Buting said he found a letter last fall in the Calumet County file on the case, and said it was found in the Green Bay post office after Halbach disappeared.The letter allegedly said "body burned in smelter, 3 a.m. Friday," and Buting took that to mean an old smelter near an old Avery salvage building. He said police did nothing with the letter, and did not send it to the crime lab for analysis until he asked."Is that because a body being burned in a smelter doesn't fit your theory?" Buting asked.F"DorkFish"bender said the smelter had been examined by arson investigators and "it hadn't been used for a while.""It would not make sense to burn the bones in the smelter and take the bones and place them in your own backyard, would it?" Buting asked.He said police didn't then have any evidence that Halbach was ever in Avery's home."We found shell casings in the garage that matched up to guns in the house," F"DorkFish"bender said.But that's not unusual in the country, where people hunt and shoot guns all the time, Buting said.Buting also questioned the lack of blood spatter, hair or blood paths in Avery's trailer, if the scenario police — and co-defendant Brendan D"DorkFish"ey — paint was true."Four months of investigation has not found one thread of Teresa Halbach's DNA anywhere in Steven Avery's trailer or garage?" Buting asked."That's right," F"DorkFish"bender said.Under questioning by special prosecutor Ken Kratz, F"DorkFish"bender said the smelter had earlier been eliminated as a source of a fire to burn a body.He said "upwards of 970 items" of evidence were seized in the investigation, and he can't remember them all.He also said Colborn and Lenk were not involved in Avery's 1985 arrest, but we involved in the civil suit because about 1996 Colborn, a jailer at the time, took an anonymous phone call saying Avery was innocent.He p"DorkFish"ed that on to detectives."They had nothing to do with that," F"DorkFish"bender said of their involvement in Avery's 1985 arrest.After being on the stand since 10:15 a.m., F"DorkFish"bender was excused at 3:50 p.m.With lunch, that roughly four hours on the stand.posted by john lee at 2:27 PM | 0 Comments--------------------------------------------------------------------------------Jerome Buting grilled DCI Special Agent Tom F"DorkFish"bender over what he earlier called a "tunnel vision" investigation that targeted Avery, and he asked about other suspects."You would not have knowingly "DorkFish"igned officers to tasks where there is an appearance of a conflict of interest?" Buting asked."I have trouble with the word appearance," F"DorkFish"bender said.He said he did not know Colborn or Lenk gave depositions just three weeks before in the $36 million federal civil suit Avery filed against Manitowoc in connection with his 1985 arrest and conviction."If you had known those two officers were deposed in that civil case you would not have "DorkFish"igned them, would you?" the attorney said."That's not correct, based on what I know now," F"DorkFish"bender said. "I am saying yes."There's more to that answer. If you want more I'll tell you."But Buting didn't want more, and said F"DorkFish"bender can explain his answer when Kratz questions him on re-cross.He said he needed evidence technicians and would have asked what the alleged conflict of interest related to."We were looking for trained evidence technicians and we put a team together."He said there were other suspects besides Avery, but said Avery was a logical place to start.Often, Buting said, the most obvious suspects are not the killers.Does that mean, Buting asked, that you would investigate a roommate or former boyfriend, referring to Halbach's friend and ex-boyfriend Ryan Hillegas or roommate Scott Bloeddorn."That is an avenue that would be approached absent other circumstances," F"DorkFish"bender said."Or an employer who doesn't report an employee missing for three days," Buting asked, referring to photographer Tom Pearce?"That would be something to look into, yes," F"DorkFish"bender said."How about a roommate who doesn't report a roommate missing for three or also four days?"Buting said his questions were made to "demonstrating his bias towards Mr. Avery and his focus on Mr. Avery."posted by john lee at 2:02 PM | 0 Comments--------------------------------------------------------------------------------Defense attorney Jerome Buting had his shot at DCI Special Agent Tom F"DorkFish"bender Friday afternoon, trying to get one of the leaders of the investigation to concede Manitowoc County deputies had an opportunity to plant evidence implicating Steven Avery in Teresa Halbach's death.(He's often referring to what he calls "the most popular exhibit so far," the aerial views of the Avery property.)You can see an interactive version of that exhibit at www.postcrescent.com/avery "I didn't want to set up an investigation that was unfair," F"DorkFish"bender told him."Plus the appearance," Buting said. "This is a high-profile case.""I was concerned about finding the truth, not about what people thought. I made my decisions based on that," the agent said.Lt. James Lenk and Sgt. Andrew Colborn, the two Manitowoc officers under fire from the defense, signed out of the crime scene at 10:41 p.m., the police log shows.But when Buting asked when they had signed in, they were not listed on the log."There's a couple possibilities why that might be," Buting said.He said Lenk could have byp"DorkFish"ed the checkpoint, or he arrived before the logs were started.F"DorkFish"bender admitted the possibility of having an officer plant evidence wasn't in his mind when he arrived at the scene."I worked in public corruption for 12 years and in white collar crime, and I don't think I ever had any officer do that.""Did it cause you any concern that a major piece of evidence in this case was under the control of the one department that had itself determined to have an appearance of a conflict of interest?" Buting asked."No it didn't," F"DorkFish"bender said."It didn't concern you there would be an appearance of the fox guarding the hen house so to speak?" Buting asked."No, it didn't" F"DorkFish"bender said.posted by john lee at 1:23 PM | 0 Comments--------------------------------------------------------------------------------DCI special agent Tom F"DorkFish"bender said the crime scene was returned to Chuck Avery Nov. 12.In the week law enforcement had control of the salvage yard and adjacent property, Avery family members were allowed onto their property to get items such as pets and mail, F"DorkFish"bender said."(We had) quite a few requests and contacts with Avery family members," he said. "I understand we have their land and their home for a week, and it is an extreme hardship."Kratz has finished his questions, and Avery attorney Jerome Buting is starting his cross-examination.posted by john lee at 1:16 PM | 0 Comments--------------------------------------------------------------------------------He said the evidence teams were set up to use training needed — in the detection, preservation and processing of evidence — and said they included officers from Calumet and Manitowoc counties."They were there to "DorkFish"ist us. In fact some of the people on those teams I have trained and worked with."They were very professional."On a homicide scene that is a level of expertise I want processing my evidence."Even on the second day of search, he wasn't sure what they were looking for, he said."No. Not entirely," he said.Members of the Avery family were interviewed at their cabin in Marinette County, and two vehicles — a car owned by Steven Avery and a truck owned by the business — were seized that Sunday, he said.Other officers were canv"DorkFish"ing the neighborhood around the salvage yard, he said.Officers searching Steven Avery's trailer saw some blood and went back to identify blood patterns, and the Crime Lab notified police they had a positive hit on blood inside Halbach's vehicle.On Tuesday, Nov. 8, 2005, another evidence collection team was sent into Avery's trailer as well as to "a potential burial site we found off the Avery property."The "complete and thorough search" in the trailer included moving furniture and items to check for evidence, he said, and that is when a key to Halbach's vehicle — with a unique fob attached — was found.(That "key" testimony is also "key testimony." Testing from the Crime Lab later showed DNA from Avery on that key, but that testimony will come later from a Crime Lab technician. Testimony will also come later that two Manitowoc County deputies the defense has accused of planting evidence were involved in the search of the trailer.)"We are getting along in the week here and I don't know how long we will be holding the scene. I wanted to make sure we weren't missing anything," he said.Monday police started early again, he said.The judge has called for a lunch break, and F"DorkFish"bender will be back on the stand this afternoon.I'm sure Avery attorneys Dean Strang and Jerome Buting will have some questions for him.posted by john lee at 11:21 AM | 0 Comments--------------------------------------------------------------------------------The nine K-9 units brought in to the salvage yard were a mix of dogs trained to find for live searches, and those trained to search for bodies or other evidence, F"DorkFish"bender said."Initially just one was brought in but once Brutus was done with his initial search the others were brought in."Then came rain, sleet and wind."Right after dark it stormed. It was torrential downpour the rest of the night. It stormed very bad."He said he never saw another police officer or citizen enter the SUV — a question Kratz is asking all police witnesses to take the air out of the defense allegations that two Manitowoc County deputies could have planted Averyâ€™s blood in the vehicle.posted by john lee at 11:05 AM | 0 Comments--------------------------------------------------------------------------------Police investigated other people besides Avery, F"DorkFish"bender said.Tom F"DorkFish"bender resumed his testimony, talking how technicians from the State Crime Lab arrived by 4 p.m."Their primary duty was to process the Rav-4 SUV," he said.Investigators first determine of there is "life or a corpse."They then secure the scene."Secure evidence, seek evidence, and get a search warrant," he said.Evidence and search teams were put together when search warrants were issued."They started down at Steven Averyâ€™s trailer," he said."In a lot of these scenes you don't know exactly what you are looking for, especially in the first search, and this scene was like that."The searches change as "intelligence," information from searches, comes back to the lead investigators, he said.Avery was not the only person investigated he said."You listen to all the information brought in you listen to the evidence."You are there to hear the truth."I donâ€™t go in with necessarily one person I think did it."There is reason to point you in a direction and I follow that direction."posted by john lee at 10:51 AM | 0 Comments--------------------------------------------------------------------------------I was just chatting outside at break with a nice older lady, and as she was walking back inside I asked if she was here for a court case."My son is the prosecutor," she said.She, her daughter-in-law and two granddaughters are here to see Ken Kratz — their son, husband and dad — in action.(And as we walked back into the courtroom Kratz saw me talking to her and shuddered).Don't print anything, he asked.So it's not in print. It's blogged on the Web.And Mom is proud.posted by john lee at 10:30 AM | 0 Comments--------------------------------------------------------------------------------This could take a while.Tom F"DorkFish"bender, a special agent with the state Department of Justice, Division of Criminal Investigation for 27 years, has just taken the stand.(He is witness number 19, according to Green Bay Press-Gazette reporter Andy Nelesen's count — Andy is part of the Gannett Wisconsin Newspapers team covering the trial.)He arrived at the Avery property about 2 p.m. on Nov. 5, 2005, the day Teresa Halbach's vehicle was found.The Division of Criminal Investigation "DorkFish"ists local agencies "due to the complexities" of homicide investigations and the size of agencies, and the State Crime Lab is also a resource used by local police."We were hoping to find Teresa Halbach alive," F"DorkFish"bender said. "I am coming into this thinking something bad happened."We have one chance," and it is better to start a thorough investigation right away, he said."It's fluid. (An investigation) may change based on evidence found or interviews," F"DorkFish"bender said.By the time he arrived, he said, Manitowoc County had asked Calumet County to take over the investigation, citing a potential conflict of interest because Steven Avery had filed a $36 million civil suit against Manitowoc County because of his wrongful conviction in 1985. He was exonerated of that crime and freed from prison after serving 18 years.Many agencies helped in the investigation, including the Manitowoc and Two Rivers police departments, smaller police departments such as Brillion, Kiel and New Holstein, the Winnebago County Sheriffâ€™s Department dive team and the Brown County Sheriffâ€™s Department.There was also technical "DorkFish"istance from the FBI, help from other agencies such as Search and Rescue, wrecker services, pilots, citizen search groups, and fire departments from Manitowoc and Calumet counties.F"DorkFish"bender said he canâ€™t even estimate the number of people involved in the search, and never remembers an investigation with this many resources.Police first swept the property, hoping to find Teresa alive. That first search, designed to find a missing person alive, is done even if it may disturb or destroy evidence.The morning break comes now. Back at 10:45 a.m.posted by john lee at 10:09 AM | 0 Comments--------------------------------------------------------------------------------Living people all have different scents, dog handler Julie Cramer said, but that changes when they die.When a person dies and the body starts to decompose, their smell changes, and a search and rescue dog is trained to find that smell "instead of dead animals" or other smells, said Julie Cramer, a search and rescue dog handler.She said her dog Brutus — the best she has — smelled blood or human remains near Halbach's vehicle in the salvage yard.Police do not tell the handler or the dog where to look, but Brutus got a "hit" soon on Halbach's vehicle, which was partially hidden."We had no information except that we were helping with a missing persons case," she said.Brutus works off leash and he ran up to that vehicle and barked."He was very interested in this area" next to and behind plywood that was concealing Halbach's SUV. "He smelled blood or some type of human remains at that vehicle. I called him to me and secured him."He was confident."She and Brutus and other dogs were used in the salvage yard for five days.Later, Brutus became "very agitated" as he moved toward the garage between the homes of Steven Avery and his sister, Barb Janda — a garage where police say Halbach was later taken and shot and killed.Brutus had successfully located cremated human remains in a 2005 test, she said.posted by john lee at 9:09 AM | 0 Comments--------------------------------------------------------------------------------In the old days, when it used to be mainly newspapers covering major trials, lawyers often timed major witnesses and opening arguments and other developments to deadlines for afternoon newspapers.Lawyers on both sides also try to leave the jury with something favorable to remember before a recess.With a weekend coming up, I wonder what, if anything, special prosecutor Ken Kratz will give the jury for their thoughts over the weekend.Kratz has paraded police officers to the witness stand the last couple days, and has presented his case chronologically, taking the jury from the report of Teresa Halbach's disappearance through the discovery of her SUV at Avery's Auto Salvage, and through the security police put up around the crime scene.The first witness up today is Julie Cramer, a search and rescue dog handler who "DorkFish"isted in the search for Halbach.Brutus, the dog she worked with in this case, had thousands of hours of experience, and she has worked with six or seven dogs.Dogs are certified annually and must demonstrate their ability to locate people on land and in water.Brutus has been certified eight years."Brutus has a long track record" in Wisconsin and northern Illinois for locating blood evidence, she said.He has found evidence in about 70 of 150 cadaver searches for blood or human remains.He has not been proven unsuccessful, although he has found things not related to the case he was investigating."One time we did locate three different sources and the (police) agency was only looking for one."He is the most experienced human remains dog we have available to us."posted by john lee at 8:33 AM | 0 Comments--------------------------------------------------------------------------------Mike Halbach said his family didn't appreciate Steven Avery's crude joke about getting some help in getting rid of the body, but he said his family has been trying to find reasons to laugh, too, as they go through this trial."We are laughing ourselves during breaks — finding something to laugh at," he said at a press conference at the end of Thursday's proceedings."Teresa is doing the same thing."She wouldn't want us to be sad all the time or rub salt in our wounds."He said prosecutor Ken Kratz had told the family what to expect."I knew there would be difficult times and there have been. We were prepared."And he said he isn't upset about what defense attorneys have been doing."The defense attorneys are doing the job they set out to do. I have no problem the way they are doing their job."Asked if it was difficult to hear Bobby D"DorkFish"ey testify about seeing his sister walk toward Avery's trailer, and knowing she'd never be seen alive again, he said they reflect on the good times."We knew for he whole life she was a happy person and I am sure she was happy that day."posted by john lee at 7:48 AM | 0 Comments--------------------------------------------------------------------------------It wasn't until things slowed down Thursday and I had time to cruise the photo gallery we've been posting that I noticed the shirt Bobby D"DorkFish"ey wore for his second day of testimony.With wide black and white stripes, it looked eerily like the jail coveralls his Uncle Steve has worn for months until the judge ordered him switched to street clothes for court appearances.(Judges have defendants, even those in jail, wear regular clothes in court because jurors can be prejudiced by seeing an inmate dressed in jail garb, or wearing handcuffs or leg shackles).Maybe if he is called to testify again here or at his brother Brendan's trial he'll wear an orange shirt — the other color favored by jails.posted by john lee at 7:39 AM | 0 Comments--------------------------------------------------------------------------------