STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC …

1 1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY. BRANCH 1. 2. _____. 3. STATE OF WISCONSIN , 4. PLAINTIFF, JURY TRIAL. 5 TRIAL DAY 13. 6 vs. Case No. 05 CF 381. 7 STEVEN A. AVERY, 8 DEFENDANT. 9 _____. 10. DATE: FEBRUARY 28, 2007. 11. BEFORE: HON. PATRICK L. WILLIS. 12 CIRCUIT COURT Judge 13 APPEARANCES: 14 KENNETH R. KRATZ. Special Prosecutor 15 On behalf of the STATE of WISCONSIN . 16 THOMAS FALLON. Special Prosecutor 17 On behalf of the STATE of WISCONSIN . 18 NORMAN A. GAHN. Special Prosecutor 19 On behalf of the STATE of WISCONSIN . 20 DEAN STRANG. Attorney at Law 21 On behalf of the defendant. 22 JEROME BUTING.

2 Attorney at Law 23 On behalf of the defendant. 24 STEVEN A. AVERY. Defendant 25 Appeared in person. 1. 1 * * * * * * * *. 2 TRANSCRIPT OF PROCEEDINGS. 3 Reported by Jennifer K. Hau, RPR. 4 Official COURT Reporter 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 2. 1 I N D E X. 2 WITNESSES PAGE. 3. SPECIAL AGENT TOM STURDIVANT. 4. Direct Examination by ATTORNEY FALLON 7-31. 5. Cross-Examination by ATTORNEY STRANG 31-58. 6. DR. DONALD SIMLEY. 7. Direct Examination by ATTORNEY FALLON 59-91. 8. Cross-Examination by ATTORNEY STRANG 92-99. 9. KAREN HALBACH. 10. Direct Examination by ATTORNEY KRATZ 99-108.

3 11. DR. LESLIE EISENBERG. 12. Direct Examination by ATTORNEY FALLON 114-173. 13. Cross-Examination by ATTORNEY STRANG 174-239. 14. 15 EXHIBITS MARKED MOVED ADMITTED. 16 372 6. 17 373 22 31 31. 18 363-371 31 31. 19 374 67 67. 20 375-377 91 92. 21 378-380 109 109. 22 381 121 122 123. 23 382-400 173 173. 24 402 237. 25. 3. 1 (Reconvened at 9:12 , jurors not present.). 2 THE COURT : At this time the COURT calls 3 STATE of WISCONSIN vs. Steven Avery, Case No. 4 05 CF 381. We're here this morning, uh, outside the 5 presence of the jury at this time for the 6 continuation of the trial in this matter. Will the 7 parties STATE their appearances for the record, 8 please?

4 9 ATTORNEY KRATZ: Good morning, Judge. 10 The STATE appears by the Calumet County District 11 Attorney, Ken Kratz, Assistant Attorney General, 12 Tom Fallon, Assistant Norm Gahn, appearing 13 as special prosecutors. 14 ATTORNEY STRANG: Steven Avery's present 15 in person, Jerome Buting and Dean Strang on his 16 behalf. 17 THE COURT : All right. I'll indicate for 18 the record that I met with counsel, uh, in chambers 19 before beginning today, uh, to discuss the schedule 20 for today, uh, and, uh, the COURT also discussed 21 with counsel the, um, issue relating to the, uh, 22 victim's, uh, voicemail records, which the COURT 23 reserved ruling on, uh, yesterday, uh, and I'd like, 24 uh, counsel to indicate the status of that matter as 25 they see it, uh, this morning.

5 4. 1 Um, Mr. Buting, you were offering the 2 evidence, so I'll have you go first. 3 ATTORNEY BUTING: Yes, Judge. Uh, my 4 understanding is that, uh, there may or may not 5 be a -- a explanation that -- acceptable to the 6 defense as to the, uh, nature of these particular 7 records, which seem to indicate that messages 8 were listened to only through November 2 at eight 9 10 Um, the STATE is going to be following 11 up on this and attempting to confirm, or get some 12 information, or actually present a -- a witness 13 from Cingular who can explain their records, 14 which clearly seem to indicate that, to me, if 15 the records are -- can be explained otherwise, 16 then we'll have that answer, and, if not.

6 Then 17 it's something that we will be raising and asking 18 the COURT to permit, um -- to be admitted at 19 this -- in this trial. 20 THE COURT : Mr. Kratz? 21 ATTORNEY KRATZ: Judge, we, uh, will 22 have a combination of witnesses that will explain 23 Mr. Buting's misinterpretation of these records. 24 Uh, we intend to do that before the close of our 25 case, just as soon as those witnesses, which we 5. 1 expect to be remote witnesses, that is, from out 2 of STATE , uh, are, uh, available. I'll alert the 3 COURT and Counsel of that fact and we will be 4 calling them, as I mentioned, before the close of 5 our case. 6 THE COURT : All right.

7 Uh, anything else 7 before we bring in the jurors? 8 ATTORNEY BUTING: One thing I wonder is 9 whether we might want to at least mark the 10 exhibit that we were, uh -- that's the subject of 11 this issue so that it could be not presented to 12 the jury, obviously, unless it's so ruled, but at 13 least it is part of the record? 14 THE COURT : Oh, um, I agree. I wasn't 15 aware it hadn't been marked. Uh, it definitely 16 should be. 17 (Exhibit No. 372 marked for identification.). 18 ATTORNEY BUTING: All right. So this 19 is -- 20 THE COURT : What is the exhibit number? 21 ATTORNEY BUTING: It's 372, but the, 22 uh -- Exhibit is 372 and it's a, uh -- a computer 23 record of voicemails from Teresa Halbach's 24 Cingular phone covering the period of October 31.

8 25 through November 3. I think there actually is 6. 1 one two weeks later even, November 16. Um, a 2 record from Cingular, and the interpretation or 3 explanations of it will have to wait until we can 4 find out further information. 5 THE COURT : Very well. Anything else 6 before we bring in the jury? 7 ATTORNEY KRATZ: Your Honor, I think I. 8 need that exhibit number again. I'm sorry. 9 Three -- 10 THE CLERK: Three seventy-two. 11 ATTORNEY KRATZ: Three seventy-two. 12 Thank you. 13 THE COURT : All right. You can call in the 14 jury. 15 (Jurors in at 9:17 ). 16 THE COURT : You may be seated. Uh, good 17 morning, members of the jury.

9 Uh, Mr. Kratz, at 18 this time you may call the STATE 's next witness. 19 ATTORNEY FALLON: Um, yes, Your Honor. 20 Um, the STATE would call, uh, to commence 21 testimony today, Special Agent Tom Sturdivant. 22 THOMAS STURDIVANT, 23 called as a witness herein, having been first duly 24 sworn, was examined and testified as follows: 25 THE CLERK: Please be seated. Please STATE 7. 1 your name and spell your last name for the record. 2 THE WITNESS: Thomas Allen Sturdivant, 3 S-t-u-r-d-i-v-a-n-t. 4 DIRECT EXAMINATION. 5 BY ATTORNEY FALLON: 6 Q What do you do for a living? 7 A I'm a special agent with the WISCONSIN Department of 8 Justice, Division of Criminal Investigation.

10 9 Q How long have you been employed with the 10 Department of Justice? 11 A Since November of 1998. 12 Q What is your current assignment? 13 A I am currently assigned to the Narcotics Bureau. 14 Q And how long have you held that assignment? 15 A Approximately two years now. 16 Q And where are you based? 17 A I'm based out of Wausau. 18 Q Prior to receiving a narcotics assignment, what 19 else -- what other assignments have you held in 20 the employ of the Department of Justice? 21 A I worked in the Arson Bureau, as well as the 22 Financial Crimes Bureau. 23 Q Prior to joining the WISCONSIN Department of 24 Justice, had you had other law enforcement 25 experience?