Testimony Notes – 7 March 2007

Arson investigator Special Agent Rod Pevytoe, Wisconsin Department of Justice, testified about his examination of the aluminum smelter and wood fired boiler located in the Avery Salvage yard. He concluded that the units had not been used for the material found in the burn pit and the Janda burn barrel.

He testified the boiler had not been used recently, and the ash characteristic was different from the burn pit. He did not make a report on the smelter, but his examination based on touch and vision was that the smelter was not used.

He and his assistants searched multiple areas and gathered evidence even when the evidence appeared not related.

He believes that the body could have been placed on tires then burned because the bones were entwined with wires from tires. He agreed that the body could have placed under the tires, or the remains could have been mixed among the wires of by placing the remains there. Pevytoe stated that he could not assign time of death or place of death.

He testified that tires can be an accelerant. He also stated that foam rubber from a bench type car seat could burn intensely. A bench seat was found in the area of the burn pit.

Fingerprint examiner Mike Riddle testified about fingerprint evidence. One Steven Avery fingerprint was identified. This print was from the headboard from his own bed.

No fingerprints from Avery were identified on the Toyota. The Marlin rifle was not submitted for fingerprint analysis. Nor were the “plain sight discovery” key or shell casings submitted for examination.

He could not obtain usable prints from the opened evidence containers. He was not given comparison prints from the Manitowoc County Sheriff’s personnel. He was not given comparison prints for Brendan Dassey. He was not given comparison prints for other possible suspects.

A remote witness from Cingular clarified telephone codes for Halbach’s telephone records. Kratz then had to recall Mike Halbach to explain access on 3 November, 2005.

Finished day with Mark Wiegert. Calumet County Investigator Mark Wiegert was one of the coauthors of the Dassey confession. He denied knowledge of the blood vial in the Manitowoc County Clerk of Circuit Courts Office.

He stated that he and Special Agent Fassbender, ran a parallel investigation to determine if evidence planting had occurred. This is a bit like the rooster checking out the hen house.

He also said that he checked a letter found in the Green Bay Post Office that raised doubt over Avery as the perpetrator. But, there was no reason to pursue it further simply because objects identified in allegations had already been checked.

Special Prosecutor Kratz rested the State’s case.