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CHILTON Wis. - The bonfire flames were four or five feet high, according to Steven Avery's nephew, Blaine Dassey. He gave crucial testimony in the case against his uncle. It hinges on proving Avery burned Halbach's remains. Halbach's charred bone fragments were found in a burn pit near Avery's trailer. Blaine Dassey testified Tuesday that he saw a fire burning late at night on Oct. 31, 2005 - the day prosecutors say Teresa Halbach was killed.
Blaine Dassey lived in a trailer near Avery's trailer. Blaine Dassey's brother, Brendan Dassey, is charged as Steven Avery's accomplice in the Halbach murder. Dassey's mother, Barb Janda, is Avery's sister.
The teenager told the jury he saw Avery carry a plastic bag to a burn barrel shortly before 4 p.m. That is when Blaine and Brendan Dassey got off their school bus and walked up their long driveway home. Blaine Dassey was not able to say what was in the bag or what was being burned.
Blaine Dassey said he went home and used his computer after school. Around 5:30, that night, he testified that a friend's mother picked him up to go trick-or-treating. He returned home from trick-or-treating around 11 p.m. and said that is when he witnessed the large fire with four or five feet high flames. Blaine Dassey did confirm that he never heard screaming or any indication that someone was in trouble.
But there may be an inconsistency in Blaine Dassey's testimony. He initially told jurors that Steven Avery was sitting next to the bonfire. But when District Attorney Ken Kratz questioned him again, he said he could not remember for sure if anyone was sitting next to the fire. Blaine Dassey also told investigators he saw Steven Avery sitting by the bonfire that night during an earlier interview. When the statement Blaine gave investigators was brought up, Blaine said he could not recall.
Dassey Aggressively Questioned by Investigators
Blaine Dassey gave jurors insight into the aggressive techniques used by investigators. Avery's attorney asked Dassey, "they were arguing, they raised their voices, they accused you guys of not accepting that Steve was guilty, didn't they?" Dassey answered yes. Blaine Dassey went on to testify that investigators tried to convince him that Avery was guilty.
Cell Phone Records Introduced as Evidence
Workers from both Cingular and Cellcom testified about the cell phone records of Teresa Halbach and Steven Avery. Their testimony showed that Avery called Halbach's voice mail around 4:30 on the afternoon she was allegedly murdered. Prosecutors have not explained how that fits into their time-line of the crime. However, it is believed that Halbach was at the Avery junkyard and may have already been dead at that time.
Also in cell phone records, there is evidence that someone called Teresa Halbach's voice mail on November 2, 2005. That timing is important because Halbach was supposedly murdered on October 31, 2005. She was not reported missing until November 3, 2005. Avery is not known to have had the code to check Halbach's voice mail. Judge Willis asked District Attorney Ken Kratz whether investigators knew who called to check Halbach's messages. Kratz indicated that he did not know. Avery's attorneys raised questions about why investigators did not follow up on the lead.
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:
