Testimony Notes 16 February, 2007
A cadaver dog and handler were brought in to search the salvage yard. The handler testified that the dog alerted on the door of the Toyota RAV and one location in Steven Avery’s bathroom. The fire pit and burn barrel were not included in the search.
The team apparently did not pick as many alerts as one would expect in a salvage yard. The alert the handler testified that was located in Avery’s bathroom could be anything; even mucous from a sneeze.*
This testimony also belies the Brendan Dassey confession that was extracted by lead investigators. According to that confession, there should have been blood evidence in Avery’s bedroom, garage, and yard.
The failure to utilize the team around the burn pit where bones were found is hard to understand. Avery had a dog in that area and that was claimed to be the reason. But, Bobby Dassey testified that the dog was calm. And with all the people on the scene and the ability to bring in specialized help turns the reason into an excuse. This begs the question of whether the bones were present then.
Among others testifying was Special Agent Tom Fassbender who took charge of the search. He tried to justify the use of officers who would be lightning rods for conflict of interest complaints by stating his confidence in their competence. Neither competence nor confidence is a reason to jeopardize an investigation. There are many other investigators who are competent and reliable. The investigation is now tainted no matter what the reality is.**
Fassbender said the focus was on Avery as the last person to see Halbach alive. That is sloppy reasoning. Avery is the last person known the see her alive with the present time line. Investigators need to be more open‑minded rather than rely on mythologies.
*There is no doubt that properly trained handler and dog team can be beneficial. But, without double-blind tests to verify the effectiveness of dog and handler, this is not a totally reliable tool. The handler is the one who has to pick up the dog alerts. Some tests have shown that handlers either missed alerts or misinterpreted the dog’s behavior. The science is not complete on the issues of sniffer dogs.
**Thomas Fassbender was also a participant in extracting a confession from Avery’s nephew, Brendan Dassey. The confession was used to gather evidence, including wall paneling that produced nothing incriminating against Avery or Dassey. The confession incriminated the investigators rather than the suspects.
by Brian McCorkle
in category Steven Avery
