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1 STATE OF WISCONSIN CIRCUIT COURT MANITOWOC COUNTY BRANCH 3 2 3 STATE OF WISCONSIN,
1
STATE
OF WISCONSIN
CIRCUIT
COURT
MANITOWOC
COUNTY
BRANCH
3
2
3
STATE
OF WISCONSIN,
4
PLAINTIFF,
JURY
TRIAL
5
TRIAL
DAY
1
vs.
Case
No.
06
CF
88
6
BRENDAN
R.
DASSEY,
7
DEFENDANT.
8
9
10
DATE:
APRIL
16,
2007
11
BEFORE:
HON.
JEROME
L.
FOX
Circuit Court Judge
12
APPEARANCES:
13
KENNETH
R.
KRATZ
14
Special
Prosecutor
On
behalf
of
the
State
of Wisconsin.

15

 

THOMAS

J.

FALLON

 

16

Special

Prosecutor

 

On behalf

of

the

State

of Wisconsin.

17

 

NORMAN A.

GAHN

 

18

Special

Prosecutor

 

On

behalf

of

the

State

of Wisconsin.

19

 

MARK R. FREMGEN

 

20

Attorney at Law On behalf of the defendant.

21

 

RAYMOND

L.

EDELSTEIN

 

22

Attorney at

Law

 
 

On behalf

of

the

defendant.

23

 

BRENDAN R.

DASSEY

 

24

Defendant

Appeared

in

person.

25

1

COPY

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

*

*

*

*

*

*

*

*

TRANSCRIPT OF PROCEEDINGS

Reported by Jennifer

K.

Hau,

RPR

Official Court Reporter

2

1

INDEX

2

PAGE

3

PRELIMINARY

JURY

INSTRUCTIONS

5-20

4

OPENING

STATEMENTS

 

5

BY ATTORNEY

KRATZ

21-82

6

BY ATTORNEY

FREMGEN

82-97

7

WITNESSES

 

8

KAREN

HALBACH

9

Direct Examination by ATTORNEY KRATZ

102-122

10

Cross-Examination by ATTORNEY

FREMGEN

122

11

 

KATIE

HALBACH

12

 

Direct Examination by ATTORNEY KRATZ

123-132

13

14

THOMAS

FASSBENDER

15

Direct Examination by ATTORNEY KRATZ

133-196

16

Cross-Examination

by ATTORNEY EDELSTEIN

196-223

17

Redirect

Examination by ATTORNEY KRATZ

223-224

18

EXHIBITS

MARKED

MOVED

ADMITTED

19

1-10

120

122

20

11

132

132

21

12

132

132

22

13

132

161

& 162

23

14

132

132

24

15-77

196

196

25

78

192

196

196

3

1

(Reconvened. at

9:07a.m.)

2

THE

COURT:

Court

will

call

the

case

of

 

3

State

of Wisconsin

vs.

Brendan

R.

Dassey,

06

CF

88.

4

Appearances,

please.

5

ATTORNEY

KRATZ:

The

State

appears

by

6

Calumet

County

District Attorney Ken Kratz,

also

7

appearing

is

Tom

Fallon

from

the

Department

of

8

Justice,

Norm

Gahn

from

the

Milwaukee

County

9

D.A. 's

Office,

all

appearing

as

special

 

10

prosecutors.

 

11

ATTORNEY

FREMGEN:

Attorney

Mark

Fremgen

12

and Attorney

Raymond

Edelstein

appear

with

 

13

Brendan

Dassey.

 

14

THE

COURT:

At

this

point

I'd

ask

the

clerk

15

to

swear

the

jury

in,

please.

16

THE

CLERK:

Would

the

jurors

please

rise?

17

Please

raise

your

right

hands.

18

(Jurors

sworn.)

19

THE

COURT:

Counsel,

I'm

going

to

give

some

20 preliminary

instructions

for

the

record.

We

have

21 previously

discussed

these

and,

uh,

both

sides

agree

22 to

the

instructions

to

be

given

today;

is

that

23

correct,

Mr.

Kratz?

24

ATTORNEY

KRATZ:

Yes.

25

THE

COURT:

Mr.

Fremgen?

4

1

ATTORNEY

FREMGEN:

Yes,

Judge.

2

THE

COURT:

All

right.

Before

the

trial

3

begins,

there

are

certain

instructions

you

should

4

better have to

understand

your

functions

as

a

juror

5

and

how

you

should

conduct

yourself

during

the

6

trial.

Your

duty

is

to

decide

the

case

based

only

7

on

the

evidence

presented

and

the

law

given

to

you

8

by

the

Court.

Do

not

let

any

personal

feelings

of

9

bias

or

prejudice

against

any

such

things

as

race,

10

religion,

national

origin,

sex

or

age

affect

your

11 deliberations.

12

Do

not

begin

your

deliberations

and

 

13

discussion

of

the

case

until

all

the

evidence

is

14

presented

and

I

have

instructed

you

on

the

law.

15

Do

not

discuss

this

case

among

yourselves

or

with

16

anyone

else

until

your

final

deliberations

in

the

17

jury

room.

 

18

We

will

stop

or

recess

from

time

to

time

19

during

the

trial.

You

may

be

excused

from

the

20

courtroom

when

it

is

necessary

for me

to

hear

 

21

legal

arguments

from

the

lawyers.

If

you

come

in

22

contact with

the

parties,

lawyers,

or

witnesses,

23

do

not

speak

with

them.

For

their part,

the

 

24 parties,

lawyers,

and

witnesses

will

not

contact

25 or

speak

with

the

jurors.

 

5

1

Should

you

be

exposed

to

any

reports

or

2

communications

from

any

source

concerning

the

3

case

during

the

trial,

you

should

report

that

4

information

to

the

jury bailiff.

The

Court

is

5

aware

that many of you've been exposed to

 

6

publicity

concerning

this

case

before

you

were

7

selected

to

serve

as

a

juror.

Each

of

you

has

8

committed

to

base

your

verdict

only

on

the

9

evidence

introduced during

the

trial.

It

is

of

10 vital

importance

to

the

parties

and

the

sanctity

11

of

the

court process

that

you

remain

true

to

this

12

commitment.

 

13

Anything

you

may

see

or

hear

outside

the

14

courtroom

is

not

evidence.

You

are

to

decide

the

15

case

solely on the

evidence

offered

and

received

16

at

trial.

17

Evidence

is,

first,

the

sworn

testimony

18

of

witnesses,

both

on

direct

and

19 cross-examination,

regardless

of who

called

the

20

witness.

21

Second,

the

exhibits

the

Court

has

22

received.

 

23

And,

third,

any

facts

to

which

the

24

lawyers

have

agreed,

or

stipulated,

or

which

the

25 Court

has

directed

you

to

6

find.

1

Attorneys

for

each

site

--

side

have

the

2

right

and

the

duty

to

object

to

what

they

3

consider

are

improper

questions

asked

of

4

witnesses

and

to

the

admission

of

other

evidence

5

which

they believe

is

not

properly

admissible.

6

You

should

not

draw

any

conclusions

from

7

the

fact

that

an

objection

was

made.

 

By

allowing

8

testimony

or

other

evidence

to

be

received

over

9

the

objection

of

counsel,

the

Court

is

not

10 indicating

any

opinion

about

the

evidence.

You

11

jurors

are

the

judges

of

the

credibility of the

12

witnesses

and

the

weight

of

the

evidence.

13

You

are

not

required

to,

but

you

may

14 take

notes

during

the

trial

except

during

the

15 opening

statements

and

closing

arguments.

The

16 Court

will

provide

you

with materials.

 

In

taking

17 notes,

you must be

careful

that

it

does

not

18

distract

you

from

carefully

listening

to

and

19

observing

the

witnesses.

 

20

You

may

rely

on

your

notes

to

refresh

21

your memory during

deliberations.

Otherwise,

22 keep

them

confidential.

Your

notes

will

be

23 collected by the

jury bailiff

after

each

day's

24 session

and

kept

in

a

secure

place

until

the

next

25

day

of

trial.

After

the

trial,

the

notes

will

be

7

1

collected and destroyed.

2

You

will

not

have

a

copy

of

the

written

3

transcript of the

trial

testimony

 

available

for

4

use

during

your

deliberations.

You

may

ask

to

5

have

specific

portions

of

the

testimony

read

to

6

you.

You

should

pay

careful

attention

to

all

the

7

testimony,

because

you must

rely

primarily on

8

your memory of

the

evidence

and

testimony

 

9

introduced during

the

trial.

 

10

To

assist

you

in

evaluating

the

 

11

evidence,

I

will

now

read

 

to

you

portions

of

the

12

specific

jury instructions

for

the

offenses

with

13

which

the

defendant

is

charged.

I

will

read

them

14

to

you

in

their entirety at

the

close

of

the

15

evidence.

 

16

Count

1.

Count

1

of

the

Information

17

charges

the

defendant

with

first

degree

 

18

intentional

homicide,

as

party

to

 

a

crime

 

to

19

the

crime.

Section

939.05

of

the

Wisconsin

20 Criminal

Code

21 the

commission

provide

that whoever's

of

a

crime

is

a

party

concerned

to

that

in

22 crime

and may be

convicted of

23 that person did not directly

that

commit

crime

it.

although

24

The

State

contends

that

the

defendant

25 was

concerned

in

the

commission

of

the

crime

of

8

1

first

degree

intentional

homicide

 

by

either

2

directly

committing

it

or

by

intentionally

aiding

3

and

abetting

the

person

who

directly

committed

4

it.

5

If a person intentionally aids

and

abets

6

the

commission

of

a

crime,

then

that

person

is

7

guilty

of

the

crime

as

well

as

the

person

who

8

directly

committed

 

it.

A

person

intentionally

9

aids

and

abets

the

commission

of

a

crime

when

10

acting

with

knowledge

or

belief

that

another

 

11

person

is

committing

or

intends

to

commit

a

12

crime,

he

knowingly

either

assists

the

person

who

13

commits

the

crime,

or

is

ready

and

willing

to

14

assist,

and

the

person

who

commits

the

crime

 

15

knows

of

the

willingness

to

assist.

 

16

To

intentionally

aid

and

abet

the

crime

17 of

first

degree

intentional

homicide,

the

18 defendant must

know

that

another

person

is

19

committing

or

intends

to

commit

the

crime

of

20

first

degree

intentional

homicide

and

have

the

21

person

--

and

have

the

purpose

to

assist

the

22

commission

of

that

crime.

 

23

Before

you

may

find

the

defendant

guilty

24

of

first

degree

intentional

homicide

as

a

party

25

to

the

crime,

the

State must prove

by

evidence

9

1

which

satisfies

you

beyond

a

reasonable

doubt

 

2

that

the

defendant

directly

committed

the

crime

3

of

first

degree

intentional

homicide

or

4

intentionally

aided

and

abetted

the

commission

of

5

that

crime.

 

6

All

12

jurors

do

not

have

to

agree

on

7

whether

the

defendant

directly

committed

the

 

8

crime

of

first

degree

intentional

homicide

or

9

aided

and

abetted

the

commission

of

the

crime.

 

10 However,

each

juror must be

convinced beyond

a

11

reasonable

doubt

that

the

defendant

was

concerned

12

in

the

commission

of

the

crime

in

one

of

those

 

13

ways.

 

14

First

degree

intentional

homicide,

as

15

defined

in

940.01

of

the

Criminal

Code

of

16

Wisconsin,

is

committed by one

who

causes

the

 

17

death

of

another

human

being

with

the

--

the

18

intent

to

kill

that person or another.

19

Before

you

may

find

the

person

--

the

 

20

defendant

guilty

of

first

degree

intentional

 

21

homicide,

the

State must prove by evidence which

22

satisfies

you

beyond

a

reasonable

doubt

that

the

23

following

two

elements

were

present:

 

24

Number

one,

Brendan

Dassey

caused

the

--

25

the

death

of

Teresa

Halbach,

or

aided

and

abetted

10

1

another

in

causing

the

direct

--

the

death

of

2

Teresa

Halbach.

 

3

"Cause"

means

that

the

defendant's

acts

4

were

a

substantial

factor

in

producing

the

death.

5

Number

two,

Brendan

Dassey

acted

with

6

the

intent

to

kill

Teresa

Halbach,

whether

he

did

7

so

directly

or

aided

and

abetted

another.

8

"Intent to

kill"

means

that

the

 

9

defendant

had

the

mental

purpose

to

take

the

life

10

of

another

human

being,

or

was

aware

that

his

11 conduct

was

practic

-- practically certain to

 

12

cause

the

death

of

another

human

being.

 

13

While

the

law

requires

that

the

14

defendant

acted with

intent

to

kill,

it does not

15

require

that

intent exists

for

any

particular

 

16

length

of

time

before

the

act

is

committed.

The

17

act

need

not

be

brooded

over,

considered,

or

18

reflected

upon

for

a

week,

a

day,

an

hour,

or

19

even

a

minute.

There

need

not

be

any

appreciable

20

time

between

the

formation

of

the

intent

and

the

21

act.

22

The

intent

 

to

kill may be

formed

at

23

anytime

before

the

act,

including

the

instant

 

24 before

the

act,

and must

continue

to

exist at

the

25 time

of

the

act.

 

11

1

You

cannot

look

into

a

person's

mind

to

2

find

intent.

Intent

to

kill must be found,

if

3

found

at

all,

from

the

defendant's

acts,

words

4

and

statements,

if any,

and

from

all

the

facts

5

and

circumstances

in

this

case

bearing

upon

6

intent.

Intent

should

not

be

confused

with

7

motive.

While

proof

of

intent

is

necessary

to

a

8

conviction,

proof

of motive

is

not.

9

Motive

refers

to

a

person's

reason

for

10

doing

something.

While

motive

may

be

shown

as

a

11

circumstance

to

aid

in

establishing

the

guilt

of

12 a

defendant,

the

State

is

not

required

to

prove

13 motive

on

the

part of

the

defendant

in

order

to

14

convict.

15

Evidence

of motive

does

not,

by

itself,

16

establish

guilt.

You

should

give

it

the

weight

17

you

believe

it

deserves

under

all

of

the

18 circumstances.

19

You're

satisfied beyond a

reasonable

20

doubt

at

the

conclusion

of

the

trial that the

21 defendant

directly

committed both

22 first

degree

intentional

homicide,

elements

or

that

of

the

23 defendant

intentionally aided

and

abetted

the

24 commission

of

that

crime,

you

should

find

the

25 defendant

guilty.

If you are

not

so

satisfied,

12

1

you must

find

the

defendant

not

guilty.

 

2

Count

2

charges

the

defendant

with

 

3

mutilating

a

corpse,

also

as

a

party

to

a

4

crime

--

to

the

crime.

Section

939.05

of

the

5

Criminal

Code

of Wisconsin,

provide

that

whoever

6

is

concerned

in

the

commission

of

a

crime

is

a

7

party

to

that

crime

and may

be

convicted

of

that

8

crime

although

that person

did

not

directly

9

commit

it.

 

10

The

State

contends

that

the

defendant

11 was

concerned

in

the

commission

of

the

crime

of

12

mutilating

a

corpse

by

either

directly

committing

13

it or by intentionally aiding and abetting the

14 person

who

directly

committed

it.

15

If a person intentionally aids

and

abets

16

the

commission

of

a

crime,

then

that

person

is

17

guilty

of

the

crime

as

well

as

the

person

who

 

18

directly

committed

it.

Person

intentionally

aids

19

and

abet

the

com

--

abets

the

commission

of

a

20

crime

when

acting

with

knowledge

or

belief

that

21

another

person

is

committing

or

intends

to

commit

22

a

crime,

he

either

knowingly

assists

the

person

23

who

commits

the

crime,

or

is

ready

and

willing

to

24

assist,

and

the

person

who

commits

the

crime

 

25 knows

of

the

willingness

13

to

assist.

1

To

intentionally

aid

and

abet

the

crime

2

of mutilating

a

corpse,

the

defendant must

know

3

that

another person

is

committing

or

intends

to

4

commit

the

crime

of mutilating

a

corpse

and

 

have

5

the

purpose

to

assist

the

commission

of

that

6

crime.

 

7

Before

you may

find

the

defendant

guilty

8

of mutilating

a

corpse

as

a

party

to

the

crime,

9

the

State must prove by evidence which

satisfies

10

you

beyond

a

reasonable

doubt

that

the

defendant

11

directly

committed the

crime

of mutilating

a

12

corpse

or

intentionally aided and abetted the

 

13

commission

of

that

crime.

 

14

All

12

jurors

do

not

have

to

agree

 

15

whether

the

defendant

directly

committed

the

 

16

crime

of

first

degree,

uh

--

or uh,

mutilating

a

17

corpse

or

aided

and

abetted

the

commission

of

the

18

crime.

However,

each

juror must be

convinced

19

beyond

a

reasonable

doubt

that

the

defendant

was

20

concerned

in

the

commission

of

the

crime

in

one

21

of

those

ways.

 

22

Mutilating

a

corpse,

as

defined

in

 

23

Section

940.11

(1)

of

the

Criminal

Code

of

24

Wisconsin,

is

violated by one who mutilates

a

25