documented the bullet fragments in a March 2006 search of Avery’s garage. At least one of these fragments was another plain sight discovery.
This search was done after the extraction of the Brendan Dassey confession and the fragment one of the rare items that correlated with the confession. Heimerl testified that the garage was a substantially different scene from the time of the early searches in November, 2005.
Sherry Culhane finished the testimony for the week as a DNA analyst for the state Crime lab. She testified to the usual astronomical statistical occurrences all of which exceeded the likely lab error rate of two percent. She stated that the blood in Halbach’s SUV absolutely matched Steven Avery’s profile.
There was a swab she stated almost silently as an alleged sample from the hood latch of the SUV. That swab did have a reddish non blood contamination. She stated that sample was a match to Avery as well. It does not appear that she collected it.
When she discussed the identification of the bones in the fire pit, I do not recall a mention of the FBI findings. Also, I didn’t hear her talk about mitochondrial DNA as compared to nuclear DNA. I could not listen to her complete testimony.
The prosecution brought out the fact that she contaminated the control DNA test with her own material. She claimed this had no effect on the Avery tests. The State also had her testify about her role in the Avery exoneration. The prosecution did not mention her role in the original false conviction. That was a misidentification of hairs.
I don’t know whether she can testify about the body burning. I don’t understand how burning in an open fire pit was so complete. Crematoriums burn at 1500 degrees F. for two hours and bones remain. That is a completely different environment that a burn pit.
Ken Kratz got a bit whiny. First, he complained that the defense should put up or shut up with their planting theory. Then he wanted to be able to introduce actions of Avery’s that took place over twenty years ago although they were not even close to the crimes for which he is now on trial. These were both denied.
The defense renewed their request to suppress evidence obtained from repeated searches on a single search warrant. The Calumet County people were sloppy on this activity. They had Steven Avery’s digital camera for over a month before they obtained a search warrant to examine contents and the basis for the search was nebulous at best. And, their testimony has changed from the initial warrant state to now. This issue remains open.
by Brian McCorkle
in category Steven Avery
