The State Pitted the Dassey Family Against Steven Avery (Updated 11/01/2017)

CASO deputy John Dedering, far right, directly behind Steven Avery

UPDATE NOVEMBER 1, 2017: Kathleen Zellner filed a supplement to her "motion for reconsideration" (with exhibits).

Key points in the supplement:

(1) Barb and Mr. Tadych recently made admissions that Ms. Halbach left the Avery property before her disappearance. 

Taped phone call from Steven to Barb and Scott. Barb falsely claims that she didn't have internet access then, when her computer clearly shows browser activity. Barb admits that Bobby told her that "she [Ms. Halbach] left."

(2) Barb's Statements on Facebook on October 30, 2017, directly contradict Bobby's trial testimony. 

Bobby only saw Teresa pull in. 

(3) The State's theory that Mr. Avery initiated the appointment with Ms. Halbach on October 31, 2005, is refuted by Bryan's affidavit and the corroborating statements of his brothers, Blaine and Brendan. 

New corroborated affidavit states, it was Barb who made the arrangements for the appointment.

(4) Mr. Avery has discovered new evidence that Barb attempted to remove evidence from her computer before it was seized by police on April 21, 2006.

Brad's new affidavit shows Barb stated she hired someone to "reformat" her home computer.

(5) Further evidence impeaching Bobby's trial testimony.

Bobby testified he got home from work and slept until 2:30 p.m., but computer forensics show activity throughout the day, when only he was home.

(6) In addition to the other evidence cited in Mr. Avery's prior motions, the evidence presented in this supplement requires an evidentiary hearing. 

The evidence was discovered after conviction, the defendant was not negligent in its discovery, and the evidence is material.

Bobby told investigators that on October 31, 2005 he went to bed when he arrived home around 6 a.m. after working third shift. He said that he woke up about 2 or 2:15 p.m.

However, a forensic examination of the family's computer revealed that someone accessed the internet at 6:01 a.m., 6:28 a.m., 6:31 a.m., 7:00 a.m., 9:33 a.m., 10:09 a.m., 1:08 p.m., and 1:51 p.m. on October 31, 2005 (page 41).

Bobby was the only person home in the Dassey household from 6 a.m. until 3:45 p.m. on October 31, 2005.

Teresa called the Dasseys and left a message on their home answering machine at 11:43 a.m. on October 31, 2005. She explained that she would be arriving for the photo shoot around 2 p.m.

Steven told investigators on November 6th that he had spoken to Bobby around noon on October 31, 2005.

O’NEILL: Who else was home at Barb's house when she came, do you know?
AVERY: Bobby was.
O’NEILL: Bobby?
AVERY: Yeah.
O’NEILL: Ok. Anybody else that was home, that you know of? Bryan? was that your other —
AVERY: No, Bryan was working.
O’NEILL: So Bobby was home.
AVERY: Yeah.
O’NEILL: Where's Barb at?
AVERY: Barb was working too.
O’NEILL: So, Bobby was at the house.
AVERY: Yeah.
O’NEILL: How do you, how do you know he was there?
AVERY: After, after I went over there, then—
O’NEILL: So, later after you got done with her—
AVERY: Yeah.
O’NEILL: Then you went over to Barb's, you said?
AVERY: Yeah.
O’NEILL: Who was at Barb's when you were over?
AVERY: Well, he was.
O’NEILL: And nobody else?
AVERY: No, nobody else was—
O’NEILL: And why did, why did you stop at Barb's?
AVERY: I don't know. I mostly just walk right over there.
O’NEILL: Pardon?
AVERY: I just mostly walk right over there.
O’NEILL: So after she leaves, you put the Auto Trader magazine in your house.
AVERY: Yeah, and I went over there.
O’NEILL: And you walked right over, right away?
AVERY: Yeah. Well, he was gone. He'd just left.
O’NEILL: Bobby did?
AVERY: Yeah.
O’NEILL: Ok. So you walk over to Barb's though, right?
AVERY: Yeah.
O’NEILL: Who's there?
AVERY: After she left, when I walked over there, he—he left.
SKORLINSKI: Did you see him leave?
AVERY: No.
SKORLINSKI: So he was already gone.
AVERY: Yeah. He just left.
O’NEILL: So nobody was at Barb's then?
AVERY: No. But the first time, when I come home or before that, I went over there and I talked to Bobby. 
O’NEILL: 11 o’clock?
AVERY: Yeah, somewhere in there.
O’NEILL: Ok.
AVERY: Uh, or it was after—it was 12 o’clock, because I was outside for a while.
O’NEILL: Ok.
AVERY: Because I went in the house.
SKORLINSKI: Barb's already gone?
AVERY: Yeah.
SKORLINSKI: Ok.
AVERY: I know I talked to him somewhere in there, I, I can't remember.
O’NEILL: But before she came, you talked to Bobby?
AVERY: Yeah.
O’NEILL: And then after she left, you went over by Barb's. Bobby left.
AVERY: Yeah.
O’NEILL: What'd Bobby leave—what, what did he drive somewhere or take—
AVERY: Yeah.
O’NEILL: What'd he drive?
AVERY: Yeah, he took his Blazer.
O’NEILL: Do you know where he went?
AVERY: No.
O’NEILL: Ok. So when you're there at 11 o’clock, sometime after 11 o’clock, you actually talk to Bobby?
AVERY: Yeah.
O’NEILL: And then, you go back to your place?
AVERY: Yeah.
O’NEILL: And then, when the lady comes at two o’clock you talk to her. Then you get done with her and you go back over to Barb's but Bobby's gone because the Blazer's gone?
AVERY: Yeah.

Also from Steven Avery's November 14, 2017 sworn affidavit (Exhibit D, page 89):

I distinctly remember that every time Teresa Halbach came to our property to photograph vehicles, Bobby would always say, "I see that your girlfriend was over yesterday," the following day.

UPDATE OCTOBER 24, 2017: Kathleen Zellner filed a "Motion for Reconsideration" with 20 new exhibits on October 23, 2017, and in it she revealed that Bryan Dassey told DCI agents on November 6, 2005 that Bobby Dassey saw Teresa leave the Avery property on October 31, 2005 (image below).

The following image is from Byran's affidavit attached as Exhibit G to Zellner's October 23, 2017 motion.

Bobby Dassey's testimony was essential to the State's claim that Teresa Halbach, a photographer for Auto Trader magazine, was last seen alive at the Avery Salvage Yard. Bobby Dassey testified that he last saw Teresa heading in the direction of Avery's trailer, and did not see her or her car leave the property before he left to go hunting that afternoon.

However, according to Zellner's motion, Bobby and Brendan's older brother Bryan Dassey told Department of Justice officials in November 2005 that Bobby had told him that he did see Teresa leave the property that day. Bryan Dassey recently doubled down on his recollection, signing an affidavit stating, "I distinctly remember Bobby telling me, 'Steven could not have killed her because I saw her leave the property on October 31, 2005.'"

Bobby could have left the property in his truck and Teresa could have pulled out behind him. If so, this means Bobby would have seen her in his rear view mirror as both of them were driving down Avery Road. He said he turned right onto highway 147 from Avery Road and Steven said he saw Teresa signaling to turn left (and that Bobby's truck was gone when he saw Teresa at the intersection of highway 147 and Avery Road).

Zellner alleges that new forensic testing performed on the Dassey family computer recovered "images of Teresa Halbach, many images of violent pornography involving young females being raped and tortured, and images of injuries to females, including a decapitated head, bloodied torso, a bloody head injury and a mutilated body."

The big issue with Zellner's contention about the internet searches for violent pornographic images is that the searches all were done on Sunday, September 18, 2005: on this day, most, if not all, of the Dassey brothers could have been home (exhibit 3, page 145, has a bar graph depicting times of day of the searches, and they're between 7-9 a.m. and then between 3-8 p.m.) and, potentially, Barb's husband, Tom Janda, and Scott Tadych, as well.

None of the death-related internet searches were part of the table shown in the exhibit as performed on September 18th. These searches probably were around April 2006, at the same time the images of matching pictures were recovered. The computer was seized on April 21, 2006; the images found were from around April 19th.






In his original statement, which he dictated to Dedering on 11/5/05, Bobby didn't mention seeing Teresa leave the property.

Also, showering after, not before, he saw Teresa was not what Bobby said in his original statement. In his original statement, he said he got up about 2:15 or 2:30 PM, showered, looked out the window, saw Teresa arrive in her RAV4, watched her get out and take a picture of his mom's van, stopped watching to get his jacket and bow, went out to his truck and left to go hunting -- "about 3 or 4 minutes went by between the time he got his jacket and the time he got into his truck" (which means he showered BEFORE, not after, he saw Teresa arrive).

It was in his activity report for 2/27/06 that Dedering added the part about Bobby showering ("for approximately 10 minutes") AFTER he saw Teresa arrive. Dedering falsified Bobby's statement (writing that Bobby saw Teresa arrive "prior to getting into the shower") because the State needed to push the timeline forward 10 to 15 minutes -- they couldn't have Teresa at both Zipperer's and Avery's at 2:30 PM.

Bobby testified falsely to establish the State's timeline (page 36-41).

Bobby was willing to lie because the State most likely threatened to charge him as an accomplice in Teresa's murder (they could have framed him just as easily as they framed Avery). Plus, the State probably led Bobby to believe that Brendan would be exonerated if the family cooperated in testifying against Steven.

Bobby flubbed his lines during his testimony: Bobby testified that he saw Teresa arrive, took a shower for 10 minutes, and then left in his truck at 2:40 or 2:45 PM. However, if Bobby left at 2:40 or 2:45 PM, and this was 10 minutes after he saw Teresa arrive, this would mean that Teresa arrived at 2:30 PM. But 2:30 PM is the time that the State claims Teresa was leaving Zipperer's and heading to Avery's (a 15-minute drive). 

Teresa can't be at two places, Avery's and Zipperer's, at the same time, 2:30 PM.

Bobby was supposed to testify that he saw Teresa arrive at the Avery property at 2:40 or 2:45 PM, but, instead, he testified that he left the Avery property at 2:40 or 2:45 PM.

Bobby flubbed the lines that Kratz had scripted and rehearsed with him: Bobby's testimony had Teresa arriving at 2:30 PM rather than 2:45 PM, and the defense team didn't catch this critical mistake.




The State's script for Bobby was: Bobby saw Teresa arrive at 2:45 PM. Then he took a 10-minute shower. Then he got dressed and got his jacket and bow. Then he went out to his truck. He saw Teresa's RAV4, but not Teresa, when he went outside and left the Avery property in his truck at 3 PM to go hunting.

Showering after, not before, he saw Teresa was not what Bobby said in his original statement, which he dictated to Dedering on 11/5/05. In his original statement, he said he got up about 2:15 or 2:30 PM, showered, looked out the window, saw Teresa arrive in her RAV4, watched her get out and take a picture of his mom's van, stopped watching to get his jacket and bow, went out to his truck and left to go hunting -- "about 3 or 4 minutes went by between the time he got his jacket and the time he got into his truck" (which means he showered BEFORE, not after, he saw Teresa arrive).

It was in his activity report for 2/27/06 that Dedering added the part about Bobby showering ("for approximately 10 minutes") AFTER he saw Teresa arrive.

Dedering falsified Bobby's statement (writing that Bobby saw Teresa arrive "prior to getting into the shower") because the State needed to push the timeline forward 10 to 15 minutes -- they couldn't have Teresa at both Zipperer's and Avery's at 2:30 PM.

Marinette County deputy Anthony O'Neill interviewed Steven Avery beginning around 2 PM on 11/5/05. Later that day, around 6 PM, Calumet County deputy John Dedering interviewed Bobby Dassey. During this initial interview with Bobby, Dedering told Bobby that Steven said Bobby was the last person to see Teresa. However, Steven didn't say that on 11/5/05.

The following is what Steven said to O'Neill on 11/5/05 about Bobby regarding Teresa:

O’NEILL: She's here for at most 15 minutes.
AVERY: No, five minutes.
O’NEILL: Five minutes. And then she's gone. She pulls out of your driveway, right?
AVERY: Yeah.
O’NEILL: Which way does she go?
AVERY: And then she goes to Larrabee. Or, she goes back down this way, and this way, then this way. This all—this is all field, that's all cut down, so you can see the highway.
O’NEILL: So you can see. Ok. So she leaves here and goes this way, right?
AVERY: Yeah.
O’NEILL: Teresa?
AVERY: Yeah.
O’NEILL: Ok. And she wasn't with anybody at all?
AVERY: No. There was nobody in the truck.
O’NEILL: Ok. Did you—you didn't see her come in, which way she came in?
AVERY: No, no.
O’NEILL: All right.
AVERY: Well, she mostly goes that way, toward Larrabee.
[...]
O’NEILL Ok. And the contact you had with her only lasted for how many minutes?
AVERY: Within five minutes.
O’NEILL: And then from—after you’re done with her and she gives you the book, where do you go to?
AVERY: I go back in the house.
O’NEILL: Ok. So, at the time before you leave to get out of the house, that's where you've been for how long?
AVERY: Since 11 o'clock.
O’NEILL: Ok. So from 11 'til two. And then about 2:15, 2:30, whatever the case may be, right? And you're done with her, she leaves you go back into your house.
AVERY: Yeah.
O’NEILL: And how long are you there for?
AVERY: Probably, I don't know—drop off the book, then I walked over by Barbara.
O’NEILL: By where?
AVERY: By Barbara, my sister.
O’NEILL: Ok.
AVERY: Wanted to see if Bobby was home but Bobby was already gone. He'd just left.

On 11/5/05, Dedering was instructed to tell Bobby that Steven said Bobby was the last person to see Teresa. The State twisted Steven's words to turn the Dassey family against Steven and to manipulate Bobby into altering his recollection of events. Bobby eventually would say whatever they wanted him to say to get of out the line of fire.

In his activity report for 11/5/05, Dedering wrote:

I advised him that we had learned that Steven indicated Bobby had seen this young lady after Steven had. He indicated that there was "No way, I was hunting." I asked Bobby if he would be interested in pursuing some sort of truth verification to show me that he was, in fact, being truthful and his response was "Yes." I asked him what he thought the results of this examination would show, and he indicated, "I'm telling the truth." I asked Mr. Dassey why Steven Avery would say that Bobby was the last one to see the photographer. Bobby responded, "Did he say that?" I then asked Bobby if it was true and his response was, 'No." I asked Bobby why Steven would say something like this and Bobby's response was "He'd stab ya in the back." Bobby indicated that Steven has done this to him before over "little stuff."

Bobby must have confronted Steven after Dedering told Bobby on 11/5/05 that Steven said Bobby was the last person to see Teresa. When O'Neill interviewed Steven again the next day, 11/6/05, Steven somewhat adopted the State's twisted version of his first statement to O'Neill, that Bobby was the last person to see Teresa.

The following is what Steven said to O'Neill on 11/6/05 about Bobby regarding Teresa:

O’NEILL: Then she just leaves?
AVERY: Yeah. She shuts the door and leaves.
O’NEILL: Is, is Bobby home then, or no?
AVERY: Yeah, Bobby's home.
O’NEILL: Ok. And, does he come out and, or anything? Or does he see you leave, or see her leave?
AVERY: I don't know. You'd have to ask him.
O’NEILL: But you know he's home?
AVERY: Yeah.
O’NEILL: Ok. Well, so —
AVERY: He's home at that point.
O’NEILL: When she leaves, he's home?
AVERY: Yeah.
O’NEILL: And how far away from Bobby's vehicle are you, you think?
AVERY: Well, her — his vehicle was sitting by her [Barb's] garage. So that's only —
O’NEILL: Like from here to where? Where we're looking right here.
AVERY: Uh, from here?
O’NEILL: Yeah.
AVERY: Probably to the other side of the, the shop there.
O’NEILL: The other side of the blue shop?
AVERY: Yeah.
O’NEILL: So probably about, that's about what, maybe, uh 80 feet? And, and you know he's home though, right?
AVERY: Yeah.
O’NEILL: When she's leaving.
AVERY: Yeah.
O’NEILL: Ok.
AVERY: And just when I walked in the house, I come back and then he was gone.
O’NEILL: So just in that moment?
AVERY: Yeah.
O’NEILL: Of you, you saying goodbye to Teresa—
AVERY: Yeah, and went in the house.
O’NEILL: Go into your house with the paper, and coming back, you notice that he's gone.
AVERY: Yeah.
O’NEILL: But while she's giving you that thing, he's still there?
AVERY: Yeah.
O’NEILL: So he — Ok.
AVERY: Within, I don't know, that second. With her vehicle running, and his is quiet.
O’NEILL: Uh - huh.
AVERY: He probably, at the same time, almost.
O’NEILL: Ok. So, but, the time that it took you to walk from her vehicle to your place, drop off that thing—
AVERY: Yeah.
O’NEILL: And then to walk right back outside again?
AVERY: Yeah.
O’NEILL: He's gone.
AVERY: He's gone.
O’NEILL: Ok. Do you know where she's at?
AVERY: Who?
O’NEILL: Teresa.
AVERY: Oh, no.

Steven did clarify during this 11/6/05 interview that Bobby and Teresa left almost at the same time. When O'Neill followed up with, "Do you know where she's at," Steven could have been misinterpreting this question to mean, "Do you know where Teresa is right now," at the moment O'Neill was questioning him, rather than where Teresa was when he walked back outside again and saw that Bobby's truck was gone on October 31st.

Steven told O'Neill the day before, on 11/5/05, that he saw Teresa when he came back outside, and that she was signaling to go left from Avery Road onto highway 147, and that Bobby's truck was already gone at this point. Teresa was inside her vehicle when Bobby came outside to his truck, which was just a minute or so after Steven went inside his trailer, which is why Bobby saw Teresa's vehicle but not her when he got into his truck and drove off. Teresa left right after Bobby left. When Steven came back outside, he saw Teresa, in her vehicle, about to turn left from Avery Road onto HWY 147 but he didn't see Bobby's Blazer because Bobby had left the property moments before Teresa left.

On 11/9/05 deputies served a warrant on Bobby for a physical examination as well as the retrieval of Buccal swabs, palm prints and finger prints. This would have increased Bobby's paranoia and fear of being railroaded for the murder of Teresa Halbach like his Uncle Steven was railroaded for the sexual assault of P.B. in 1985. Dedering conducted a second interview of Bobby at this time, and Bobby offered details that he had not mentioned before or, more likely, Dedering falsified his report and misrepresented what Bobby said (this is why you should never talk to the police -- invoke your Fifith Amendment privilege against self-incrimination and consult an attorney!).

In his activity report for 11/9/05, Dedering wrote:

A synopsis of the taped interview is that once again Dassey stated he left home at approximately 1500 hours on 10/31/05 and he had observed a teal SUV, that he had never touched or gotten close to. He stated when he left the property there was no one in his immediate sight. He stated he did not talk with Steven Avery between 11:00 a.m. and noon on 10/31/05 indicating he was asleep and is a very sound sleeper. He stated he does not even hear the telephone when it rings.

Dassey indicated he has seen the Suzuki that we discussed with him parked at Steven's garage for about two weeks. He indicates the clutch is out and you have to push it to move it. He stated the Suzuki was parked in the garage the week before the girl went missing.

Dassey indicated that sometimes family members will burn the heads of deer but this is usually in the burn barrel. Dassey stated the only deer at the residence was the deer that is hanging in the garage currently.

Bobby Dassey states this is his first year bow hunting and he hunts approximately two and one-half miles away from his house.

Dassey stated Steven was mad at Barbara about something and he was not sure what but they patched it up last Wednesday. Dassey indicated he does not talk to Charles or Earl and has not spoken with Chris (ph) Avery in the past nine months.

Dassey indicated that on Tuesday or Wednesday he observed a burning in the area in a pit behind Steven's garage. He believed there was brush burning. Dassey stated he was home that night. Bobby Dassey states Steven sometimes burns tires in the pit and Steven usually burns tires at night so you cannot see the smoke. Dassey indicated Steven does not burn his tires anywhere else and he indicated he believed Steven was burning with Dassey's little brother, Brendan.

Bobby Dassey testifying at Steven Avery's trial
 
They tricked Bobby, telling him that Steven said Bobby saw Teresa last. They used fear and intimidation to manipulate Bobby. They served a warrant for his DNA, finger prints, palm prints and physical examination. By the time he was interviewed a third time, almost four months later (on the same day as Brendan's coerced false confession), Bobby had changed significant parts of his original statement to help the State frame Steven Avery. He lied because he knew law enforcement could frame him in the same way they framed Steven Avery for sexual assault in 1985.

On 2/27/06, almost four months after his first and second interviews with Bobby Dassey, and after Brendan Dassey's coerced false confession, Dedering interviewed Bobby again.

It is in Dedering's report of his third interview of Bobby that a fire on the property on October 31st is first mentioned [see There Wasn't a Fire in Avery's Pit on October 31, 2005].

Either Bobby changed his story or Dedering falsified his reports and misrepresented what Bobby said.

Also in Dedering's activity report for 02/27/06, he wrote that Bobby said he took a shower after he watched Teresa, not before, when he first woke up, and that at least 10 minutes passed by the time he stopped watching Teresa and the time he went out to his truck, rather than 3-4 minutes as Bobby dictated to Dedering in his original statement.

In his activity report for 2/27/06, Dedering wrote:

Special Agent Michael Sasse and I did locate Bobby Dassey at the residence of Duane Osmunson, 5017 Nuclear Rd. in the Mishicot area at 1955 hrs. Sasse and I asked Bobby Dassey if he had some time to speak with us and he indicated that he did. We then went out to the county vehicle, which I was operating, and Bobby Dassey did have a seat in the front passenger side and Special Agent Sasse climbed into the rear passenger side. Prior to asking Dassey any questions, he was advised that he was not under arrest, did not have to answer questions if he chose not to and was free to leave at anytime he so wished. I asked him to open the passenger front door of the vehicle in order to demonstrate to him that he was perfectly free to leave. He understood this and agreed to answer questions.

We went over his activities to the best of his recollection on Monday, 10/31/05. He stated that he arrived home from work at approximately 0630 hrs (it should be noted that Dassey was employed at Fisher Hamilton in Two Rivers at this time) and went to bed.

He stated that he got up between 1400 and 1430 hrs., got into the shower, and went bow hunting.

He stated he arrived home somewhere approximately 1730 hrs. and that it was dark out already. He stated he did not recall who was home when he arrived, but thought perhaps Brendan was. He stated that when he arrived home, he went straight to bed and did not eat ...

Bobby indicated that when he was leaving for work at approximately 2130 hrs., he noticed that Steven was having a bonfire. He estimated that the flames were five to six feet in height. He stated that it was a good-sized fire and that Steven has had fires there in the past. He stated that he could not say for sure that Steven was tending to the fire and he was further unsure whether Brendan was there or not. He stated that the view from his residence to the fire pit is somewhat blocked by the garage of Steven Avery. He stated that he worked from 2200 hrs. until 0600 hrs. the following day and when he arrived home, he noticed nothing unusual and that the fire was out ...

I asked Bobby if he could recall once again what he saw regarding Teresa Halbach and her vehicle. He stated that while he was preparing to go bow hunting on 10/31/05, he observed Teresa's vehicle pull in and he observed Teresa get out and take one or two photos of the maroon van, which his mother had for sale. Bobby said that this was prior to him getting into the shower. He stated that when he got out of the shower (approximately ten minutes later) he brought his bow out to the vehicle and Teresa's vehicle was still there but he did not see her.

He stated that she was wearing a black coat, black trousers and he cannot recall what color her top was. Dassey drew me a diagram indicating that the Halbach vehicle was pointed in a westerly direction almost directly across from the westernmost portion of the Barbara Janda circular driveway. Bobby stated that the vehicle was gone when he got back from hunting.

I asked Bobby about the position of the Suzuki Samurai. Bobby thought that, to his best recollection, the Suzuki was in the garage for a while, and he was unsure when Steven moved it out of the garage. He stated that he was never in the garage when the Suzuki was parked in the garage and he stated that he could no longer independently recall where the Suzuki was positioned when he left for hunting.

Bobby Dassey's written statement, dictated to John Dedering at 7 p.m. on 11/05/05:

On Monday, 10/31/05 at about 2:15 - 2:30 p.m., I got up to go deer hunting. I took a shower. I got dressed for bow hunting & noticed someone coming down the driveway. She stopped in front of my mom's maroon van that Steve is trying to sell for my mom. I watched her take pictures of the van. She got done with that & started to walk toward Steven's house. I grabbed my bow, got into my Blazer, and left. I didn't see the lady who took the pictures when I left. The S.U.V, a teal colored, possibly a Honda, was there when I left to go hunting. She had shoulder length brown hair, it looked darker to me. She was wearing a dark waist length jacket. She was skinny. About 3 or 4 minutes went by between the time I got my jacket and the time I got into my truck. I dictated this statement to Investigator Dedering. I have read this statement and initialed all corrections. This statement is true and accurate. No promises or threats have been made to get this statement.

To summarize, in his written statement dictated to Dedering on 11/05/05, Bobby said:

1. He woke up between 2:00 and 2:30, showered, and got dressed.
2. He looked out the window and saw Teresa coming down the driveway (Blaine said the dogs would bark when vehicles came down the driveway, which could have prompted Bobby to look out the window).
3. He watched Teresa take pictures of his mom's minivan and then he saw her walk toward Steven's house, at which time he stopped watching her.
4. He stopped watching Teresa, grabbed his bow, got his jacket, got in his truck, and left (he first may have come outside with his bow, putting it in his truck, before going back inside to get his jacket and then coming back outside and driving off in his truck to go hunting).
5. About 3 or 4 minutes went by between the time he stopped watching Teresa and the time he got his jacket and got into his truck.

Police Reports on Contact with Bobby Dassey (Misrepresentation by Law Enforcement in Falsified Reports or Compromised Statements):

1. When first questioned on 11/5/05, Bobby did not know what time he left home. Dedering wrote that Bobby said "Scott would be able to verify precisely" what time. By Bobby's second statement on 11/9/05, Dedering wrote that Bobby left home at approximately 1500 hours on 10/31/05 (Bobby would testify at Steven Avery's trial that he left home at 2:40 or 2:45 PM).

2. Dedering wrote of his second interview with Bobby on 11/9/05, that "on Tuesday or Wednesday, Bobby observed a burning in the area in a pit behind Steven's garage; he indicated he believed Steven was burning with Dassey's little brother, Brendan." During his first interview on 11/5/05, Bobby must not have volunteered information about a fire, or must not have been asked about a fire, because Dedering wrote nothing about a fire in Steven's pit (or barrel) in his activity report for 11/9/05.

3. Dedering wrote of his third interview with Bobby on 2/27/06 that Bobby showered after he stopped watching Teresa, clarifying in parenthesis that it took Bobby 10 minutes to shower. In his dictated statement to Dedering on 11/5/05, Bobby he said he got up, showered and got dressed, and that after he watched Teresa snap pictures of the van and walk toward Steven's trailer, it took 3-4 minutes for him to get his jacket and bow, go out to his truck, and leave.

4. In Bobby's dictated statement to Dedering on 11/5/05, he said he got up at about 2 to 2:15 PM; however, Dedering wrote in his 11/5/05 and 2/27/06 activity reports that Bobby said he got up between 2:00 and 2:30. Dedering consistently pushed Bobby's timeline forward by 15 minutes, probably so the State's timeline could put Teresa Halbach at Zipperer's before Avery's [see Here's Proof Teresa Halbach Went to Avery's Before Zipperer's].


Blaine Dassey testifying at Steven Avery's trial

You cannot believe any eyewitness testimony after initial interviews in this case because they are compromised. The only ones with any constancy are Steven and Blaine. Others appear to have said whatever someone wanted them to say, or made it up as they went along. Blaine too would eventually succumb and change his initial statements.

Respectfully decline to talk to law enforcement by invoking your Fifith Amendment privilege against self-incrimination, and advise your friends and family to do the same. If law enforcement has anything against you, they will arrest you and charge you without first needing to interrogate you.

"On the advice of my lawyer, I respectfully decline to answer on the basis of the Fifth Amendment, which—according to the United States Supreme Court—protects everyone, even innocent people, from the need to answer questions if the truth might be used to help create the misleading impression that they were somehow involved in a crime that they did not commit."

Contact a lawyer before communicating with law enforcement.

"It is very important that any communication you ever have with an investigating police officer takes place either through a lawyer or in the presence of a lawyer. Even things that you say on the phone to a police officer can in some cases be used in court against you. Sometimes a police officer will not even explain that coming into the station ‘for a chat’ can mean being interviewed under arrest by appointment. Never discuss anything to do with an allegation directly with a police officer without first having a lawyer there. In most cases, a lawyer of your choice can be provided on a legally-aided basis for free, and a police officer never will have reason to be surprised if they hear from your lawyer, and not you, at first." [Source]

Keep your mouth shut. Don't answer any questions. You can be charged with a crime for lying to the police (police are allowed to lie to you, but if you lie to them they can charge you with a crime, such as obstruction of justice).

Remember, cops are trained to lie. They have taken this to mean that they are allowed to falsify evidence and reports, hide or destroy evidence, plant or fabricate evidence, threaten and intimidate witnesses to give false statements, and commit perjury themselves by giving false or questionable testimony. And seldom, if ever, do cops (or prosecutors) experience any repercussions or suffer any consequences for committing these crimes.

By the way, you have a First Amendment right to openly record police officers performing their duties in public.

"You Have the Right to Remain Innocent" (James Duane)

Published on September 30, 2016

Law professor James Duane became a viral sensation in 2008 for a lively lecture that explained why people shouldn’t agree to answer questions from the police. In his new book, You Have the Right to Remain Innocent, Duane expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. By using case histories of innocent persons who were wrongfully imprisoned because of information they gave to police, Duane debunks the claim that “if you haven’t done anything wrong, then you don’t have anything to worry about.

http://www.cato.org/events/you-have-right-remain-innocent

Don't Talk to the Police (Regent University School of Law)

Published on March 20, 2012

Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials. Download his article on the topic:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119

Other Excerpts of O'Neill's Interview with Steven Avery on 11/5/06


O’NEILL:
Ok. So, at the time before you leave to get out of the house, that's where you've been for how long?
AVERY:
Since 11 o'clock.
O’NEILL:
Ok. So from 11 'til two. And then about 2:15, 2:30, whatever the case may be, right? And you're done with her, she leaves you go back into your house.
AVERY:
Yeah.
O’NEILL:
And how long are you there for?
AVERY:
Probably, I don't know—drop off the book, then I walked over by Barbara.
O’NEILL:
By where?
AVERY:
By Barbara, my sister.
O’NEILL:
Ok.
AVERY:
Wanted to see if Bobby was home but Bobby was already gone. He'd just left.
O’NEILL:
And where'd you drop off the book?
AVERY:
Umm, my—by my computer.
O’NEILL:
At your house?
AVERY:
Yeah.
O’NEILL:
Ok. So you drop off the book, then you walk from there over to your sister's home?
AVERY:
Yeah.
O’NEILL:
Barbara. And to see if who's there?
AVERY:
Bobby.
O’NEILL:
Ok. Is Bobby there?
AVERY:
No, he's not.

[...]

O’NEILL:
And you called on that Monday.
AVERY:
Yeah.
O’NEILL:
They said—
AVERY:
In the morning.
O’NEILL:
They said they weren't certain if they could get someone out there that day, maybe next Monday?
AVERY:
Yeah.
O’NEILL:
And then did you call them again, or did they call you?
AVERY:
I think I called 'em.
O’NEILL:
Ok. And, and they told you then that they'd have somebody come out.
AVERY:
Yeah. That she was gonna come out.
O’NEILL:
That Monday, as far as doing work in the shop or the garage or any part of the business. Did you do anything other than stay at your house and—that day?
AVERY:
Well, I worked up there in the morning. I helped them out. Uh—
O’NEILL:
From what time, to what time, do you think?
AVERY:
Eight o'clock. 'Til 11 o'clock.
O’NEILL:
Ok. And then from 11 o'clock you went back to your house—
AVERY:
Then I went home.
O’NEILL:
Up until a point of two o'clock—
AVERY:
Yeah. Yeah, two, two-thirty.
O’NEILL:
When the, her vehicle pulled up, right?
AVERY:
Yeah.
O’NEILL:
15 minutes at the most you were with her? Or was it five?
AVERY:
Five minutes.
O’NEILL:
Five minutes. You're over by the van with her. She's copying down information. She takes her picture. You give her the 40 dollars. She doesn't give you a receipt?
AVERY:
Last two times I didn't get nothing.
O’NEILL:
Ok. And that was because you didn't want one?
AVERY:
Didn't need it.
O’NEILL:
Ok. But usually, you would.
AVERY:
Yeah—yeah them times before that I always did.
O’NEILL:
Did you ask her for one of those booklets?
AVERY:
No, she just gives them out.
O’NEILL:
So that's like every time that she comes by she'll give you a brand new book.
AVERY:
Yeah, yeah. Because it's a, a newer one. One that I ain't gotta buy.
O’NEILL:
Ok. And we, we talked about the idea that vehicle being at your place. You don't believe in coincidence, do you? What's, what do you think?
AVERY:
I can't believe it was there. It's, it's hard. I know shit does happen. But, I don't know. It's the honest to God truth. I don't know. That puzzles me myself.
O’NEILL:
Mm-hmm. Anybody else in your family that may have had anything to do with this that you're aware of?
AVERY:
No.
O’NEILL:
You have no ideas, no suspicions, no nothing like that?
AVERY:
No. Uh uh. No, we all get along good and everything is fine.

Other Excerpt of O'Neill's Interview with Steven Avery on 11/6/05

O’NEILL:
So Bobby was home. 
AVERY:
Yeah.
O’NEILL:
Where's Barb at?
AVERY:
Barb was working too.
O’NEILL:
So, Bobby was at the house.
AVERY:
Yeah.
O’NEILL:
How do you, how do you know he was there?
AVERY:
After, after I went over there, then—
O’NEILL:
So, later after you got done with her—
AVERY:
Yeah.
O’NEILL:
Then you went over to Barb's, you said?
AVERY:
Yeah.
O’NEILL:
Who was at Barb's when you were over?
AVERY:
Well, he was.
O’NEILL:
And nobody else?
AVERY:
No, nobody else was—
O’NEILL:
And why did, why did you stop at Barb's?
AVERY:
I don't know. I mostly just walk right over there.
O’NEILL:
Pardon?
AVERY:
I just mostly walk right over there.
O’NEILL:
So after she leaves, you put the Auto Trader magazine in your house.
AVERY:
Yeah, and I went over there.
O’NEILL:
And you walked right over, right away?
AVERY:
Yeah. Well, he was gone. He'd just left.
O’NEILL:
Bobby did?
AVERY:
Yeah.
O’NEILL:
Ok. So you walk over to Barb's though, right?
AVERY:
Yeah.
O’NEILL:
Who's there?
AVERY:
After she left, when I walked over there, he—he left.
SKORLINSKI:
Did you see him leave?
AVERY:
No.
SKORLINSKI:
So he was already gone.
AVERY:
Yeah. He just left.
O’NEILL:
So nobody was at Barb's then?
AVERY:
No. But the first time, when I come home or before that, I went over there and I talked to Bobby.

O’NEILL: 11 O’clock?
AVERY:
Yeah, somewhere in there.
O’NEILL:
Ok.
AVERY:
Uh, or it was after—it was 12 O’clock, because I was outside for a while.
O’NEILL:
Ok.
AVERY:
Because I went in the house.
SKORLINSKI:
Barb's already gone?
AVERY:
Yeah.
SKORLINSKI:
Ok.
AVERY:
I know I talked to him somewhere in there, I, I can't remember.
O’NEILL:
But before she came, you talked to Bobby?
AVERY:
Yeah.
O’NEILL:
And then after she left, you went over by Barb's. Bobby left.
AVERY:
Yeah.
O’NEILL:
What'd Bobby leave—what, what did he drive somewhere or take—
AVERY:
Yeah.
O’NEILL:
What'd he drive?
AVERY:
Yeah, he took his Blazer.
O’NEILL:
Do you know where he went?
AVERY:
No.
O’NEILL:
Ok. So when you're there at 11 O’clock, sometime after 11 O’clock, you actually talk to Bobby?
AVERY:
Yeah.
O’NEILL:
And then, you go back to your place?
AVERY:
Yeah.
O’NEILL:
And then, when the lady comes at two o’clock you talk to her. Then you get done with her and you go back over to Barb's but Bobby's gone because the Blazer's gone?
AVERY:
Yeah.
O’NEILL:
Did you go inside there at all?
AVERY:
No, no.
O’NEILL:
Ok. Where'd you go from there?
AVERY:
Went back home.
O’NEILL:
Ok. And you stayed there up until supper time?
AVERY:
Probably somewhere in there.


Steven Avery's sketch of the Avery property and where Teresa parked her "grn SUV" (O'Neill wrote the descriptions for the items in the sketch)


Steven Avery's sketch of the cul-de-sac on Kuss Road and Radandt's quarry (O'Neill wrote the descriptions for the items in the sketch)


The Avery property, the field (left of Avery Road), and the intersection of Avery Road and highway 147

Transcriptions by Nexious:

https://www.reddit.com/r/TickTockManitowoc/comments/5b8nt0/transcripts_steven_averys_police_and_media/

CASO Reports About Bobby Dassey

http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf

PAGE 90
TYPE OF ACTIVITY: Interview of Bobby A. Dassey
DATE OF ACTIVITY: 11/05/05
REPORTING OFFICER: Inv. John Dedering
DOCUMENTS GENERATED: One Page Written Statement

On Saturday, 11/05/05 at 1753 hrs., I (DEDERING) in the company of Manitowoc Co. Det. DENNIS JACOBS did interview the following individual at a roadblock situated at the intersection of STH 747 and Jambo Creek Rd. in the Town of Gibson. Manitowoc Countv: BOBBY A. DASSEY DOB r0/18/86 N12930 Avery Rd. Two Rivers, WI Phone 920-755-8715 Prior to asking BOBBY A. DASSEY any questions, he was advised that he was free to leave, was not under anest and did not have to answer any questions at anytime. I did have BOBBY DASSEY open his door to prove to him that the door was not locked and that he was, in fact, free to go.

BOBBY advised me that his father is PETER DASSEY and that his mother is BARB JANDA. He stated he does live with his mother at the Avery Rd. address. He stated that he lived on Avery Rd. since 2001 and prior to that he lived on Preston Rd. in Whitelaw for approximately eight years. BOBBY states he works third shift at HAMILTON MANUFACTURING in Two Rivers and is normally home by 6:30 a.m. in the moming.

BOBBY indicated that on Monday, 10/31/05, he woke up between 1400 and 1430 hrs. He stated that he looked out his family's mobile home window and observed a "little SUV" which he described as being either teal or blue in color. He stated he obserued the vehicle stop and a female exit the unit and photograph a maroon van, which his mother is attempting to sell. He stated that after the photographer had finished photographing the van, he observed her walking towards the residence of STEVEN AVERY. This residence is located immediately west of DASSEY's home. He stated that she was seen walking "towards the porch." He stated the photographer spent approximately five minutes photographing the vehicle. BOBBY stated that he left for deer bow hunting at approximately 1445 to 1500 hrs. He stated that the teal vehicle was still there when he left.

He stated that he arrived home at dark or shortly thereafter. He did estimate the time at 1645 hrs. He stated that when he arrived home, the blue or teal colored SUV was gone.

BOBBY was asked to describe the female who he saw walking towards STEVE's porch. He described her as being skinny with "brownish hair," and wearing a dark colored, waist length coat. He indicated he did not know if she was wearing glasses and did not know what kind of trousers she was wearing.

BOBBY indicated when he came out of his residence to go to his truck, he did not see the lady.

BOBBY stated it was his understanding that the lady had been to the AVERY property four to five different times in the past twelve months to photograph units that STEVE wished to sell in the AUTO TRADER magazine. BOBBY indicated he was never in the teal or blue colored SUV and had never touched the vehicle.

BOBBY stated that his vantage point of the vehicle and the young lady was from his mother's mobile home, which he estimated to be approximately 60 yards away from where the van is parked.

BOBBY indicates that Monday,10/31/05, was the first time he had seen the female photographer.

BOBBY indicated that as he was traveling on STH 147 towards the property he hunts deer on, he did observe an individual known to him as SCOTT TADYCH. BOBBY indicated that SCOTT would be able to verify precisely what time he had seen BOBBY. BOBBY stated that no one was in his vehicle with him.

BOBBY was asked once again, whether his prints would be in or on the RAV4 and he indicated, "No, no way at all."

BOBBY DASSEY indicated that he believed STEVE AVERY was at home alone during the time the photographer was in the vicinity. BOBBY indicated he was unsure who might have been at the AVERY'S AUTO SALVAGE shop. BOBBY denied having any sort of contact with the lady.

I advised him that we had learned that STEVEN indicated BOBBY had seen this young lady after STEVEN had. He indicated that there was "No way, I was hunting." I asked BOBBY if he would be interested in pursuing some sort of truth verification to show me that he was, in fact, being truthful and his response was "Yes." I asked him what he thought the results of this examination would show, and he indicated, "I'm telling the truth."

I asked Mr. DASSEY why STEVEN AVERY would say that BOBBY was the last one to see the photographer. BOBBY responded, "Did he say that?" I then asked BOBBY if it was true and his response was, 'No." I asked BOBBY why STEVEN would say something like this and BOBBY's response was "He'd stab ya in the back." BOBBY indicated that STEVEN has done this to him before over "little stuff."

BOBBY DASSEY did indicate that he was concerned for an eight-week-old Labrador puppy, which he stated, was in his mother's residence. He, very respectfully, asked Det. JACOBS and me if there was anyway possible he could retrieve the Labrador. I advised Mr. DASSEY that I would think about this and we ultimately made the decision to go into the BARB JANDA residence with BOBBY's permission to retrieve the dog. He indicated that we would find the doors to the residence unlocked.

At 1831 hrs., Det. JACOBS and I did retrieve a black Laborador puppy from the far west bedroom and we left the residence at 1834 hrs. At 1844 hrs., the Labrador puppy was tumed over to BOBBY DASSEY and BOBBY DASSEY did provide us with a written staternent at that time.  

BOBBY DASSEY did dictate the following one page written statement to me:

On Monday, 10/31/05 at about 2:15 - 2:30 pm, I got up to go deer hunting. I took a shower. I got dressed for bow hunting & noticed someone coming down the driveway. She stopped in front of my mom's maroon van that Steve is trying to sell for my mom. I watched her take pictures of the van. She got done with that & started to walk toward Steven's house. I grabbed my bow, got into my Blazer, and left. I didn't see the lady who took the pictures when I left. The S.U.V, a teal colored, possibly a Honda, was there when I left to go hunting. She had shoulder length brown hair, it looked darker to me. She was wearing a dark waist length jacket. She was skinny. About 3 or 4 minutes went by between the time I got my jacket and the time I got into my truck. I dictated this statement to Investigator Dedering. I have read this statement and initialed all corrections. This statement is true and accurate. No promises or threats have been made to get this statement."

My contact with BOBBY DASSEY ended at 1902 hrs.

Investigation continues.

PAGE 187
TYPE OF ACTIVITY: Supplemental Report
DATE OF ACTIVITY: 11/09/05
REPORTING OFFICER: Sgt. Bill Tyson

On Wednesday, 11/09/05, I (Sgt. BILL TYSON of the CALUMET COUNTY SHERIFF'S DEPARTMENT) was requested by Inv. WIEGERT to attend a briefing meeting that was going to be held at an offsite location. During the meeting, it was determined that STEVEN AVERY, DOLORES AVERY, BARBARA JANDA, CHARLES AVERY, EARL AVERY and BOBBY DASSEY would be taken into custody on a Search Warrant and transported to the AURORA MEDICAL CENTER in Two Rivers for a physical examination as well as the retrieval of Buccal swabs and all persons would be requested to submit their palm prints and fingerprints. SHERIFF JERRY PAGEL did call the CALUMET COUNTY JAIL and did request correctional officers to respond to the command post to meet with me to discuss this procedure and then set up the appropriate fingerprint equipment at AURORA MEDICAL CENTER.

PAGE 190
Continuation of Sgt. Bill Tyson's Supplemental Report

EARL AVERY was then taken to the examination room for the retrieval of his palm prints and fingerprints. After that process was completed, Correctional Officer SCHROEDER did turn those prints over to me at 1613 hours.

I was informed that BOBBY DASSEY was in an examination room awaiting his physical examination. Upon entering into that room, I did make contact with the two investigators and was introduced to BOBBY DASSEY. FAY FRITSCH and Dr. VOGEL-SCHWARTZ came into the room and did begin the physical examination at 1628 hours. The physical examination ended at 1638 hours. All markings on BOBBY DASSEY were photographed. FAY FRITSCH did the Buccal swabs on BOBBY DASSEY at 1639 hours. The Buccal swabs were placed in an envelope and sealed and that envelope was turned over to me by FAY FRITSCH at 1640 hours.

At approximately 1540 hours, I was notified by Special Agent JOSEPH KAPITANY the WI STATE CRIME LAB wanted the palm prints and fingerprints of STEVEN AVERY as soon as possible. I did turn over the FBI fingerprint card containing STEVEN AVERY's fingerprints as well as the left and right palm prints to JOSEPH KAPITANY. JOSEPH KAPITANY did sign the evidence document stating he did receive those items for transport to the WI STATE CRIME LAB.

All other items were transported to the CALUMET COUNTY SHERIFF'S DEPARTMENT and secured in the evidence room. All photographs taken were taken from the Calumet County investigators' digital camera. That camera was turned over to Inv. JOHN DEDERING.

PAGE 195
TYPE OF ACTIVITY: Interview of Bobby Dassey
DATE OF ACTIVITY: 11/09/05
REPORTING OFFICER: Inv. John Dedering
DOCUMENTS GENERATED: Miranda warning and two cassette tapes

On Wednesday, 11/09/05, DCI Special Agent KEVIN HEIMERL and I (DEDERING) were given the assignment of serving a Warrant on BOBBY J. DASSEY for his finger and palm prints and a DNA swab. We received the assignment in the morning and spent the majority of the moming and a good part of the afternoon attempting to contact Mr. DASSEY. We ultimately made contact with BOBBY DASSEY and he agreed to meet us at AURORA MEDICAL CENTER located between Manitowoc and Two Rivers on SRH 42. At 1444 hours on 11/09/05, I (DEDERING) did serve the Warrant on BOBBY DASSEY. At this point, I explained to him that he was not in custody, but was not technically free to leave either until we had executed the Warant.

At 1447 hours, I (DEDERING) did review BOBBY DASSEY's Miranda Warning from a form. The form was initialed in the proper areas by DASSEY, was signed by BOBBY DASSEY and witnessed by Special Agent HEIMERL and me. We advised BOBBY DASSEY we were going to be recording the interview and he indicated he had no problem with this.

A synopsis of the taped interview is that once again DASSEY stated he left home at approximately 1500 hours on 10/31/05 and he had observed a teal SUV, that he had never touched or gotten close to. He stated when he left the property there was no one in his immediate sight. He stated he did not talk with STEVEN AVERY between 11:00 a.m. and noon on 10/31/05 indicating he was asleep and is a very sound sleeper. He stated he does not even hear the telephone when it rings.

DASSEY indicated he stayed home until 2330 hours on 10/31/05 and then left for work at HAMILTON MANUFACTURING. DASSEY states only STEVEN AVERY has keys to STEVEN's house. DASSEY states he knew nothing about a family dinner at Grandma AVERY's on 10/31/05.

DASSEY indicated he has seen the Suzuki that we discussed with him parked at STEVEN's garage for about two weeks. He indicates the clutch is out and you have to push it to move it. He stated the Suzuki was parked in the garage the week before the girl went missing.

DASSEY indicated that sometimes family members will burn the heads of deer but this is usually in the burn barrel. DASSEY stated the only deer at the residence was the deer that is hanging in the garage currently. BOBBY DASSEY states this is his first year bow hunting and he hunts approximately two and one-half miles away from his house.

DASSEY stated STEVEN was mad at BARBARA about something and he was not sure what but they patched it up last Wednesday. DASSEY indicated he does not talk to CHARLES or EARL and has not spoken with CHRIS (ph) AVERY in the past nine months.

DASSEY indicated that on Tuesday or Wednesday, he observed a burning in the area in a pit behind STEVEN's garage. He believed there was brush burning. DASSEY stated he was home that night. BOBBY DASSEY states STEVEN sometimes burns tires in the pit and STEVEN usually burns tires at night so you cannot see the smoke. DASSEY indicated STEVEN does not burn his tires anywhere else and he indicated he believed STEVEN was burning with DASSEY's little brother, BRENDAN.

At 1618 hours, (by my watch) BOBBY DASSEY's palm prints and fingerprints were taken by Correctional Officers SCHROEDER and FLEMING. At 1631 hours, (by my watch) there was a physical examination of BOBBY DASSEY by FAY L. FRITSCH an exam nurse at AURORA MEDICAL CENTER.

At 1636 hours, I did question BOBBY DASSEY regarding scratches on his back. He stated these were due to his week old Labrador puppy jumping on his back. He stated he was bent down to put on his shoes when the dog jumped up and scratched him. I did examine DASSEY's shirt and could find no obvious holes or tears. The exam ended at 1643 hours (by my watch). I did speak with Dr. VOGEL-SCHWARTZ who indicates the scratches appear to be fairly recent but possibly could be a little older. She stated it was not likely they were over a week old. She stated it is her opinion that the scratches were fairly recent. The scratches to BOBBY DASSEY's back were photographed.

At 1648 hours, we did escort DASSEY from the hospital, he was released and I observed him speaking with his mother in the parking lot.

Investigation continues.

PAGE 518
TYPE OF ACTIVITY: Interview of Bobby Dassey
DATE OF ACTIVITY: 02/27/06
REPORTING OFFICER: Inv. John Dedering

On Monday, 02/27/06 at 1126 hrs., various members of the WISCONSIN DEPT. OF CRIMINAL INVESTIGATION and the CALUMET CO. SHERIFF's DEPT. did meet at MISHICOT FIRE DEPT. The purpose of our meeting was to view a videotaped interview done by Special Agent TOM FASSBENDER and Inv. MARK WIEGERT on a subject named BRENDAN R. DASSEY on 02/27/06. According to information I had obtained from WIEGERT, DASSEY had made some statements with regard to STEVEN AVERY's disposal of TERESA HALBACH, as well as who was responsible for her death. While waiting for other members of the interview team to arrive, I did assist Inv. BALDWN with an interview of BARBARA JANDA. For details of this, please see the report of Inv. BALDWIN.

Special Agent MICHAEL SASSE and I did locate BOBBY DASSEY at the residence of DUANE OSMUNSON, 5017 Nuclear Rd. in the Mishicot area at 1955 hrs. SASSE and I asked BOBBY DASSEY if he had some time to speak with us and he indicated that he did. We then went out to the county vehicle, which I was operating, and BOBBY DASSEY did have a seat in the front passenger side and Special Agent SASSE climbed into the rear passenger side. Prior to asking DASSEY any questions, he was advised that he was not under arrest, did not have to answer questions if he chose not to and was free to leave at anytime he so wished. I asked him to open the passenger front door of the vehicle in order to demonstrate to him that he was perfectly free to leave. He understood this and agreed to answer questions.

We went over his activities to the best of his recollection on Monday, 10/31/05. He stated that he arrived home from work at approximately 0630 hrs (It should be noted that DASSEY was employed at FISHER HAMILTON in Two Rivers at this time) and went to bed. He stated that he got up between 1400 and 1430 hrs., got into the shower and went bow hunting. He stated he arrived home somewhere approximately 1730 hrs. and that it was dark out already. He stated he did not recall who was home when he arrived, but thought perhaps BRENDAN was. He stated that when he arrived home, he went straight to bed and did not eat. He stated he got up at approximately 2100 hrs., got ready for work and once again did not eat. He stated that to the best of his recollection, BLAINE was home and possibly BRENDAN as well. He stated that his other brother BRYAN was not at home and was possibly at his girlfriend's residence.

BOBBY indicated that when he was leaving for work at approximately 2130 hrs., he noticed that STEVEN was having a bonfire. He estimated that the flames were five to six feet in height. He stated that it was a good-sized fire and that STEVEN has had fires there in the past. He stated that he could not say for sure that STEVEN was tending to the fire and he was further unsure whether BRENDAN was there or not. He stated that the view from his residence to the fire pit is somewhat blocked by the garage of STEVEN AVERY. He stated that he worked from 2200 hrs. until 0600 hrs. the following day and when he arrived home, he noticed nothing unusual and that the fire was out.

I asked BOBBY if his brother, BRENDAN, was one to lie about things and he stated that BRENDAN would possibly lie about little things. I asked him if BRENDAN would lie about anything concerning the HALBACH murder investigation, and he stated that he would not lie about this. I asked BOBBY if he has noticed any changes in BRENDAN and his response was "not really." When I asked him if BRENDAN has been depressed recently, he stated that he was a little depressed. BOBBY indicated that BRENDAN has not discussed anything regarding what he may have seen in the fire pit on 10/31/05 or what STEVEN may have told BRENDAN. BOBBY indicated that his brother, BRENDAN, likes to play basketball games and racing games on their Playstation 2. He states that he does not play with others, but prefers to compete by himself on the machine.

I asked BOBBY if he could recall once again what he saw regarding TERESA HALBACH and her vehicle. He stated that while he was preparing to go bow hunting on 10/31/05, he observed TERESA's vehicle pull in and he observed TERESA get out and take one or two photos of the maroon van, which his mother had for sale. BOBBY said that this was prior to him getting into the shower. He stated that when he got out of the shower (approximately ten minutes later) he brought his bow out to the vehicle and TERESA's vehicle was still there but he did not see her. He stated that she was wearing a black coat, black trousers and he cannot recall what color her top was. DASSEY drew me a diagram indicating that the HALBACH vehicle was pointed in a westerly direction almost directly across from the westernmost portion of the BARBARA JANDA circular driveway. BOBBY stated that the vehicle was gone when he got back from hunting.

I asked BOBBY about the position of the Suzuki Samurai. BOBBY thought that to his best recollection, the Suzuki was in the garage for a while, and he was unsure when STEVEN moved it out of the garage. He stated that he was never in the garage when the Suzuki was parked in the garage and he stated that he could no longer independently recall where the Suzuki was positioned when he left for hunting.

I asked BOBBY DASSEY who his brother, BRENDAN, might confide in and he indicated the only person he could think of was BRENDAN's friend, TRAVIS FABIAN, whose father, ROBERT FABIAN, is a friend of EARL AVERY.

I asked BOBBY if he could recall the burn barrel in front of STEVEN's residence burning when he left for hunting, and he stated he could not independently recall this. Agent SASSE asked BOBBY DASSEY if he could ever recall STEVEN AVERY shooting a .22 at the burn barrel or anything else in the immediate vicinity of STEVEN AVERY's residence. BOBBY indicated he could not recall anything like this except for one occasion. SASSE asked DASSEY if he could recall STEVEN AVERY in possession of a buck knife or a leatherman and BOBBY DASSEY could not recall that.

BOBBY DASSEY indicated that he doesn't recall BRENDAN or STEVEN acting any differently after the October 31st. incident. He further indicated he could not recall any sort of injury to STEVEN's arms or hands on October 31st.

Investigation continues.