Did Teresa Halbach Go to Avery's Before or After Zipperer's?

UPDATE JUNE 9, 2017 - ZELLNER'S PETITION FOR POST-CONVICTION RELIEF SAYS TERESA HALBACH WENT TO AVERY'S BEFORE ZIPPERER'S

On June 7, 2017, Kathleen Zellner filed a motion for post-conviction relief for Steven Avery. In it she gives the "correct timeline for his activities" on October 31st, which is based on Steven's affidavit (Affidavit of Steven Avery, attached and incorporated herein as P-C Exhibit 4) and "Ms. Halbach's new cell records" (Ms. Halbach's New Cell Records, attached and incorporated herein as P-C Exhibit 72):

"Current post-conviction counsel, using new telephone records of Ms. Halbach, has reconstructed the correct timeline and route that Ms. Halbach took on October 31, 2005."

The following is the "accurate timeline for Steven Avery's activities on October 31, 2005," according to Zellner's motion filed on June 7, 2017 (page 139).

Mr. Avery has given an affidavit that the following is the correct timeline for his activities on October 31, 2005:

8:12 a.m.: Mr. Avery called AutoTrader to schedule an appointment for his sister Barb Janda. According to Angela Schuster ("Ms. Schuster"), manager of the AutoTrader office, Mr. Avery was already linked to Barb's husband Tom Janda's AutoTrader account.

11:04 a.m.: Mr. Avery called AutoTrader from his landline (920-755-4860) (Toll Free Records, P-C Exhibit 74), which was linked in the AutoTrader records to Tom Janda's account. (11/6/05 DCI interview of Angela Schuster; "11/6/05 Schuster Interview," attached and incorporated herein as P-C Exhibit 75). Mr. Avery confirmed that a photographer was coming to the Avery property to photograph the Janda van and that the photographer would be arriving at approximately 2:00 p.m. Mr. Avery confirmed the address of the Barbara Janda appointment as being 12932 Avery Road. (Affidavit of Steven Avery, P-C Exhibit 4). At this point in time, there can be no question that Ms. Pliszka knew that the appointment, scheduled at 8:12 a. m., was made by Mr. Avery and that it was to take place at the Avery property. The State omitted Mr. Avery's call to AutoTrader at 11:04 p.m. from its timeline to the jury. (Trial Exhibit 360).

2:24 p.m.: Mr. Avery called Ms. Halbach to see when she would be arriving. (Affidavit of Steven Avery, P-C Exhibit 4).

2:31 p.m.: Ms. Halbach arrived at the Avery property. Mr. Avery recalls that when he looked out of his trailer window, he saw Ms. Halbach snap one photograph of the Janda van. Mr. Avery put on his shoes and went outside. Ms. Halbach began walking towards Mr. Avery's trailer, but when she saw Mr. Avery, she waved and turned around to go to her car to get his magazine. When Mr. Avery approached the car, Ms. Halbach was in the driver's seat with the door open and the engine running. Mr. Avery approached the driver's door, which Ms. Halbach left open, and handed Ms. Halbach cash totaling $40.00. Ms. Halbach handed an AutoTrader magazine to Mr. Avery. Mr. Avery remembers there was no mud splattered on Ms. Halbach's car, or visible damage to the driver's side bumper or parking light of her vehicle, and the back seats were in the upright position. Ms. Halbach turned left on Highway 147 after leaving the Avery property. (Affidavit of Steven Avery, P-C Exhibit 4).

2:35 p.m.: Mr. Avery read that AutoTrader advertised for sale front-loaders. He called Ms. Halbach to ask her to come back to his property in order to take a photograph of a loader that he wished to sell. Mr. Avery hung up before Ms. Halbach picked up the phone because he wanted to go see Bobby. (Affidavit of Steven Avery, P-C Exhibit 4).

4:35 p.m.: Mr. Avery called Ms. Halbach again at 4:35 p.m. that evening to set up an appointment for her to photograph the front-loader to advertise it in AutoTrader. (Affidavit of Steven Avery, P-C Exhibit 4). Mr. Avery's call went to the automated voicemail.

5:36 p.m.: Mr. Avery's girlfriend Jodi called Mr. Avery from jail. The couple spoke for fifteen minutes, the maximum time allowed from jail phones. These calls were recorded by the jail. (Jail Phone Log, attached and incorporated herein as P-C Exhibit 76, STATE 1 _9308).

7:00 p.m.: Mr. Avery had a bonfire. The fire burned for about two or two and a half hours. His nephew Brendan came over as well. They burned brush. (Affidavit of Steven Avery, P-C Exhibit 4).

8:57 p.m.: Jodi called Mr. Avery from the jail phone and the couple again spoke for the maximum time allowed from jail phones. This call was recorded by the jail. Brendan went home before Jodi called, and by the time Brendan left, the fire had burned down to ash. (Jail Phone Log, P-C Exhibit 76, STATE 1_9308).

Concerning the bonfire that Steven believes occurred in his pit on October 31st, detectives persuaded witnesses that there had been a bonfire on October 31st. Steven himself then became convinced that he had a bonfire on October 31st. However, based on initial statements of witnesses, especially those of Blaine Dassey, there wasn't a bonfire on October 31st. The false memories implanted in the minds of witnesses overcame any true recollection of events on October 31st.

SUMMARY OF TIMELINE BASED ON ZELLNER'S JUNE 7, 2017 MOTION

1:52 PM: Teresa's cell phone is being serviced by the same tower that will service it again at 2:41:59, the Whitelaw tower, which is 13.1 miles from the Avery property (per Zellner's August 2016 motion).

2:13 PM: Teresa checks her voicemail. The call to her voicemail was serviced by a cell tower in Shoto, near Zipperer's (according to the fax of Teresa's Cingular pre-bill, but the fax may have been doctored). Teresa may have turned onto County Road B, heading north, rather than south, believing she was heading in the direction of Zipperer's, but Zipperer's was in the other direction on County Road B. Since she was heading north on County Road B, she continued in that direction to Avery's, which was one of the routes she could have taken to Avery Salvage Yard.

2:31 PM: Steven looks out his trailer window and sees Teresa taking one photo of Barb's van; Steven grabs the ad description and cash and walks outside; Teresa sees Steven and waves for him to meet her at her RAV4; Steven walks to Teresa's RAV4 and he gives her $40 as she is sitting in the driver's seat with the engine running; Teresa hands Steven a current copy of AutoTrader magazine (if Teresa's phone was pinging a tower during this time period, Zellner would know because she has cell tower data; however, Ryan Hillegas said coverage was spotty at Avery Salvage Yard, which could mean that Teresa's phone was not registered with a tower while she was at the salvage yard).

2:33 PM: Steven has returned to his trailer; Bobby is getting in his truck; Teresa is in her RAV4 with the door shut and engine running.

2:33 PM: Bobby leaves and doesn't see Teresa in her vehicle, but she is there, in her RAV4, with it running, parked in the driveway, about to leave.

2:34 PM: Teresa leaves right after Bobby leaves.

2:35 PM: Steven, still inside his trailer, calls Teresa to see if she will return to take a photo of a front-loader, but he hangs up before she answers; he decides to next door to Barb's to talk to Bobby (he doesn't know that Bobby just left).

2:36 PM: Steven walks outside and sees Teresa signaling to turn left from Avery Road onto highway 147 (Bobby just left, and Teresa was right behind him, but Steven was inside his trailer when Bobby left and turned right from Avery Road onto highway 174, so he only sees Teresa leaving).

2:41 PM: Teresa has left Avery Salvage Yard and is driving back from where she just came, southward toward Zipperer's, but this time on County Road Q, not County Road B (she is north of a tower in Whitelaw, which is currently servicing her phone rather than the Zipperer tower in Shoto -- as she gets closer to Zipperer's, the tower in Shoto would take over if her phone is still powered on). At 2:41, her cell phone is registering with the same tower, the Whitelaw tower, that serviced it 49 minutes earlier, at 1:52.

2:50 PM or later: Teresa arrives at Zipperer's (her phone would be pinging the Shoto tower if it was still powered on; however, Teresa inadvertently may have turned her phone off when she pressed "end" to forward the call at 2:41 to voicemail -- CFNA).

"The cell phone coverage out in that area [of Avery Salvage Yard] is absolutely horrid.  And to get a call out to -- most of the time when I used my phone out there, I only had 30 seconds or a minute to talk before your phone cut off on you." - Ryan Hillegas, pre-trial testimony

Also from Zellner's June 7th motion for post-conviction relief:

Trial defense counsel, by not carefully reviewing the discovery and not having the appropriate experts, failed to realize the following:

Ms. Halbach's last appointment was at the Zipperer's not the Avery's, and the CD of her voicemail left on the Zipperer's answering machine was concealed and/or destroyed by the State to mislead the jury into believing Ms. Halbach's last stop was Mr. Avery's.

Also from Zellner's June 7th motion for post-conviction relief:

Investigators withheld the Zipperer voicemail CD which contained favorable and exculpatory evidence for Mr. Avery

The CD of Ms. Halbach's voicemail recording on the Zipperer answering machine was never turned over to trial defense counsel and has allegedly disappeared. Current post-conviction counsel, through their investigators, sent a FOIA request for the CD, and neither Manitowoc nor Calumet Counties claimed to have possession of the voicemail CD.

Furthermore, although trial defense counsel's discovery requests would have encompassed the CD, it was never turned over by Mr. Kratz in discovery. Mr. Fallon confirmed in a letter to current post-conviction counsel on April 20, 2017, that neither Calumet nor the Manitowoc Sheriffs Departments have been able to locate the CD of Ms. Halbach's voicemail left on the Zipperer answering machine.

Suspiciously, Mr. Kratz never played the recording of the 2:12 p.m. voicemail for the jury. It is reasonable to conclude that Mr. Kratz concealed the 2:12 p.m. voicemail because it confirmed that the Zipperers' residence was Ms. Halbach's last stop.

Corroboration of this assertion is found in a recorded conversation between Inv. Wiegert and Det. Remiker on November 5, 2005, about the sequence of Ms. Halbach's appointments on October 31, 2005. In that conversation, which occurred after interviews with Mr. Schmitz, Mr. Avery, and Mr. Zipperer, they concluded that Ms. Halbach's first appointment was with Mr. Schmitz, her second appointment was with the Averys, and her third appointment was with the Zipperers. 

THE LAST CALL VERSUS THE LAST PING

Teresa Halbach's last call to register with a cell tower was at 2:41:59 p.m. on October 31, 2005.

From Kathleen Zellner's August 2016 motion for post conviction testing:

“Ms. Halbach had an appointment to take photos of vehicles at the Avery salvage yard for the magazine on October 31, 2005. Ms. Halbach disappeared after she completed her assignment and left the Avery salvage yard. Her last call forwarded message at 2:41 p.m., occurred when her cellphone was still powered on and registered. That call pinged off the Whitelaw Tower, which was approximately 13.1 miles from the Avery Salvage Yard.”

The next call was at 4:35:13 p.m. and, by this time, Teresa's cell phone was no longer powered on and registered.

Therefore, the last ping was between 2:42 and 4:35 p.m.

In Zellner's August 26, 2016 motion she doesn't say anything about a "last ping," just a "last call," the 2:41:59 p.m. incoming call. This call was serviced by a tower 13.1 miles away in Whitelaw, WI.

Teresa's cell phone was still powered on and registered when she left Avery's, and her cell phone would have continued to ping cell towers until it was powered off or the battery was dead or removed.

Zellner has been able to determine Teresa's location using cell tower historical data. She says that Teresa was 12 miles from the Avery property on the last ping (Zipperer's is 12 miles from Avery's).

Zellner told Newsweek in late March/early April 2016 that she’ll argue Avery’s conviction should be overturned because of ineffective assistance of counsel, arguing that lawyers Dean Strang and Jerry Buting bungled Avery’s defense by not arguing that Teresa’s cellphone records show she left Avery’s property alive:

“It’s absolutely shocking to see cellphone records that were part of the discovery that were turned over to the defense...document her route leaving the property. She goes back the same way she came, she’s 12 miles from the property on the last ping. They screwed it up.

“It’s really hard to figure out how in the world did the defense not seize on this. It would have created reasonable doubt.” 

Zellner knows which tower was the last to be pinged and at what time that occurred because she has cell tower historical data as part of discovery materials (plus, she may have acquired historical data from other cell towers not part of discovery materials).

From Zellner's twitter account on April 9, 2016:

“Cellphone tower records of SA & TH provide airtight alibi for him. She left property he didn’t.”

Mark Herried, who claims to have been in a chat room with Teresa on October 30th, said "the person he was chatting with stated that friends of her told her not to hang around Avery's but she thought Steven was a nice guy."

THE FOLLOWING TIMELINE IS BASED ON A THEORY DEVELOPED PRIOR TO THE FILING OF ZELLNER'S POST-CONVICTION PETITION ON JUNE 7, 2017



On March 8, 2017, CASO released the video of Avery's November 9th interrogation by Fassbender and Wiegert. The following is based on reddit user bennybaku's observations of that interrogation.

Weigert asked Avery if he called Teresa. Avery said, "Yes, two or three times." From Avery's cell records entered into evidence, we know he called Teresa three times. Wiegert twisted Avery's words when he wrote in his report that Avery called Teresa three times, "including once after she left." Avery called her three times, once before she got there and twice after she left.

Avery first attempt to call Teresa was at 2:24 p.m. He told Fassbender and Wiegert that he called Teresa and "then she just showed up!" Avery said when he saw Teresa she was already taking pictures of Barb Janda's minivan.

Avery told Fassbender and Wiegert that he called Teresa the first time (the 2:24 p.m. call) because he was wondering when she would arrive (in the voicemail she left on Barb Janda's machine, Teresa said she would be there "around 2 o'clock or a little longer").

As Teresa was taking pictures, Avery grabbed the cash and the description for the ad and met her outside, by the vehicles (Teresa was parked in front of the minivan, at the entrance to Janda's horseshoe driveway). Avery walked with Teresa to her RAV4. As she sat in her driver's seat, she handed him a copy of AutoTrader magazine. Avery took the magazine, Teresa shut her driver's door, and Avery walked away, toward his trailer, to put the magazine inside.

Avery told O'Neill in his November 5th interview that he didn't see Teresa with a cell phone, which means he left her vehicle and was on his way to his trailer before her phone started ringing at 2:27 p.m.

Because Teresa answered an incoming call at 2:27:16, the transaction with Avery had to have been pretty fast. This supports Avery's story that the transaction was no more than five minutes. He said there was no small talk, just hi and good-bye. He told Fassbender and Wiegert that this is how all the appointments went, quick, and just hi and good-bye.

Teresa was in her vehicle when she answered the 2:27:16 call. The phone call lasted 4 minutes and 45 seconds (the call ended at 2:32:01). As she was sitting in her vehicle, talking on her phone, Bobby Dassey came outside and got in his truck, which was parked beside his mother's garage. Because he was parked on the other side of the property, he didn't notice Teresa, only her vehicle, as he left.

Teresa was parked in front of the mininvan that Barb Janda was selling (in the drawing below that Avery made for O'Neill on November 6th, Teresa's vehicle is marked "Grn SUV"), which is why Bobby wouldn't have seen that she was inside her vehicle (Bobby was parked by Barb's garage, and Teresa probably was parked facing Avery's trailer, not Barb's home or garage).

Avery said he came back outside maybe five minutes after Teresa handed him the magazine. When he came outside, he saw that Bobby was gone and that Teresa was at the end of Avery Road, signalling to turn left onto highway 147 (he told O'Neill in Marinette County on November 5th: "the field, that's all cut down, so you can see the highway").

Avery made a second call to Teresa at 2:35 p.m., which means she had to have left by then. Avery was calling her to ask her to return for a second shot of a front-end loader. Teresa didn't answer, and Avery hung up before he got her voicemail. The call was so short, it didn't even ring on Teresa's end. The call wasn't listed on Teresa's Cingular bill, maybe because she didn't have a signal and the call couldn't come through to her phone (Ryan Hillegas said in his pre-trial testimony that the coverage was spotty in the area and, because of this, his calls consistently dropped).


Avery drew the picture above, showing that Teresa parked her RAV4 (labelled "Grn SUV") in front of Barb Janda's minivan.


Teresa parked in front of Barb Janda's minivan, facing Avery's trailer. The windows of her RAV4 are tinted, which would help to explain why Bobby did not see her in the vehicle from behind (he was parked 80 feet away, near Barb's garage).


Avery could see Teresa signalling to turn left from Avery Road onto highway 147 because the field had been cut.

If Teresa arrived at Avery's at 2:24 p.m., she couldn't have been at Zipperer's before Avery's.

It would have taken 13-15 minutes to get from Zipperer's to Avery's. We know Teresa wasn't at Zipperer's before 2:14 p.m. We know this because she called Zipperer at 2:12:19 and then checked her voicemail at 2:13:36, which lasted 37 seconds. So the earliest she could have arrived at Zipperer's was 2:15 p.m. If Teresa arrived at Zipperer's at 2:15 p.m. and met JoEllen in the backyard, where she was raking leaves in her garden, she would have been there for at least five minutes (JoEllen said she was there 10-15 minutes). JoEllen said she showed Teresa how to get to the Firebird and that Teresa gave her a packet of materials (Teresa would have had to explain to JoEllen how to authorize the ad, that they would need to call her or AutoTrader and make payment). Therefore, the earliest Teresa would have left Zipperer's would have been 2:20 p.m., and the earliest she would have arrived at Avery's after driving from Zipperer's would have been 2:33 p.m. However, Teresa arrived at Avery's almost 10 minutes before this, at 2:24 p.m.

Teresa left Avery Road by 2:32 p.m. Ten minutes after leaving Avery Road, at 2:41:59, Teresa's last call forwarded message. If Teresa headed south toward Zipperer's after leaving Avery's, at 2:41:59 she would have been in the area of Kingsbridge/Francis Creek, WI. This area is about six miles from Avery's. Zellner said Teresa was 12 miles, not six miles, from Avery's at the last ping; therefore the last call at 2:41:59 could not have also been the ping.

It is a 15-minute drive from Avery's to Zipperer's via County Road Q; therefore, the earliest Teresa could have arrived at Zipperer's was 2:49 p.m.




Brendan Dassey drew the picture above of his home during his "self interview" by O'Kelly.

SUMMARY OF TIMELINE SPECULATION (THIS TIMELINE IS NOT ACCURATE BASED ON THE MOTION FILED BY ZELLNER ON JUNE 7, 2017; SEE UPDATE AT TOP OF POST)

2:21-2:23 p.m., Avery looks outside and doesn't see Teresa, so he gets his cell phone to call her (his service provider is Cellcom; Teresa's service provider is Cingular).

2:24 p.m., Bobby hears a vehicle, looks outside and sees Teresa coming down the driveway. Blaine said the dogs would bark whenever a vehicle approached their home, so this would have awakened Bobby if he already wasn't awake (Avery said he saw and talked to Bobby around noon, so Bobby showered sometime between noon and 2:23 p.m., not after he saw Teresa). 

2:24 p.m., as Avery is trying to call Teresa's cell phone from his cell phone, Teresa pulls in front of Barb's minivan, parks her RAV4 (but leaves it running), gets out of her vehicle, and snaps two pictures of the minivan.

2:24 p.m., Bobby, from the kitchen window, watches Teresa take two pictures and then walk as if she is heading toward Avery's trailer. Bobby goes to get his jacket and bow (he said it took him about three or four minutes to get his jacket and bow and go out to his truck).

2:24 p.m., Avery sees Teresa taking pictures, so he grabs the description he wrote for the ad and the cash to pay for the ad.  

2:25-2:26 p.m., Avery leaves his trailer and meets Teresa by the minivan.

2:25-2:26 p.m., Teresa walks with Avery to her RAV4 (which she left running because the appointments at Avery's take less than five minutes), gets in the driver's seat, and hands him an AutoTrader magazine.

2:26-2:27 p.m., Teresa shuts her driver's door; Avery walks back to his trailer and goes inside to drop off the magazine.

2:27 p.m. Teresa, still parked in front of Barb's minivan with her RAV4's engine running, answers an incoming call. Because of the sporadic cell coverage in the area, Teresa may have sat in Avery's driveway for the entire length of this nearly five-minute phone call. According to locals who posted on reddit, during the time period that Teresa went missing there were dead zones of coverage in the area around Avery's, and coverage would cut in and out even on I-43 going north toward Green Bay.

2:28 p.m., Bobby comes outside, sees Teresa's vehicle is still parked in front of Barb's minivan but doesn't see Teresa inside (he is parked on the other side of the property from where Teresa is parked, and Teresa's RAV4, with tinted windows, is facing Avery's home, not Barb's home or garage). Dedering wrote that Bobby's "vantage point of Teresa's vehicle was from his mother's mobile home, which he estimated to be approximately 60 yards away from where the van is parked."

2:28-2:30 p.m., Teresa talks on the phone before driving away (the call lasts 4 minutes and 45 seconds).

2:28-2:30 p.m., Bobby drives down the unpaved shared driveway, turns left onto Avery Road, and then turns right onto highway 147.

2:30-2:32 p.m., Teresa drives down the unpaved shared driveway, turns left onto Avery Road, and then turns left onto highway 147. Her phone call ends at 2:32:01 p.m., as she is turning left onto highway 147.

2:31 p.m., Delores Avery, whose home is very near the mailboxes, drives her golf cart to get the mail, which is delivered between noon and 2 p.m., per Avery's November 5th interview with O'Neill (Avery's mail is delivered to his parents' address). Teresa already has driven past the mailboxes and is approaching the intersection of Avery Road and highway 147.

2:32 p.m., Avery comes back outside and sees Teresa signalling to turn left from Avery Road onto highway 147. He also sees that Bobby's truck is gone.

2:32-2:35 p.m., Delores drives her golf cart over to Avery, who is still outside, and gives him his mail. They talk for a couple of minutes about the ad Barb is putting in AutoTrader for the minivan. Delores mentions that they want to sell a front-end loader.

2:35 p.m., Avery calls Teresa to see if she can come back to take pictures of the front-end loader. Teresa doesn't answer so he hangs up (the service for Teresa's phone could be spotty at at this point, meaning the call isn't being serviced by a Cingular tower, which is why it isn't listed on her Cingular bill but is listed on Avery's Cellcom bill).



Click here for an explanation of cell towers that serviced Teresa's phone on October 31st.

EXCERPT FROM AVERY'S NOVEMBER 6TH INTERVIEW WITH MARINETTE COUNTY DETECTIVE O'NEILL

O’NEILL:
I asked you about describing what she was wearing that day. Do you remember at all, again? Did you think about that?
AVERY:
I can't remember what she was wearing.
O’NEILL:
Ok. And you didn't have any conversation with her other than—
AVERY:
No. We never do.
O’NEILL:
Did she ask you how much you wanted for your vehicle and stuff like that?
AVERY:
No, no.
O’NEILL:
How does she get that information?
AVERY:
Well, got it on a piece of paper.
O’NEILL:
Who gave her a piece of paper?
AVERY:
I did.
O’NEILL:
Ok. You didn't tell me that yesterday. So, she's there, she's outside taking pictures, you said, right away.
AVERY:
Yeah.
O’NEILL:
You go outside. what do you have with you that you're bringing to her?
AVERY:
That's the piece of paper with the money. 'Cause, see the money's—put it in a piece of paper.
O’NEILL:
And, and you did that.
AVERY:
Yeah.
O’NEILL:
Who wrote up the piece of paper?
AVERY:
I did.
O’NEILL:
Did you do it inside the house before she came?
AVERY:
Oh that was done, I don't know, maybe Saturday.
O’NEILL:
Who did that?
AVERY:
I did that.
O’NEILL:
Ok. what'd it say on this paper?
AVERY:
Uh, "For Sale. 1989 Dodge Van. Make an Offer." And it had the phone numbers.
O’NEILL:
Ok. And you had the money in there and everything else, you gave it to her?
AVERY:
Yeah. I would have my—her number, and my cellphone number.
O’NEILL:
Ok. As far as what she was wearing, I mean, if you could just close your eyes and think about it, you know, could you think about what she was possibly wearing?
AVERY:
I don't know.
O’NEILL:
Ok. And then you gave her the money while she's getting you the book, or do you give it to her right away, or?
AVERY:
I gave it to her right away.
O’NEILL:
When she's taking the pictures.
AVERY:
Yeah.
O’NEILL:
How do you get to the point of going from the van where she's taking the picture to her vehicle for the book.
AVERY:
I walk.
O’NEILL:
She tell you that—you ask her for a book?
AVERY:
No. She said, uh, "I got the book in the truck."
O’NEILL:
Ok. And every time that she comes she gives you a book?
AVERY:
Yeah, yeah.
O’NEILL:
So then you follow her towards the truck?
AVERY:
Yeah.
O’NEILL:
What happens next?
AVERY:
Well, she gives me the book.
O’NEILL:
She opens the door up?
AVERY:
Yeah.
O’NEILL:
Ok. She get inside, or she just reach inside?
AVERY:
No, she opened the door. She got in. Then she reached over.
O’NEILL:
So she closed the door?
AVERY:
No.
O’NEILL:
She leaves the door open.
AVERY:
The door's open.
O’NEILL:
She sit down inside?
AVERY:
Yeah.
O’NEILL:
She reaches over to where to get the book?
AVERY:
Yeah, the passenger side.
O’NEILL:
And then she just hand it out to you?
AVERY:
Yeah.
O’NEILL:
Does she—then she, does she get back out of the truck again?
AVERY:
No, no.
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.

EXCERPT FROM AVERY'S NOVEMBER 5TH INTERVIEW WITH MARINETTE COUNTY DETECTIVE O'NEILL

AVERY:
...two and three o'clock. Most of the time.
O’NEILL:
Ok.
AVERY:
But, it might be—I think one time she came at three o'clock.
O’NEILL:
So, about how many times have you had to deal with this Auto Trader and people come to take pictures and you having to be there?
AVERY:
Maybe 15 times.
O’NEILL:
Ok. So going back to Monday, did your sister say someone's coming?
AVERY:
Yeah, I set it up for her.
O’NEILL:
You set it up?
AVERY:
Yeah.
O’NEILL:
You called up Auto Trader?
AVERY:
Yeah.
O’NEILL:
And, and what time were they supposed to come?
AVERY:
Well, they told me—when I called them up it was Monday morning. And they said, "uh, she don't know about today, or next week Monday."
O’NEILL:
Mm-hmm.
AVERY:
Or something. I don't know if she called me back or not. Or I called them back. I think maybe I called. I called back and asked her if she knew.
O’NEILL:
Mm-hmm.
AVERY:
And she said "yeah, she should be out there today."
O’NEILL:
Ok. Where'd they come from, do you know?
AVERY:
I don't know.
O’NEILL:
Ok. So a lady shows up—what time does she show up, do you think?
AVERY:
It was like I told them down there, between two and two-thirty.
O’NEILL:
So, she shows up in what kind of vehicle?
AVERY:
SUV. It's always the same one.
O’NEILL:
What color?
AVERY:
Green.
O’NEILL:
Was it a—do you know what make and model or anything, or?
AVERY:
At the time, no I didn't know. I didn't know if it was a Toyota. I wasn't paying attention.
O’NEILL:
Ok. So a green SUV. She shows up, she comes to where?
AVERY:
To—by the van.
O’NEILL:
And where's the van at?
AVERY:
Umm. Right in here.
O’NEILL:
Ok. So the van is here. And this is what she's interested in, right?
AVERY:
Yeah.
O’NEILL:
And that's, uh, Auto Trader?
AVERY:
Yeah.
O’NEILL:
So you meet her there, right?
AVERY:
Yeah—when she took a picture and she writes down, you know, all the serial numbers.
O’NEILL:
Ok. And you're there watching her do these things.
AVERY:
Well I was in the house and then I come out.
O’NEILL:
Ok. You came out when she's doing this.
AVERY:
Yeah. Because she gets the money.
O’NEILL:
Ok.
AVERY:
Yeah.
O’NEILL:
What kind of money she get?
AVERY:
She gets 40 dollars.
O’NEILL:
And that's for the—
AVERY:
That putting that ad.
O’NEILL:
Putting in the ad.
AVERY:
Yeah.
O’NEILL:
So, you say anything to her? Have any conversation, or? She give you a receipt, or?
AVERY:
No, just "hi." Well, most of the time I get a receipt, but, what'd I need that for.
O’NEILL:
Ok.
AVERY:
They're—I never had no problems with them.
O’NEILL:
So, out of 15 times—
AVERY:
Uh, but she gave me a book.
O’NEILL:
Pardon?
AVERY:
She gave me the—
O’NEILL:
Auto Trader book?
AVERY:
Yeah. She always gives me that.
O’NEILL:
So out the 15 times that you may had been involved with the pictures being taken and so forth—this time you did not get a receipt?
AVERY:
Well, I think the last two times.
O’NEILL:
No receipt.
AVERY:
No.
O’NEILL:
Ok.
So she takes her pictures, you give her 40 bucks.
AVERY:
Yeah.
O’NEILL:
Two twenties, or?
AVERY:
Hmm. I think it was one twenty, a ten, I think two fives.
O’NEILL:
What's this girl's name?
AVERY:
Teresa, or something.
O’NEILL:
Ok.
Did you know that beforehand, or only right now?
AVERY:
Yeah. I knew—and once I heard it, you know, I always, then I always know it.
O’NEILL:
Ok. So what kind of conversation did you have about anything?
AVERY:
Mmm. "Hi," and that's about it.
O’NEILL:
Gave her the 40 bucks, she gave you an Auto Trader magazine.
AVERY:
Yeah.
O’NEILL:
Ok. And then, she—AVERY:
Oh, she went to the car and got me that.
O’NEILL:
Ok. How long was she there, maybe?
AVERY:
No more than five minutes.
O’NEILL:
Ok.
AVERY:
She — that's almost all the time — what in five minutes.
O’NEILL:
Does she have any phone calls, or anything? She have a cellphone or anything like that, or?
AVERY:
Uh, no.
O’NEILL:
Did she seem distressed about anything? She seem like she had—
AVERY:
Normal, just like the other times.
O’NEILL:
Seem like she had any other place to go that she mentioned, about having to go anyplace else?
AVERY:
No. No, that's never—
O’NEILL:
Mention about where she came from, or?
AVERY:
No.
O’NEILL:
Did she go inside the van and look around?
AVERY:
No.
O’NEILL:
Ok.
AVERY:
No. She just takes pictures and that's it.
O’NEILL:
Did she go in the bathroom or anything?
AVERY:
No. Mm-mmm.
O’NEILL:
Did she seem like she was out of sorts or anything to you?
AVERY:
No, the same thing since the first time she came out.
O’NEILL:
Ok. Previous to that Halloween, when was the last time that you saw her? Taking a guess.
AVERY:
I put my, uh, my uh Grand Prix in there—my Grand Prix.
O’NEILL:
And when was that?
AVERY:
That was—week, two, three weeks. One of them.
O’NEILL:
Ok. So, this is between two and two thirty, right?
AVERY:
Yeah.
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.

EXCERPT FROM AVERY'S NOVEMBER 5TH INTERVIEW WITH MARINETTE COUNTY DETECTIVE O'NEILL

AVERY:
I went out there and there's a cop right out by the door. And they said, "well, was uh, Teresa here for Auto Trader?" And I told them "Yeah."
O’NEILL:
Monday?
AVERY:
Yeah.
O’NEILL:
Ok.
AVERY:
And, I don't know, he said that she was missing or they were looking, or something. Wondered what time she was here. And what time she was there. And then I told 'em between two and two thirty. Because the—it was a little while after that my mom came down with my mail.
O’NEILL:
Mm-hmm. And your mail comes at a specific time?
AVERY:
Well, when she goes up and gets it. When she got time to get it.
O’NEILL:
Mm-hmm.
AVERY:
And if I got mail then she brings it down.
O’NEILL:
And what time's your mail usually come?
AVERY:
Between twelve and two.
O’NEILL:
Do you wear a watch?
AVERY:
No.
O’NEILL:
No?
AVERY:
Cellphone.

EXCERPT FROM AVERY'S NOVEMBER 6TH INTERVIEW WITH MARINETTE COUNTY DETECTIVE O'NEILL AND DCI AGENT SKORLINKSI

O’NEILL:
Ok. Now, Kim has some other questions that he wants to ask you and him and I've been talking and he's got probably more questions than I do because he's trying to fill in some stuff as well, so. Uh, he's going to ask you some things.
SKORLINSKI:
Steve, after she left, what did you do? What do—you know, if you can remember, in the afternoon?
AVERY:
Well I went—I put the book in the house by the computer, and then I uh, I walked by my sister's and to see if Bobby was home yet. But he just left.
SKORLINSKI:
And what sister is that?
AVERY:
Barbara.
SKORLINSKI:
Was she home?
AVERY:
No. She was at work.
SKORLINSKI:
And Bobby had just left?
AVERY:
Yeah.
SKORLINSKI:
Ok. Did you go in her house?
AVERY:
No.
SKORLINSKI:
Ok. And what'd you do after that?
AVERY:
Then I went back home.
SKORLINSKI:
And did you—and how long did you stay at your house?
AVERY:
Quite a while. Then my ma came down a little while after that.
SKORLINSKI:
Are we, are we to the supper hour yet on Monday?
AVERY:
No, no.
SKORLINSKI:
Ok. Still in the afternoon?
AVERY:
Yeah.
SKORLINSKI:
Ok. Do you know—do you remember what you were doing, in your house?
AVERY:
Probably listened to the stereo.
SKORLINSKI:
Ok. And then your mom came over?
AVERY:
Yeah, with my mail.
SKORLINSKI:
Do you remember what time that was?
AVERY:
It was just, probably just a little while after she left, she came down.
SKORLINSKI:
After, after Teresa left?
AVERY:
Yeah.
SKORLINSKI:
Not too long after—
AVERY:
No, not too long.
SKORLINSKI:
How long did your mom stay? She brought your mail.
AVERY:
Yeah, she brought my mail. She stayed, I don't know, five minutes, somewhere in there. I don't know, I don't, can't remember.
SKORLINSKI:
And then, and then you were home in the afternoon?
AVERY:
Yeah.
SKORLINSKI:
Did you go anywhere else?
AVERY:
No. 

RYAN HILLEGAS' PRE-TRIAL TESTIMONY ABOUT HIS CELL COVERAGE AROUND AVERY SALVAGE YARD

I gave Pam -- Pam Sturm, I gave her Jerry Pagel's number that morning.  The cell phone coverage out
in that area is absolutely horrid.  And to get a call out to -- most of the time when I used my phone out there, I only had 30 seconds or a minute to talk before your phone cut off on you.

BOBBY DASSEY'S INITIAL STATEMENT

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.

BOBBY DASSEY INTERROGATED AGAIN AFTER BRENDAN'S COERCED CONFESSION - DEDERING'S REPORT OF THE TIME BOBBY SHOWERED CHANGES FROM WHEN HE FIRST WOKE UP AROUND 2 PM UNTIL AFTER HE WATCHES TERESA TAKE PICTURES OF THE VAN; THIS IS THE FIRST MENTION IN CONTACT WITH BOBBY OF A BONFIRE ON 10/31/05

PAGE 518

TYPE OF ACTIVITY: Interview of Bobby Dassey
DATE OF ACTIVITY: 02/27/06
REPORTING OFFICER: Inv. John Dedering
DOCUMENTS GENERATED: None

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 bum 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.

John Dedering, Inv.
Calumet Co. Sheriffs Dept.
JD/ds