Ken Kratz's Summary Exhibits for Halbach's and Avery's Cell Phone Calls

All day re-tracing TH steps.No doubt she left Avery property alive.All roads lead to one door & it's not Steven Avery's.#MakingAMurderer

— Kathleen Zellner (@ZellnerLaw) April 9, 2016

Bobbie Dohrwardt of Cellcom testified that she prepared the spreadsheet for Avery's cell phone calls (day 12, page 153) but the who, what and why of using her "call log" rather than Avery's actual bill wasn't explained. This "call log" created on a spreadsheet (exhibit 359) was entered into evidence rather than Avery's actual bill, which would have shown all his calls along with the cell sites used. Dorhrwardt's "call log" did not show any cell site information. 

During her testimony, Dohrwardt used the "call log" spreadsheet (exhibit 359), the documents prepared by Kratz (exhibits 360 and 362), and Teresa's Cingular pre-bill (exhibit 361) to testify about who called Avery and Teresa and at what time.

It is obvious why Avery's actual bill was not entered into evidence: it would list calls that could destroy the prosecution's timeline. Also, it is important to note that the bill from Teresa's carrier, Cingular, shows phone numbers for her outgoing calls but not her incoming calls. If Cingular only provides the phone numbers for outgoing calls, how did Ken Kratz determine the identity of the incoming callers to Teresa's cell phone (he would need to subpoena or execute a warrant for her call detail request to get the incoming numbers)?



Kratz prepared a separate document, a "summary exhibit," where he listed names of incoming callers to Teresa's cell phone (Exhibit 362 above), but without other official documentation there is no way to confirm that the names are the actual callers. In other words, Kratz's concocted document list names and call times for incoming calls but there is no evidence to back this up. He created these documents to support his timeline. And these documents should not have been presented to Dohrwardt when she testified: she doesn't know who made the incoming calls to Teresa, and for Kratz to ask her to tell the jury who made the calls by reading from his concocted documents is outrageous.

None of the documents used at trial are acceptable. Anything faxed can be altered. Only printouts of official documentation produced directly by the cell phone carriers should have been admitted into evidence.  

"In our records, incoming calls are not shown. No incoming calls show on the records, just the outgoing calls." - Laura Schadrie, Cingular Wireless Store Manager, Day 12, Page 210

"In our records, incoming calls are not shown. No incoming calls show on the records, just the outgoing calls." - Laura Schadrie, Cingular Wireless Store Manager, Day 12, Page 210

Kratz created the "summary exhibit" listing Dawn as the 2:27 p.m. caller, but this is based on Wiegert misrepresenting that call since November 3rd. No evidence was entered at trial to prove who made the incoming calls.

On day 12 of the trial, Laura Schadrie, a Cingular Wireless Store Manager, testified: "In our records, incoming calls are not shown. No incoming calls show on the records, just the outgoing calls." (Day 12, Page 210). The incoming calls are pure fabrication by the prosecution.

In all likelihood, the 2:27 p.m. call was from someone in the Zipperer home. Was this George, JoEllen, Bonnie or Jason returning Teresa's call from 15 minutes earlier? The called lasted 4 minutes and 45 seconds.

Sometime after the 2:27 p.m. call, Teresa set her phone to "Call Forwarding No Answer," which means her incoming calls would automatically go to voicemail.

About 10 minutes after first trying to call Teresa to see if she could come back for a second shot, Avery tried again at 2:35 p.m. using *67, but hung up before the call even registered with Teresa's phone: meaning, she didn't see that second call attempt.

At this point maybe Avery decided he should just call AutoTrader and ask them to see if Teresa could come back for a second shot. Avery's actual cell phone bill was not entered into evidence, so we don't know if this was the case.

At 2:41 p.m., an incoming call to Teresa went to voicemail. She never retrieved this voicemail. This was the last call to register with a cell tower. This last call forwarded message (CFNA) occurred when her cellphone was still powered on and registered. When CFNA is activated, you must provide a forwarding phone number and a number of rings. CFNA forwards your phone to that forwarding number. If that forwarding number doesn't answer, then the call is sent to voicemail. The default behavior is for the phone to go to voicemail if it is unanswered.

Dawn told Wiegert on November 3rd that the 2:27 p.m. to Teresa could have been her because she left Teresa a voicemail that afternoon. However, Teresa answered the 2:27 p.m. incoming call and spoke to the caller for almost five minutes. The only voicemails left that afternoon were at 1:52 p.m. and 2:41 p.m. Coincidentally, both of these calls were not included on the summary exhibit created by Kratz of Teresa's cell activity. These voicemails are included in a printout entered into evidence. The printout for the 1:52 voicemail record was altered; the 2:41 voicemail record, although not altered, didn't have any data that would help identify the caller.

Teresa called two other people that morning, and both were located in Green Bay.

It seems virtually every witness called by Kratz at Avery's trial was coached to lie to backup the prosecution's timeline, and it seems like Avery is the the only one with a consistent story about his contact with Teresa that day and the time she arrived and departed.

Teresa's phone last registered with a cell site at 2:41 p.m., an incoming call that went to voicemail, and that caller left a 60-second voicemail. Teresa made no calls and answered no calls after that.

The next person to try calling her was Avery at 4:35 p.m., but by this time her phone was no longer registering with a cell site, which means it was powered off or the battery was dead or removed.

So something happened to Teresa between 2:41 p.m. and 4:35 p.m.

The earliest she would have left Zipperer's is 3 p.m. Since she hadn't made any calls or received any calls during this time period, there is no cell tower data on her Cingular bill to indicate her location.

Teresa was killed:

1. On Zipperer's property;
2. On the road or at another appointment after leaving Zipperer's property, heading either toward Green Bay or home;
3. At her photo studio in Green Bay if she went there to assemble her materials and overnight her package to AutoTrader; or
4. At or near her home if she headed there after her last appointment (she could have gone home to assemble her materials, with the plan to overnight the package to AutoTrader from Appleton, which is near her home).

Wiegert's report on his November 3rd activity is shady (trial exhibit 216, excerpt below). The report doesn't even indicate when he wrote it. Laura Schadrie of Cingular testified: "In our records, incoming calls are not shown... no incoming calls show on the records, just the outgoing calls." And she testified that Cingular doesn't print out the phone numbers of incoming calls. So Wiegert only had the phone numbers of the outgoing calls from Teresa's phone. And those calls only had the phone numbers, not the names of the callers. Wiegert wrote that the 11:43 a.m. outgoing call was to Steven Avery when that number belongs to Barb Janda. Also, see other notes on the image below on why Wiegert's report is part of the conspiracy to frame Avery.










Teresa's Cingular pre-bill faxed to Wiegert on November 4th is exhibit 361.
Kratz's "summary" of her cell phone calls is exhibits 360.
Avery's "call log" produced by Cellcom witness Dohrwardt is exhibit 359.
Kratz's "summary" of Avery's "call log" is exhibit 362.
Teresa's voicemail records are trial exhibit 372.





Bobbie Dohrwardt

Team Leader, Technical Support Department, Cellcom (Avery's Carrier)
Gave testimony regarding cellphone records

• Direct Examination [Ken Kratz] [151]
• Cross-Examination [Jerome Buting] [158]
• Redirect Examination [Ken Kratz] [171]

page 152
 1   Q.   Ms Dohrwardt, the first document that you have in
 2        front of you, which is actually quite small
 3        print, I would ask you to identify that document
 4        number for me, please; what exhibit number is it?
 5   A.   Exhibit 359.
 6   Q.   And could you tell the jury, please, what
 7        Exhibit 359 is?
 8   A.   It is a call record that I produced.

page 153
16   Q.   If I ask you at a specific time and if you have
17        another record next to you, which I think is
18        Exhibit No. 360, please feel free to refer to
19        that if that will assist you; does that sound
20        okay?
21   A.   Fine.

page   154
22   Q.   Let me ask you, then, Ms Dohrwardt, at 8:12 a.m.
23        on October 35 (sic), 2005, was a cellular
24        telephone call placed from that cellular
25        telephone of Steven Avery?
 1   A.   Yes.
 2   Q.   And again, referring to Exhibit No. 360, since
 3        that will refer to subscriber names rather than
 4        numbers, could you tell us who that call went to,
 5        please?
 6   A.   That call was to Auto Trader.
 7   Q.   And how long or what was the duration of that
 8        call?
 9   A.   Two minutes, forty-seven seconds.
10   Q.   I would next ask you to review a outgoing
11        telephone call at 2:24 p.m.; do you note that
12        calling having been made?
13   A.   Yes.
14   Q.   And again, referring to Exhibit No. 360 and
15        Exhibit 359, in conjunction, are you able to tell
16        who that telephone call was made to?
17   A.   To Teresa Halbach.
18   Q.   What is the duration of that call?
19   A.   Seven secondspage 155
12   Q.   And next, Ms Dohrwardt, I'm going to ask you to
13        review those records, again, Exhibit 359 and 360.
14        Ask, at 2:35 p.m., if another call, outgoing
15        call, was attempted from the cellphone of
16        Mr. Steven Avery?
17   A.   Yes. 
18   Q.   And who was that call placed to?
19   A.   Teresa Halbach.
20   Q.   Is there a duration or was that a completed call?
21   A.   There was no duration.

page 157
 3   Q.   Now, we have talked about Exhibit No. 359 being
 4        your records, that is, the records of Cellcom;
 5        does Exhibit No. 360 appear to be, legal term is
 6        a summary exhibit, of what you have testified to
 7        here today?
 8   A.   Yes.
 9   Q.   And do the numbers or times of the calls, type of
10        call, and call durations, all appear consistent
11        with not only the records in 359, but also with
12        what you have testified here today?
13   A.   Yes.
14                 ATTORNEY KRATZ:  With that, then, Judge, I
15        will move the admission of Exhibits 359,
16        provisionally 360, and maybe an additional
17        stipulation with that exhibit.  But I don't believe
18        I have any further questions of Ms Dohrwardt at this
19        time.  Thank you.
20                 THE COURT:  Any objection to the exhibits?
21                 ATTORNEY BUTING:  No objection.
22                 THE COURT:  All right.  The exhibits are
23        received.

Cross Exam

page 160
10   Q.   Sure.  Okay.  Well, let's go into that little
11        issue that you just brought up, answered or not.
12        Do you have 360 -- Exhibit 360 in front of you?
13   A.   Yes.
14   Q.   And then, I'm going to put this up on the ELMO
15        because this is testing the limits of my eyes.
16        Exhibit 359, that's the basis really of your
17        testimony today, your knowledge, right?
18   A.   Right.
19   Q.   Exhibit 360 was not prepared by you, though,
20        right?
21   A.   Right.
22   Q.   That was prepared by the prosecutor, just as sort
23        of a summary exhibit of what your testimony would
24        be?
25   A.   Right.

page 161
24   Q.   I just want to show you first, make sure we know
25        what we're talking about here; 359, which has
 1        this very small font because you are trying to
 2        get -- whoever printed it is getting a long line
 3        of columns onto a little 8 1/2 X 11 piece of
 4        paper, right?
 5   A.   Correct.  Actually both pages, side by side,
 6        would be the entire record. 
 7   Q.   Oh, it actually goes out two full pages, you're
 8        right. 

page 167
 1   Q.   All right.  So we don't know whether the call
 2        goes -- These records don't tell us whether the
 3        call goes into voice mail or whether it's
 4        answered by a live person?
 5   A.   If it was a Cellcom customer, I could see that,
 6        but not when it's another carrier.

page 170
 1   A.   Whether, again, I can't say a phone or a voice
 2        mail system, either would cause that result.  But
 3        the connection was up for 11 seconds.
 4   Q.   So then why does Exhibit 360 say duration zero?
 5   A.   I don't know if that's because of how the other
 6        carrier shows whether it was answered or not.
 7        And how -- I can't explain how their records
 8        work, how these numbers came to be.
 9   Q.   All right.  Well, if this Exhibit 360 is being
10        introduced through you, presumably it's based on
11        your knowledge of Cellcom's records --
12   A.   Correct. 
13   Q.   Or is it?
14   A.   Well, I just saw this for the first time today,
15        so I apologize, I did not see that particular
16        call. 
17                 THE COURT:  Just for the Court's
18        clarification; did you prepare Exhibit 360?
19                 THE WITNESS:  No.
20                 ATTORNEY BUTING:  Okay.
21   Q.   (By Attorney Buting)~ I'm not trying to beat up
22        on you, ma'am, I'm just trying to clarify.  I
23        understand that you didn't prepare 360.  What I'm
24        asking you is, now, looking at the record
25        yourself, from your own records; would you
 1        suggest that perhaps that Exhibit 360 in front of
 2        you be amended, if not corrected, amended to show
 3        on the duration column, 11 seconds?
 4   A.   Yes.
 5                 ATTORNEY STRANG:  Thank you.  That's all I
 6        have. 

Redirect Exam

page 172

16   Q.   (By Attorney Kratz)~ Ms Dohrwardt, I have now
17        handed you what has been marked for
18        identification purposes as Exhibit No. 361 have
19        you seen that document before?
20   A.   Yes.
21   Q.   In providing the information for Exhibit No. 360,
22        the summary exhibit, which as Mr. Buting
23        correctly indicates, is an exhibit created as a
24        summary of voluminous information, did you look
25        at Exhibit 361 and assist in the interpretation
 1        of those records, together with your records, of
 2        Exhibit 359?
 3                 THE COURT:  Just a second, before we go
 4        further, I think we should identify what Exhibit 361
 5        is.
 6                 ATTORNEY KRATZ:  I would be happy to do
 7        that, Judge.
 8   Q.   (By Attorney Kratz)~ What is Exhibit No.  361?
 9   A.   Exhibit 361 is a type of call record activity
10        from Cingular.
11   Q.   And do you know what Cingular is?
12   A.   They are another cellphone provider.
13   Q.   And do you know -- do you know if the Cingular
14        wireless records that are contained in
15        Exhibit 361 tell the other side of the story, for
16        lack of a better term, for what the caller
17        records from 359 tell?
18                 ATTORNEY BUTING:  Objection, she's still
19        not been qualified to be able to interpret these
20        records.
21                 THE COURT:  I assume that she's in the
22        process of being qualified.  You may be right, maybe
23        she won't be qualified, but I think this is a
24        foundational question, as I understand it.
25   A.   These records have a lot of the same information
 1        that ours -- that Cellcom records have, but a lot
 2        that we don't.  They are missing a lot that our
 3        records have.
 4                 So you can't see, on the calls at these
 5       particular times, who actually the calling number
 6       was on those; where ours show inbound and
 7       outbound.  But these do show communication
 8        between the phone and the network; durations;
 9        outbound numbers, if they were dialed.  And
10        that's it.  That's all that's on these records. 
11   Q.   Exhibit 361 also shows something called a tower
12        site, or a tower designation; is that correct?
13   A.   Correct.
14   Q.   Now, let's go back to the qualification, your
15        qualifications; as technical research team
16        leader, as in fact the manager of tech support
17        for Cellcom, are you familiar with interpreting
18        that kind of data and that kind of information?
19   A.   Yes.
20   Q.   In fact, you do that every day?
21   A.   Correct.
22                 ATTORNEY BUTING:  Which kind of data are we
23        referring to?  The question is not clear.
24                 THE COURT:  She has to be qualified to
25        interpret the -- Exhibit 361, the records from a
 1        competitor.
 2                 ATTORNEY KRATZ:  I understand that, Judge.
 3                 THE COURT:  That's where you are going?
 4                 ATTORNEY KRATZ:  Yes.
 5   Q.   (By Attorney Kratz)~ Are you asked to interpret
 6        information -- And the specific column that I'm
 7        interested in is cell designation and cell site
 8        information.  Are you asked to interpret that
 9        kind of information every day?
10   A.   Yes.
11   Q.   And, specifically, as you look at Exhibit
12        No. 331, are you able --
13                 THE COURT:  361?
14                 ATTORNEY KRATZ:  361, I'm sorry, Judge.
15   Q.   (By Attorney Kratz)~ Ms Dohrwardt, are you able,
16        in looking at Exhibit No. 361, to provide
17        assistance, to provide an explanation as to a
18        call made at 4:35 p.m. on March 31st of 2005?
19        I'm sorry, 4:35 p.m.
20   A.   What I can --
21   Q.   October 31st, I'm sorry.
22   A.   What I can say about these records is that
23        communication between the phone and some cell
24        site, which I can't convert, because I don't have
25        a chart to tell what these numbers mean, as far
  1        as what cell site, but they clearly show that
 2        there's communication between the phone and a
 3        site, for every call up until that call.  And
 4        then there's no further communication with that
 5        phone and any cell site after that time.

Bobbie Dohrwardt (re-called)

Team Leader, Technical Support Department, Cellcom
Gave testimony regarding cellphone records

• Direct Examination [KK] [215]
• Cross-Examination [JB] [220]

page 215
Q.   (By Attorney Kratz)~ Ms Dohrwardt, what are cell
11        sites?
12   A.   Those would be towers and sectors of towers.
13        Ours are numbered, one tower could have up to six
14        different numbers.
15   Q.   On a cellular telephone is used, how does that
16        cellular telephone communicate with a cell tower?
17   A.   By registration.
18   Q.   Does that happen --
19   A.   There are certain events that cause registration.
20   Q.   Why don't you explain that for us, if you can.
21   A.   When a phone is powered on, it creates
22        registration; when it makes or receives a call,
23        it will show registration; sends or receives a
24        message, it will show registration.  And when
25        it's powered down, physically powered down, that
 1        would be the last registration and it would show
 2        at that time that it was physically powered off.
 3   Q.   And what can physically power off a telephone or
 4        a cellphone?
 5   A.   For where I'm talking, it would be holding the
 6        power button.
 7   Q.   Okay.  If a cellular phone is no longer operable,
 8        that is, if a cellular telephone is somehow
 9        destroyed, will it show that it is somehow off,
10        or powered down, or will it continue to bounce
11        off of or hit off of a cell tower?
12   A.   No, it will no longer have a registration.

 page  218
 1   A.   I believe that the numbers in the Icell column do
 2        represent cell site numbers, that represent the
 3        cell site for each of those calls.  And that at a
 4        point there is no longer any communication with
 5        the phone for the subsequent calls.
 6                 ATTORNEY KRATZ:  Mr. Fallon can move that a
 7        little bit to the left. 
 8   Q.   Are you able --
 9                 ATTORNEY KRATZ:  To the left, Mr. Fallon,
10        there you go, and up a little bit.  The other way
11        Mr. Fallon.  If I could see the cell site, there we
12        go.
13   Q.   (By Attorney Kratz)~ Are you able, now looking at
14        Exhibit 361, to see at which time is the last
15        telephone call regarding this particular phone,
16        Ms Halbach's phone, that actually was hitting or
17        using a cell tower?
18   A.   That would be the 2:41 p.m. call.
19   Q.   After 2:41 p.m., on the 31st of October, has Ms
20        Halbach's phone ever again, as this exhibit shows
21        you, receive or send a phone message?
22   A.   No.
23   Q.   So the 4:35 call, specifically, do you see that
24        on there?
25   A.   Yes.

 1   Q.   Says 13 seconds; is that right?
 2   A.   Yes.
 3   Q.   But do you see a cell tower that's associated
 4        with that?
 5   A.   No.
 6   Q.   What does that tell you?
 7   A.   That tells me that that duration was spent in
 8        voice mail.
 9   Q.   That it wasn't -- Does it tell you whether or not
10        it was physically answered?
11   A.   It could not have been.  There's no cell site
12        communicating with the phone for that call.
13   Q.   So if a cell call doesn't physically ever bounce
14        off a tower, it can't physically ever be
15        answered; is that what you are saying? 
16   A.   Correct.
17   Q.   And is that the 4:35 call that is shown in
18        Exhibit No. 361?
19   A.   Yes.
20   Q.   And, in fact, every call thereafter, that phone
21        never bounces off a cell site, does it?
22   A.   Correct.  There's no registration.
23                 ATTORNEY KRATZ:  That's all I have got,
24        Judge.  Thank you.

Cross Exam

page   220
 1        ATTORNEY BUTING:  Just a couple of points
 2        of clarification.  Sorry, I'm an idiot on this
 3        stuff, bear with me.
 6   Q.   You said that when the phone is powered down,
 7        there is no registration, right?
 8   A.   There is an event that shows --
 9   Q.   Okay.
10   A.   -- that it's physically powered down.  And that
11        we would see in the switch.
12   Q.   But you can't tell that from these records?
13   A.   No.
14   Q.   Okay.  And if someone calls you when your phone
15        is powered down, it goes into -- their phone
16        still pings off some sort of tower, right?
17   A.   Who's theirs? 
18   Q.   The calling party.
19   A.   The calling party calling a powered down phone?
20   Q.   Sure.
21   A.   Yes.
22   Q.   It still goes to a tower?
23   A.   The calling phone, yes.
24   Q.   And then that tower, what, searches for the
25        other -- for the receiving phone?  If it doesn't
 1        find it, it goes to voice mail, is that how it
 2        works?
 3   A.   It depends on whether you're same carrier or not
 4        same carrier, that you are calling. 
 5   Q.   So, here it was a phone call from your carrier
 6        that goes to a tower trying to reach a phone
 7        that's not answering it, or not picking it up,
 8        will it go to that voice -- to that other
 9        carrier's voice mail, or how does that work? 
10   A.   The other carrier switch would have conditions or
11        triggers that, certain conditions are met, send
12        the call to voice mail, such as no answer after
13        25 seconds.
14   Q.   Okay.
15   A.   It knows the phone is powered off and then it
16        would send it immediately to voice mail, not --
17   Q.   Okay. 
18   A.   -- 13 seconds typically.
19   Q.   Okay.  So this -- your best estimate is this
20        probably went to voice mail?
21   A.   Right.
22   Q.   As did the other ones after that?
23   A.   Right.
24   Q.   And the only way then to retrieve those messages
25        if -- let's say if the phone was destroyed,
 1        somebody would have to be calling in on a land
 2        line and using and accessing that through a
 3        password?
 4   A.   Right.  From any other phone, you can access
 5        voice mail.
 6   Q.   With a password?
 7   A.   With a password?
 8                 ATTORNEY BUTING:  All right.  Thank you.
 9                 THE COURT:  Anything else?
10                 ATTORNEY KRATZ:  No, Judge.  I didn't know
11        if -- if those four exhibits have been received.  I
12        believe they have, but if not, I would offer them at
13        this time.
14                 THE COURT:  Any objection at this time?
15                 ATTORNEY BUTING:  Yes, we can talk about --
16        We do have an objection to summary exhibits, but I
17        think we can probably work that out with counsel,
18        during a break.



Laura Schadrie

Cingular Wireless Store Manager (Teresa's carrier)
Gave testimony regarding cellphone records

• Direct Examination [KK] [180]
• Cross-Examination [JB] [189]

page 182
18   Q.   Ms Schadrie, are you able, in reviewing Exhibit
19        No. 361 and in conjunction with 362, at least as
20        that relates to names rather than telephone
21        numbers, of providing this jury with a summary of
22        telephone calls, both incoming and outgoing, from
23        Teresa Halbach's cellular records dated
24        October 31, 2005?
25   A.   Yes.
 1   Q.   I'm first going to ask you to look at a telephone
 2        call at 9:46 a.m.  And, again, feel free to
 3        compare and to use both documents if they will
 4        assist you.  I'm going to ask you first of all if
 5        that was an incoming or an outgoing call?
 6   A.   That was incoming call.
 7   Q.   And who was that received from?
 8    A.   Auto Trader.
[Cingular only lists the phone numbers of outgoing calls, and it does not provide the names for them; no numbers or names are listed for incoming calls -- Kratz has produced the "summary exhibit" 360; he is providing the names for the incoming calls yet he doesn't explain how he determined the identity of incoming callers.]
 9   Q.   Time of the call?
10   A.   Thirty-three seconds.
11   Q.   And you're meaning the duration of the call; is
12        that right?
13   A.   Yes.

"In our records, incoming calls are not shown. No incoming calls show on the records, just the outgoing calls." - Laura Schadrie, Cingular Wireless Store Manager, Day 12, Page 210

Q.   All right.  Second call I'm going to ask you to
24        refer to is a call at 11:04 a.m.; do you see that
25        call?

 1   A.   Yes.
 2   Q.   Was that incoming or outgoing?
 3   A.   That was an outgoing call.
 4   Q.   And who was that call to?
 5   A.   Voice mail.
 6   Q.   And how long was that call?
 7   A.   1 minute and 55 seconds.

Q.   Next call I'm going to have you identify is at
21        2:27 p.m.; do you see that?
22   A.   Yes.
23   Q.   And was that incoming or outgoing?
24   A.   That was an incoming call.
25   Q.   And from whom?

 1   A.    Auto Trader.
 2   Q.   And how long was that call?
 3   A.   Four minutes and forty-five seconds.   Now, your -- 

13       The summary exhibit, that is,
14        Exhibit No. 362, does that set forth the type of
15        calls, who they were sent or received from, the
16        time of the call, and the duration, as you have
17        testified here in court?
18   A.   Yes.
19   Q.   And have you looked back, however, at Exhibit 
20        No. 361, those are your Cingular records themselves;
21        is that right?
22   A.   Yes.
23   Q.   I want you to look at the column that deals with
24        cell site information, or where a call may -- may
25        be placed off of, or what's called hit off of; do

 1        you see that column?
 2   A.   Yes.
 3   Q.   All right.  Specifically, the call at 4:35 p.m.,
 4        do you see that call on your records, 361?
 5   A.   Yes.
 6   Q.   Now, does the call at 3 -- at 4:35 p.m., does
 7        that appear to have been a completed call,
 8        meaning, did that call hit off of any cell sites
 9        that your records reflect?
10   A.   I don't know.
11   Q.   Does it show on the exhibit whether or not it hit
12        off of any cell sites?
13   A.   No.
14   Q.   No it doesn't, or no it didn't?
15   A.   It doesn't show that it hit any cell site

ATTORNEY KRATZ:  With that, Judge, at least
 4        with Ms Schadrie, that's all the questions I have.
 5        I would move the admission of 361 and 362 at this
 6        time.
 7                 THE COURT:  Any objection?
 8                 ATTORNEY BUTING:  Yes, but I would like to
 9        be heard outside the jury as to the summary of those
10        only.  But we can hold off on that and do the cross.
11                 THE COURT:  By summary exhibits, we're
12        talking 360 and 362.
13                 ATTORNEY BUTING:  Yes.
14                 THE COURT:  Very well.  Other exhibits are
15        okay?
16                 ATTORNEY BUTING:  361 and 359, I have no
17        objection.
18                 THE COURT:  Okay.  Those are admitted.  And
19        Mr. Buting, you may commence your cross.
20                 ATTORNEY BUTING:  Thank you.
21   Q.   Okay.  And just so we're clear, Exhibit 362
22        that's in front of you, the summary exhibit, does
23        not include all of the calls that were made to
24        and from Teresa Halbach's phone on October 31st,
25        does it?

 1   A.   Right.
 2   Q.   And, in fact, if you look at Exhibit 361, there
 3        is a call at 2:41 p.m., that has a duration of 1
 4        minute and 20 seconds, correct?
 5   A.   Yes.
 6   Q.   And that does show a cell site, right?
 7   A.   Yes.
 8                 ATTORNEY KRATZ:  Judge, I'm going to object
 9        as irrelevant, unless Mr. Buting wants to admit that
10        there is a relevance that it shows a cell site in
11        there.
12                 ATTORNEY BUTING:  I'm just pointing out
13        what's on the record at this point.
14                 THE COURT:  Does it have any relevance?
15                 ATTORNEY BUTING:  Well, how about this
16        relevance, it's the last phone call on Teresa
17        Halbach's record that shows an actual cell site
18        location.  I think that's pretty relevant.
19                 ATTORNEY KRATZ:  I will absolutely
20        stipulate to that, Judge, that's the last call that
21        ever made it to Ms Halbach, that's right.
22                 ATTORNEY BUTING:  I'm not stipulating to
23        that.  I'm just saying it's the last one with a cell
24        site on it.
25                 THE COURT:  I'm gathering from what you are

 1        saying -- both saying, that at least it has some
 2        relevance, so I'm going to allow the question.
 3   Q.   (By Attorney Buting)~ So, for instance, the 2:41
 4        calls says a minute and 20 seconds duration,
 5        right?
 6   A.   Yes.
 7   Q.   And these records don't tell us, if I understand,
 8        whether or not a phone call gets sent into voice
 9        mail or not?
10   A.   Correct.
11   Q.   And there's also a call -- I'm just going to --
12        this may be compound, but I will ask it any way.
13        There was a call at 1:52 p.m., right?
14   A.   Yes.
15   Q.   That's not on Exhibit 362, correct?
16   A.   Correct.
17   Q.   There was a call at 12:45 p.m., right?
18   A.   Yes.
19   Q.   It's not on Exhibit 362, right?
20   A.   Correct.
21   Q.   And neither of those calls show the number that
22        it's coming from?
23   A.   Correct.
24   Q.   There's another one at 12:29 p.m., correct?
25   A.   Correct.

 1   Q.   And all three of those last numbers I mentioned
 2        are incoming calls?
 3   A.   Yes.
 4   Q.   You can tell that because an outcoming call -- or
 5        outgoing call from her phone would have the phone
 6        number that's dialed?
 7   A.   Right.
 8   Q.   So, for instance, that last actually dialed
 9        number that's reflected on here is at 2:13 p.m.,
10        that is on Exhibit 362, and that has a long
11        number, that apparently is the voice mail?
12   A.   Yes.
13   Q.   Which is actually a 4-1-4 number?
14   A.   Yes.
15   Q.   Okay.  Is there anything in this exhibit, No.
16        361, that tells you the names of these people
17        that you testified to, that are on Exhibit 362?
18   A.   No.
19   Q.   So, when you said, for instance, a phone call to
20        George Zipperer at 2:12, that is not actually
21        reflected on 361, is it?
22   A.   Correct.
23   Q.   And you didn't prepare 362, did you?
24   A.   No.
25   Q.   And the phone call that you mentioned that 362
 1        says was to Steven Schmitz, you can't tell that
 2        from your record, Exhibit 361, either, can you?
 3   A.   Correct.
 4   Q.   And even the call to Barb Janda at 11:43 a.m.
 5        reflected on 362, you cannot tell that from your
 6        own records, 361?
 7   A.   Correct.
 
page 205
13   BY ATTORNEY BUTING:
14   Q.   Just a couple of other questions I need to ask
15        you.  Does the -- Are you familiar with the
16        Cingular wireless dot com access site?
17   A.   Yes.
18   Q.   A customer can go online and access information
19        about their account?
20   A.   Yes.
21   Q.   To do that, you type in the website, when you get
22        to the website you have to put in a user name and
23        a password, right?
24   A.   Right.  You have to first set up the account.
[See Ryan Hillegas Created a Password for Teresa Halbach's Online Cingular Account Because She Hadn't Yet Setup One for Herself]
25   Q.   Okay.  So in order to access those records, you
 1        would have to -- someone would have to know the
 2        user name and password, right?
 3   A.   Yes.
 4   Q.   And before you can find out, online, whose
 5        making -- or what calls someone has been making
 6        on a particular Cingular account, you would have
 7        to get past that screen?
 8   A.   Yes.
 9   Q.   That requires a user name and a password?
10   A.   Yes.
11   Q.   There is no other way for me, or anyone else, to
12        find out who you have been calling on your
13        account, as an example?
14   A.   Right.
15   Q.   And in Teresa Halbach's case, the focus here,
16        since I don't know if it's a different type of
17        account, but to your knowledge, for one to access
18        Teresa Halbach's wireless account and find out
19        who was calling her or who she called on October
20        31st, one would have to enter a user name and a
21        password?
22   A.   Yes.
23   Q.   Okay.  All right.  Maybe I better put this up on
24        the ELMO so the jury can follow.
25                 ATTORNEY BUTING:  I just put an exhibit
 1        back up on the Elmo again, Judge, that's got
 2        numbers.
 3                 THE COURT:  It has phone numbers.  Is that
 4        going to be the first one you put up there?
 5                 ATTORNEY STRANG:  Yes, that will be the
 6        first one.
 7                 THE COURT:  All right.  Then the TV camera
 8        is instructed not to show the screen for this next
 9        exhibit.
10   Q.   (By Attorney Buting)~ Exhibit 361 is -- is now on
11        the screen, correct?  Is that correct, ma'am?
12   A.   Yes.
13   Q.   Okay.  I'm sorry.  And this is the report that --
14        this is the record that you were testifying
15        about, on direct, as to information on Teresa
16        Halbach's wireless account?
17   A.   Yes.
18   Q.   I'm going to zoom it in a little bit because it's
19        hard to see here, but, for instance, in the --
20        what would be the second column, its says call
21        date, call time, it's got dialed number,
22        duration, etcetera, right?
23   A.   Yes.
24   Q.   Okay.  And this column that says dialed number
25        has a lot of blanks in between the numbers.  It
 1        has got some numbers there and there are some
 2        that are blank, right?
 3   A.   Yes.
 4   Q.   And even the numbers that are there don't give a
 5        name, right?
 6   A.   Right.
 7   Q.   So this document doesn't really tell you who made
 8        a call, for instance, at 12:29:08 p.m. that
 9        lasted 40 seconds?
10   A.   Correct.
11   Q.   And this document doesn't tell you whose number
12        is 755-8715, does it?
13   A.   Correct.
14   Q.   So Exhibit 362, where it says sent and received
15        and has a whole lot of names in it, how did you
16        get those names; how did you tie those names to
17        any of these numbers, or to any of these calls, I
18        should say, since some of them don't even have
19        numbers?
20                 ATTORNEY KRATZ:  Judge, that's a summary
21        exhibit, this witness did not create.  I think
22        that's been established.
23                 THE COURT:  I'm going to excuse the jury
24        again for a couple of minutes here.  The witness may
25        stay.
 1                 ATTORNEY BUTING:  I -- Do I take that down
 2        or leave it up?
 3                 THE COURT:  You can leave it up.
 4                     (Jury not present.)
 5                 THE COURT:  You may be seated.  Counsel,
 6        maybe I'm missing something here, but if the parties
 7        agreed to have exhibits that only had names and not
 8        numbers, I guess I don't understand the significance
 9        of questions that are asking why these exhibits show
10        numbers and not names.
11                 ATTORNEY BUTING:  Judge, let me clarify.  I
12        misspoke when I mentioned the one that's up there
13        that has the 755 number.  My question is as to the
14        ones that are blank, where there is no phone number,
15        some of which are on this exhibit, I believe.
16                 THE COURT:  I understand that, I wasn't
17        second guessing that.  But this is not the first
18        time we have had some questions about why the
19        summary exhibit show names, but the phone records
20        show only numbers.  And I think it's unfair to
21        suggest to the jury that there's anything untoward
22        about that if the parties have agreed that they want
23        the summary exhibits to show names and not numbers.
24                 ATTORNEY KRATZ:  The Court directed us to
25       do this and that's why this exhibit was created.  We
 1        were in chambers and the defense agreed.  There's
 2        not a stipulation, that's great.  Let us know.
 3                 ATTORNEY BUTING:  Bear with me, just one
 4        moment, your Honor.  Judge, I think we have this
 5        worked out, I apologize.  The summary exhibit
 6        includes phone numbers from other records and other
 7        exhibits, that have already been introduced, this
 8        witness doesn't know that.
 9                 I just want to clarify, through this
10        witness, that the absence of numbers on this
11        exhibit, where it says dialed, numbers in.  That
12        doesn't, for instance, mean that it's a *67 call
13        or anything like that.  The absence of those
14        numbers is just because, as I understand, they
15        are not Cingular customers; is that right?
16                 THE WITNESS:  The absence of the numbers
17        dialed?  You mean, are you talking about like on --
18                 ATTORNEY BUTING:  Yeah.
19                 THE WITNESS:  Just the missing numbers?
20                 ATTORNEY BUTING:  Right.
21                 THE WITNESS:  Those would be *67, or
22        incoming calls.
23                 ATTORNEY BUTING:  Oh, so --
24                 THE WITNESS:  In our records, incoming
25        calls are not shown.
 1                 ATTORNEY BUTING:  Unless they are a
 2        Cingular person; if they are a Cingular person do
 3        they show up on incoming?
 4                 THE WITNESS:  No.
 5                 ATTORNEY BUTING:  Oh.
 6                 THE WITNESS:  No incoming calls show on the
 7        records, just the outgoing calls.
 8                 ATTORNEY BUTING:  *67 or otherwise?
 9                 THE WITNESS:  Right.
10                 ATTORNEY BUTING:  Okay.  We'll just clarify
11        that point for the jury --
12                 THE COURT:  Right.
13                 ATTORNEY BUTING:  -- and we'll also
14        explain.
15                 THE COURT:  I think counsel should explain
16        to the jurors that those summary exhibits have names
17        and not numbers because the parties agreed that's
18        how it's going to be done.  Now, if there's -- if
19        there's any disagreement about a number matching a
20        name, that's a separate issue, but assuming that
21        there's no disagreement about that, I think that
22        should be clarified for the jury.
23                 ATTORNEY KRATZ:  I would appreciate it.
24        Thank you.
25                 THE COURT:  Who wants to do it?
 1        the 4:35 p.m. phone call, one of which says the
 2        duration is zero seconds and another exhibit says 13
 3        seconds.
 4                 So with that, otherwise, we don't have a
 5        problem with these two exhibits.
 6                 ATTORNEY KRATZ:  I understand that.  And we
 7        may recall that witness --
 8                 ATTORNEY BUTING:  Okay.
 9                 ATTORNEY KRATZ:  -- just to explain that
10        one call, Judge.
11                 THE COURT:  Very well.  Mr. Buting, do you
12        have further questions?
13                 ATTORNEY BUTING:  Just one or two last
14        ones.
15   Q.   (By Attorney Buting)~ Exhibit 361, which is still
16        on the screen here, just so we're clear, the
17        dialed number column there that has some phone
18        numbers and also has some blanks --
19   A.   Yes.
20   Q.   The ones that are blank are not blank because
21        somebody uses the *67 necessarily, right?
22   A.   Correct.
23   Q.   Those are simply all incoming calls of any sort.
24        Cingular doesn't print out the phone numbers?
25   A.   Correct.
 1   Q.   All right.
 2                 ATTORNEY BUTING:  That's all I have.
 3                 THE COURT:  All right.  Anything else from
 4        the State?
 5                 ATTORNEY KRATZ:  Not of this witness.  I
 6        will recall Ms Dohrwardt.
 7                 THE COURT:  This witness -- You are
 8        excused.  And then we'll allow the State to recall
 9        Ms Dohrwardt.
10                 You may be seated.  And, Ms Dohrwardt,
11        you are still under oath.  Mr. Kratz.
12                 ATTORNEY KRATZ:  Thank you.
13
DIRECT EXAMINATION
14   BY ATTORNEY KRATZ:
15   Q.   Ms Dohrwardt, the exhibit that is now being
16        shown, Exhibit No. 361, you see a column that's
17        called Icell, do you see that?
18   A.   Yes.
19   Q.   Do you know what that column represents?
20   A.   I don't know for a fact, but by cell and the
21        numbers, I would interpret that to be cell site
22        numbers.
23   Q.   All right.  So the jury --
24                 ATTORNEY BUTING:  Objection, your Honor, if
25        she doesn't know, she doesn't know.
 1                 THE COURT:  Mr. Kratz.
 2                 ATTORNEY KRATZ:  I can ask her what cell
 3        site numbers are and how she believes that column
 4        relates to that, Judge.  I would be happy to do
 5        that, or I can call somebody from the Department of
 6        Justice.  We can do it either way.
 7                 THE COURT:  Well, you may ask additional
 8        foundation questions if you believe it will help.
 9                 ATTORNEY KRATZ:  I do.
10   Q.   (By Attorney Kratz)~ Ms Dohrwardt, what are cell
11        sites?
12   A.   Those would be towers and sectors of towers.
13        Ours are numbered, one tower could have up to six
14        different numbers.
15   Q.   On a cellular telephone is used, how does that
16        cellular telephone communicate with a cell tower?
17   A.   By registration.
18   Q.   Does that happen --
19   A.   There are certain events that cause registration.
20   Q.   Why don't you explain that for us, if you can.
21   A.   When a phone is powered on, it creates
22        registration; when it makes or receives a call,
23        it will show registration; sends or receives a
24        message, it will show registration.  And when
25        it's powered down, physically powered down, that
 1        would be the last registration and it would show
 2        at that time that it was physically powered off.
 3   Q.   And what can physically power off a telephone or
 4        a cellphone?
 5   A.   For where I'm talking, it would be holding the
 6        power button.
 7   Q.   Okay.  If a cellular phone is no longer operable,
 8        that is, if a cellular telephone is somehow
 9        destroyed, will it show that it is somehow off,
10        or powered down, or will it continue to bounce
11        off of or hit off of a cell tower?
12   A.   No, it will no longer have a registration.
13   Q.   And if a cellphone no longer has a registration,
14        that's two questions.  First of all, can you
15        still send a call, like a voice mail message, to
16        that particular cellphone?
17   A.   Yes.
18   Q.   Physically, however, if it is no longer in
19        service, if it's destroyed, as an example; could
20        you physically answer or communicate with that
21        cellphone?
22   A.   No.
23   Q.   And do you know or do you have an opinion as to
24        how that may be reflected in cell records,
25        specifically in record No. 361?
 1   A.   I believe that the numbers in the Icell column do
 2        represent cell site numbers, that represent the
 3        cell site for each of those calls.  And that at a
 4        point there is no longer any communication with
 5        the phone for the subsequent calls.
 6                 ATTORNEY KRATZ:  Mr. Fallon can move that a
 7        little bit to the left.
 8   Q.   Are you able --
 9                 ATTORNEY KRATZ:  To the left, Mr. Fallon,
10        there you go, and up a little bit.  The other way
11        Mr. Fallon.  If I could see the cell site, there we
12        go.
13   Q.   (By Attorney Kratz)~ Are you able, now looking at
14        Exhibit 361, to see at which time is the last
15        telephone call regarding this particular phone,
16        Ms Halbach's phone, that actually was hitting or
17        using a cell tower?
18   A.   That would be the 2:41 p.m. call.
19   Q.   After 2:41 p.m., on the 31st of October, has Ms
20        Halbach's phone ever again, as this exhibit shows
21        you, receive or send a phone message?
22   A.   No.
23   Q.   So the 4:35 call, specifically, do you see that
24        on there?
25   A.   Yes.
 1   Q.   Says 13 seconds; is that right?
 2   A.   Yes.
 3   Q.   But do you see a cell tower that's associated
 4        with that?
 5   A.   No.
 6   Q.   What does that tell you?
 7   A.   That tells me that that duration was spent in
 8        voice mail.
 9   Q.   That it wasn't -- Does it tell you whether or not
10        it was physically answered?
11   A.   It could not have been.  There's no cell site
12        communicating with the phone for that call.
13   Q.   So if a cell call doesn't physically ever bounce
14        off a tower, it can't physically ever be
15        answered; is that what you are saying?
16   A.   Correct.
17   Q.   And is that the 4:35 call that is shown in
18        Exhibit No. 361?
19   A.   Yes.
20   Q.   And, in fact, every call thereafter, that phone
21        never bounces off a cell site, does it?
22   A.   Correct.  There's no registration.
23                 ATTORNEY KRATZ:  That's all I have got,
24        Judge.  Thank you.
25                 THE COURT:  Mr. Buting.
 1                 ATTORNEY BUTING:  Just a couple of points
 2        of clarification.  Sorry, I'm an idiot on this
 3        stuff, bear with me.
 4
CROSS-EXAMINATION
 5   BY ATTORNEY BUTING:
 6   Q.   You said that when the phone is powered down,
 7        there is no registration, right?
 8   A.   There is an event that shows --
 9   Q.   Okay.
10   A.   -- that it's physically powered down.  And that
11        we would see in the switch.
12   Q.   But you can't tell that from these records?
13   A.   No.
14   Q.   Okay.  And if someone calls you when your phone
15        is powered down, it goes into -- their phone
16        still pings off some sort of tower, right?
17   A.   Who's theirs?
18   Q.   The calling party.
19   A.   The calling party calling a powered down phone?
20   Q.   Sure.
21   A.   Yes.
22   Q.   It still goes to a tower?
23   A.   The calling phone, yes.
24   Q.   And then that tower, what, searches for the
25        other -- for the receiving phone?  If it doesn't
 1        find it, it goes to voice mail, is that how it
 2        works.
 3   A.   It depends on whether you're same carrier or not
 4        same carrier, that you are calling.
 5   Q.   So, here it was a phone call from your carrier
 6        that goes to a tower trying to reach a phone
 7        that's not answering it, or not picking it up,
 8        will it go to that voice -- to that other
 9        carrier's voice mail, or how does that work?
10   A.   The other carrier switch would have conditions or
11        triggers that, certain conditions are met, send
12        the call to voice mail, such as no answer after
13        25 seconds.
14   Q.   Okay.
15   A.   It knows the phone is powered off and then it
16        would send it immediately to voice mail, not --
17   Q.   Okay.
18   A.   -- 13 seconds typically.
19   Q.   Okay.  So this -- your best estimate is this
20        probably went to voice mail?
21   A.   Right.
22   Q.   As did the other ones after that?
23   A.   Right.
24   Q.   And the only way then to retrieve those messages
25        if -- let's say if the phone was destroyed,
 1        somebody would have to be calling in on a land
 2        line and using and accessing that through a
 3        password?
 4   A.   Right.  From any other phone, you can access
 5        voice mail.
 6   Q.   With a password?
 7   A.   With a password?
 8                 ATTORNEY BUTING:  All right.  Thank you.
 9                 THE COURT:  Anything else?
10                 ATTORNEY KRATZ:  No, Judge.  I didn't know
11        if -- if those four exhibits have been received.  I
12        believe they have, but if not, I would offer them at
13        this time.
14                 THE COURT:  Any objection at this time?
15                 ATTORNEY BUTING:  Yes, we can talk about --
16        We do have an objection to summary exhibits, but I
17        think we can probably work that out with counsel,
18        during a break.
19                 THE COURT:  All right.  I'm going to excuse
20        the witness at this time.  And members of the jury,
21        I'm going to excuse you for the day as well.
22        Remember not to discuss the case among yourselves or
23        with anyone else.  And make sure not to watch any
24        news media accounts of the case.  We will see you
25        tomorrow morning at the normal time.
 1                     (Jury not present.)
 2                 THE COURT:  You may be seated.  We're still
 3        on the record here.  Counsel, with 360 and 362, are
 4        you referring to the phone numbers that the defense
 5        may want to add to the exhibits, or something else?
 6                 ATTORNEY STRANG:  What we would like to do
 7        is, I think talk to the State about modifying the
 8        exhibits.  They may well agree.  Just, you know, to
 9        include the information that -- that we want on and
10        have elicited.
11                 There's no reason the jury would have to
12        know that the exhibit has been modified.  The
13        jury hasn't seen 360 or 362.  Assuming we can
14        reach an agreement with the State, as I expect we
15        will, then we would not have an objection to the
16        admission of 360 or 362 and the jury can see them
17        at that point.
18                 THE COURT:  All right.  Well, let's make
19        sure to take that up first thing tomorrow morning.
20        I would like to meet briefly with counsel in
21        chambers before you leave today.
22                 ATTORNEY KRATZ:  Just, Judge, if I can just
23        complete the record.  360 and 362 were both shown by
24        Mr. Buting, to the jury.  I promised the Court I
25        wouldn't show them until we made any changes that
 1        there was going to be.  I suspect none of them are
 2        going to pick up on that.  And I don't have any
 3        objection to Mr. Buting and Mr. Strang and I trying
 4        to refine those exhibits.  And if the Court has no
 5        objection and Madam Clerk doesn't as well and we can
 6        come to some agreement, we'll simply substitute
 7        those exhibits.
 8                 ATTORNEY STRANG:  I stand corrected,
 9        Mr. Buting says he did briefly swipe them past, but
10        we'll see what we can work out.
11                 THE COURT:  All right.
12                   (Proceedings concluded

Michael D. Halbach

Teresa’s Brother

• Direct Examination [KK] [156]
• Cross-Examination [DS] [178]

page 170
18   Q.   All right.  Let's go back just a little bit,
19        Mike, if we can.  After your mom reported your
20        sister missing on the 3rd of November, how was it
21        that you were informed of that?
22   A.   On Thursday, November 3rd, I was working.  I got
23        a call from my mom that afternoon at about 2:00
24        or 2:30 wondering if I knew where -- or if I had
25        talked to my sister in the previous, you know,
 1        since Sunday.  And I said that I hadn't.
 2                 And so I went on to call one of Teresa's
 3        good friends at her work and asked her if she had
 4        known where Teresa could be.  Because it was
 5        completely unlike her to go somewhere without
 6        telling anyone, especially a family member, a
 7        good friend, her roommate, or her boss.
 8                 So, I guess after we made those calls it
 9        became very evident to me that something was
10        seriously wrong and I expressed that to my mom.
11        Then shortly after -- and she was, you know, she
12        was in agreement, obviously; she knew something
13        was wrong, just like everyone else did.

page 183
18   Q.   Did you -- Did you have access to her computer
19        passwords or account information for, like, her
20        cell phone, for example, or bills, that kind of
21        thing?
22   A.   Cell phone, yes; computer password, yes.
23   Q.   She had shared that with you at some time
24        earlier?
25   A.   I did business work for her, website graphics,
 1        so --
 2   Q.   Oh.
 3   A.   I, yeah, I just knew it through that.
 4   Q.   So, you knew it through that --
 5   A.   Correct.
 6   Q.   -- because you would have a reason to get on to
 7        her computer to help her with her website? 
 8   A.   Well, I didn't have to go on her computer, but I
 9        had to connect to a web host --
10   Q.   Sure. 
11   A.   -- just to put stuff for her website, so.
12   Q.   Okay.  I'm nodding like I know what you are
13        talking about and I really don't.  But the point
14        is you had -- you had access to her password
15        information so you could check her cell phone
16        bill?
17   A.   I never did.  I don't know -- So since I never
18        did, I wouldn't know if I had the right password
19        for her cell phone bill.  I knew --
20   Q.   Okay.
21   A.   -- her password for her voice mail. 
22   Q.   And that's where I was going.  I think -- I think
23        on Thursday evening, November 3, somebody was
24        able to get at her cell phone records on the
25        computer, but that was not you?
 1   A.   I don't think on her computer, no.
 2   Q.   Okay.  And you didn't have her voice mail?
 3   A.   I said I did -- did have her voice mail password.
 4   Q.   You did have her voice mail password.  Okay.  Did
 5        you check voice mails?
 6   A.   I did.
 7   Q.   Do you remember when you did that?
 8   A.   It was probably Thursday evening, early evening. 
 9   Q.   After your mom --
10   A.   Yes.
11   Q.   -- had --
12   A.   Yes. 
13   Q.   -- filed a missing persons report? 
14   A.   Yes.
15   Q.   Okay.  So I take it you were at work earlier that
16        day?
17   A.   Correct.
18   Q.   And the missing person report was sort of at the
19        end of the day, 5:00 or something?
20   A.   Correct.

Anthony Joseph Zimmerman

Network Engineer, Cingular Wireless
Gave evidence regarding cell records and voicemail

• Direct Examination [KK] [153]
• Cross-Examination [JB] [164]

Cross examination of Laura Schadrie regarding voicemails:

page 193 
 8   Q.   All right.  Let's talk about voice mail for a
 9        minute, you are familiar with that, right.
10   A.   Yes.
11   Q.   If somebody wants to call their own voice mail,
12        from their own Cingular phone; do they have to
13        enter a password?
14   A.   No.
15   Q.   So you just push some buttons and it goes
16        automatically?
17   A.   Correct.
18   Q.   Okay.  If somebody wants to call voice mail from
19        a land line, though, say the owner of a cellphone
20        is trying to pick up their messages on a land
21        line, they would have to enter some password,
22        right?
23   A.   Yes.
24   Q.   And when one does that, if you are on a land line
25        or -- I will broaden that a little bit, whether
 1        you are calling for a land line or your own
 2        cellphone, when you call in it will tell you --
 3        give you a message, you have five new messages,
 4        something like that, right?
 5   A.   Yes.
 6   Q.   And then you push a button and you listen to all
 7        five of those messages, right?
 8   A.   Yes.
 9   Q.   Once you do that, in your records, those are
10        considered opened and listened to.  They are
11        still on your system, but they are considered
12        opened and read, right?
13   A.   Yes.
14   Q.   If there are phone messages in your voice mail
15        that you don't open and read, they are reflected
16        in your records as unopened?
17   A.   Yes.
18   Q.   So, if your records show that on a certain date,
19        let's say, we'll just pick a date, November 5th
20        of 2005, okay.  If your records were to show that
21        messages were opened all the way up to that date,
22        on Teresa Halbach's phone, that would mean that
23        somebody had listened to those voice messages?
24                 ATTORNEY KRATZ:  Objection, speculation,
25        Judge.
 1                 ATTORNEY BUTING:  I guess she can answer
 2        it.
 3                 ATTORNEY KRATZ:  I haven't heard a
 4        foundation, perhaps he could lay some foundation
 5        with this witness.
 6                 THE COURT:  All right.  That's fair.
 7   Q.   (By Attorney Buting)~ You understand Cingular
 8        records, right?
 9   A.   Yes.
10   Q.   You understand Cingular's voice mail process,
11        right?
12   A.   Yes.
13   Q.   And you understand how they mark messages,
14        incoming opened, or incoming unopened, right?
15   A.   Yes.
16   Q.   And incoming old, you know what that means as
17        well, right?
18   A.   Yes.
19   Q.   Incoming old would mean messages that have been
20        already listened to and are still on the system?
21   A.   Right.
22   Q.   Incoming unopened would be messages that are on
23        the system that no one has ever listened to?
24   A.   Right.
25   Q.   All right.  And then incoming new would be a
 1        brand new message that's come in, probably the
 2        most recent one, right?
 3   A.   Correct.
 4   Q.   If --
 5                 ATTORNEY KRATZ:  Judge, I would like to be
 6        heard outside the presence of the jury, please.
 7                 THE COURT:  All right.  At this time the
 8        Court will excuse the members of the jury.
 9                     (Jury not present.)
10                 THE COURT:  We'll excuse the witness from
11        the courtroom as well.  You can step out in the
12        hallway.
13                    (Witness not present.)
14                 ATTORNEY BUTING:  Judge, actually --
15                 THE COURT:  All right.  I believe the jury
16        and the witness are both out of the courtroom at
17        this time.
18                 ATTORNEY BUTING:  Actually, I think we
19        might need this witness to be able to make this
20        argument, but.  What is Mr. Kratz's objection?
21                 THE COURT:  Mr. Kratz.
22                 ATTORNEY KRATZ:  These are voice mail
23        messages that were retrieved, I think it's clear,
24        and I think Mr. Buting knows, from family members of
25        Teresa Halbach, after she was missing on the second,
 1        or third, or something like that.  And Mr. Buting's
 2        position, if his theory of defense is that Teresa
 3        Halbach is alive on the 2nd of November, we're
 4        entitled to know that.  We're entitled to notice of
 5        that.  That's my objection, is that it's irrelevant.
 6        He is about to show her some retrieved voice mails
 7        on the 2nd.  It absolutely is meant to mislead this
 8        jury and I want an offer of proof, Judge.
 9                 THE COURT:  Mr. Buting.
10                 ATTORNEY BUTING:  There's no -- Mr. Kratz
11        may draw the conclusion that because messages are
12        opened as of November 2nd that means that Teresa
13        Halbach was alive on that date, I don't.  And I
14        don't think the jury needs to either, but I do
15        intend to introduce records that show that her voice
16        mail was picked up at 8 a.m. on November 2nd and
17        that she was not reported missing for 36 hours more.
18        Somebody listened to her messages, waited 36 hours
19        before she was reported missing.