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CHILTON Wis. - There were several important developments in Steven Avery's trial Friday, including a mystery letter, concerns over lost evidence and questions about the credibility of the investigation.
Investigator Questioned
Most of Friday was spent questioning the Wisconsin Department of Justice agent who supervised the Avery junkyard crime scene after Halbach's disappearance. Special Agent Tom Fassbender arrived at the junkyard on Nov. 5, after volunteer searchers found Teresa Halbach's SUV hidden on the junkyard grounds.
Fassbender pointed out that when he arrived on the scene, Avery was already considered a "person of interest." The special agent also said that the Manitowoc County Sheriff's Department had turned the case over to Calumet County investigators before he arrived because of Avery's $36 million lawsuit and because of their concerns that it could be a conflict of interest for them to investigate Avery.
He suggested that Halbach's SUV was the most significant piece of evidence in the case at that time - and he insisted law enforcement officers guarded the vehicle to ensure it was not tampered with. However, Avery's attorney, Jerome Buting, asked questions to show that Manitowoc County Sheriff's Department investigators continued to guard the SUV for several hours after their department turned control of the investigation over to Calumet County. That SUV was not opened or "processed" at the junkyard scene. Instead, the SUV was loaded inside a closed trailer and taken to the Wisconsin State Crime Lab in Madison for study, Fassbender said.
There was also testimony from Fassbender about the key to Halbach's SUV that was found in Avery's trailer Tuesday, Nov. 8, 2005. It was not found during any of the first six searches of the trailer. However, on the seventh search, a Manitowoc County Sheriff's Department investigator found it nearly in plain sight. Avery's lawyers have questioned how the key was overlooked in the initial searches and have suggested that it may be proof evidence was planted.
Fassbender disagreed with theories about planting evidence and said that he directed evidence technicians to go back inside the previously searched trailer to conduct a more in-depth search on Nov. 8. There were also concerns about the investigator who found the key. It was discovered by Lt. James Lenk of the Manitowoc County Sheriff's Department, who had just been deposed in Avery's civil lawsuit. Avery's attorneys said they find the circumstances under which the key was found and Lenk's involvement in Avery's civil suit to be reasons for suspicion about the SUV key evidence.
Lt. Lenk also came up in connection with shell casings found in Avery's garage. Lenk was part of a group of investigators that searched the garage in November of 2005. But in March of 2006, months after his department turned the case over to Calumet County investigators, Lenk was back at the garage. Shortly after that visit in March, investigators searched again and found shell casings that may be traceable to Avery's gun. Avery's lawyers also find that suspicious.
Special Agent Fassbender testified Friday that there were a large number of guns in different areas of the Avery junkyard. He said it took time to collect all the firearms for evidence.
When asked why he allowed Manitowoc County investigators to remain involved with important parts of the search after Calumet County took over the investigation, he told jurors that he did not question the role of Manitowoc County deputies at the scene because he believed they were professional and "did a good job."
Lost Evidence?
Defense Attorney Jerome Buting raised a serious issue about one of the burn barrels after the jury left the courtroom for lunch. He told Judge Patrick Willis that a "reliable source" told Avery's lawyers there is a problem with one of the evidence burn barrels.
Buting indicated that he was told the evidence was "lost" at some point in time.
Typically, investigators maintain a "chain of custody" of crime scene evidence. Attorney Buting said he believed that chain of custody was broken with one of the burn barrels. District Attorney Ken Kratz refused to comment on the chain of custody for the burn barrels after court Friday. The attorneys agreed to deal with the possible loss of evidence at a future time.
Mystery Letter Surfaces
Avery's attorney also introduced a "mystery letter" written by someone who wanted to give investigators inside information about the murder. The letter was apparently written to a sheriff and was found at the Green Bay Post Office.
In the letter, an anonymous tipster urges investigators to look at the Avery junkyard smelter and suggests that is where Halbach's body was burned. The smelter is a high-temperature propane device that melts down transmissions for their aluminum.
Special Agent Fassbender told jurors that arson investigators did, in fact, look at the smelter and determined that it was not used around the time of the murder. However, the forensic anthropologist who is investigating charred bone fragments found at other locations at the junkyard did not look at the smelter. The smelter is likely to become an issue in future testimony.
Canine Smells Halbach Remains
Jurors also heard testimony from the canine handler who used a cadaver dog to look for Halbach's remains at the scene. Julie Cramer told the jury that her dog, named Brutus, strongly indicated the smell of Halbach's remains on her SUV, which was hidden at the junkyard. Cramer said Brutus barked and pawed at the passenger side of that SUV during the search, indicating that the scent was strongest there.
The dog also found the scent of Halbach's remains in Steven Avery's bathroom, and in two burn barrels on the Avery property. That scent of remains in the bathroom could have happened if Halbach used the bathroom and the dog smelled the urine. The dog did not find Halbach's scent anywhere else in Avery's trailer. Julie Cramer said that her cadaver dog found Halbach's scent in two of the burn barrels at the Avery junkyard, but attorneys did not ask any follow up questions about the burn barrels in front of the jury. Cramer would not answer any questions about what the dog found in the burn barrel when asked in the hallway of the courthouse.
Prosecutors will continue questioning their witnesses Monday.
Check back here for updates throughout the day from TODAY'S TMJ4 reporter Mick Trevey, live in Chilton.
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BEFORE THE TRIAL:
