33
* A INDEX: Documents 1-144 in box indicated parts 1-6 Documents 145-272 inbox indicated parts 7-11 Documents 273-306 inbox indicated parts 12-18 Documents 307-320 inbox indicated parts 19-25 Documents 321-374 inbox indicated parts 25-35 Documents 333, 334, 335 and 336 inbox indicated The loose pack of the file and folder containing the indicated as such. “binders” subpoenas in the box

Steven Avery Case File Compliation Of Record · EnvelopecontainingDefendant’sMotiontoReduceBail OrderfromtheCourtofAppealsdated05-23-06orderingthatthe Petitionforleavetoappealisdeniedwithoutcosts

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*

A

INDEX:

Documents 1-144 in box indicated parts 1-6

Documents 145-272 inbox indicated parts 7-11

Documents 273-306 inbox indicated parts 12-18

Documents 307-320 inbox indicated parts 19-25

Documents 321-374 inbox indicated parts 25-35

Documents 333, 334, 335 and 336 inbox indicated

The loose pack of the file and folder containing the

indicated as such.

“binders”

subpoenas in the box

STATE OF WISCONSIN vs STEVEN A. AVERY

APPEAL CASE NO: 2010 AP 411 CR

CIRCUIT COURT CASE NO: 05CF381

>•

' ^

DOCUMENT/PAGE

1 (1-4)

2

3

4

5

6

7 (1-3)

8

9

10 (1-3)

11 ( 1 -2)

12 (1-15)

13

14 (1-184)

COMPILATION OF RECORDRECEIVEDMAR 1 7 2010

CLERK OF COURT OF APPEALS

OF WISCONSIN

Criminal Complaint

Order Appointing Counsel (Erik Loy)

Appointment of Special Prosecutor under Chapter 978 (Kenneth R.

Kratz)

Commitment for Failure to Furnish Bail

Order Appointing Counsel (Erik Loy)

Order Appointing Counsel (Craig Johnson)

Defendant’ s Notice of Motion and Motion for Bail Reduction

Envelope containing Exhibits 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,

15,16 from preliminary hearing held on 1 2-6-05

Information

Defendant’s Notice ofMotion and Amended Motion for Bail

Reduction

Defendant’s Notice ofMotion and Motion for Change of Place ofTrial

Transcript of Arraignment & Bail Modification hearing held on1-17-06.

Order regarding bail

Transcript of Preliminary Examination held on 12-6-05.

15 (1-10)

16 (1-3)

17 (1-2)

18 (1-3)

19

20 (1-6)

21

22 (1-5)

23 (1-32)

24 (1-10)

25

26 (1-2)

27 (1-4)

28 (1-11)

29 (1-5)

30

31 (1-2)

32 (1-18)

33 (1-2)

34 (1-10)

Discovery Demand

Defendant’s Motion for Substitution of Counsel

Order Allowing Withdrawal of the State Public Defender and

Subsequent Counsel’s Entry of Appearance

Defendant’s Motion to Modify Bail

Appointment of Special Prosecutor under Chapter 978 (Jeffrey S.

Froehlich)

Defendant’s Motion to Assure Fair Forensic Testing

Motion to Amend Criminal Complaint and Criminal Information

Amended Criminal Complaint

Motion to Deny or Increase Cash Bail with Exhibits 1-3

Defendant’s Motion for Order Limiting Public Disclosure

Notice of Appearance (Jerome F. Buting)

Amended Information

State’s Response to Defendant’s Motion to Assure Fair Forensic

Testing

Defendant’s Memorandum Opposing Leave to File AmendedComplaint

Defendant’s Reply to State’s Objection to Motion to Assure Fair

Forensic Testing

Amended Commitment for Failure to Furnish Bail

Defendant’s Motion to Dismiss or to Conduct Preliminary Hearing

Defendant’s Memorandum Supporting Motion to Dismiss or to

Conduct Preliminary Hearing

Defendant’s Motion to Dismiss or to Conduct Preliminary Hearing

State’s Memorandum Supporting Additional Counts in the

Amended Information

35 ( 1 -7)

36

37

38 (1-10)

39 (1-69)

40 (1-33)

41

42 (1-83)

43

44 (1-2)

45

46 (1-2)

47

48

49

50

51

52 (1-4)

53 (1-16)

Defendant’s Reply Supporting Motion to Dismiss or to Conduct

Preliminary Hearing

Order Denying Defendant’s Motion to Dismiss Complaint or to

Conduct Additional Preliminary Hearing

Appointment of Special Prosecutor under Chapter 978 (Thomas J.

Fallon)

Defendant’s Motion to Extend Motions Deadline and to Adjourn

Trial

Transcript ofMotion Hearing held on 3-17-06

Transcript ofMotion Hearing held on 4-13-06.

Appointment of Special Prosecutor under Chapter 978 (Norman AGahn).

Defendant’s Petition for Leave to Pursue Permissive Appeal

Supplemental Docketing Statement

Docketing Statement

Acknowledgement of Filing of Writ/Petition

Order regarding motion hearing held 5-3-06

Order from the Court of Appeals

Envelope containing Defendant’s Motion to Exclude Manitowoc

County Sheriffs Department with Exhibit A (DVD)

Envelope containing Defendant’s Motion to Reduce Bail

Order from the Court of Appeals dated 05-23-06 ordering that the

Petition for leave to appeal is denied without costs.

Order from the Supreme Court dated 06-14-06 ordering that the

Petition for review is dismissed.

State’s Motion for Jury View Pursuant to §972.06 Wis. Stats.

State’s Memorandum of Law Pertaining to the Admissibility of

DNA Evidence

o

54 (1-2)

55

State’s Motion in Limine: Admissibility ofDNA Evidence

CLOL

Envelope containing State’s “preliminary” set of Motions in

Limine and Motion Concerning Third Party Liability (Denny

motion)

56 (1-17) Motion Prohibiting Evidence of Third Party Liability (Denny

motion)

57 (1-3) Defendant’s Motion to Suppress Statement to Marinette County

Sheriff s Department

58 Envelope containing Affidavit of Stephen M. Glynn

59 Envelope containing Defendant’s Notice Concerning Interference

with Right to Counsel

60 (1-2) Defendant’s Motion to Dismiss

61 (1-18) Defendant’s Memorandum Supporting Motion to Dismiss

62 (1-2) Defendant’s Motion to Suppress Statements to Media in Jail

63 (1-11) Defendant’s Memorandum Supporting Motion to Suppress

Statements to Media in Jail

64 (1-8) Affidavit of Dean Strang

65 (1-2) Letter concerning change ofvenue

66 (1-26) Motion to Suppress Evidence: Franks vs. Edwards Violation, Lack

of Probable Cause for Warrant, and Multiple Executions of

Warrant; Affidavit of Attorney Jerome F. Buting

67 Envelope containing Defendant’s Memorandum Opposing

Uncharged Misconduct Evidence

68 (1-10) Defendant’s Response to State’s Motion to Prohibit Evidence of

Third Party Liability (Denny Motion)

69 Envelope containing Defendant’s Memorandum on Evidence of

Wrongful Conviction and Accusations of Prisoners

70 (1-2) Defendant’s Response to the State’s Motion in Limine (Series 1)

o

71 State’s Reply to Defendant’s Response to the State’s Motil

Prohibit Evidence of Third Party Liability and to Motion to

Exclude Manitowoc County Sheriffs Office

72 (1-3) State’s Response to Defendant’s Motion to Dismiss (Pretrial

Publicity)

73 (1-3) Supplemental Memorandum in Support of State’s Motion in

Limine (Paragraph 7) - Out of Court Statement’s of Theresa

Halbach

74 Empty envelope which had contained the State’s Supplemental

Memorandum listed above at Document #73

75 Order Denying Defendant’s June 14, 2006 Motion to Reduce Bail

76 (!-2) Order Regarding State’s Motion Prohibiting Evidence of Third-Party Liability (“Denny” Motion)

11 (1-5) Redacted Copy ofMotion in Limine (Series 1)

78 (1-2) First Order to Unseal Documents

79 (1-7) Defendant’s Memorandum on Jury View

80 (1-18) Defendant’s Memorandum on Examples of Prejudicial Pretrial

Publicity

81 Envelope which had contained a DVD bearing nine tracks oftelevised news conferences in this case

82 (1-6) Defendant’s First Motion in Limine

83 (1-12) State’s Response to Motion to Suppress Statements to NewsReporters on Sixth Amendment Grounds

84 (1-232) Transcript ofMotion Hearing held on 7-5-06

85 Envelope containing Exhibit 1 from 7-19-06 Motion Hearingcontaining VHS video tape of 5 stories on Avery case, and Exhibit

16, CD-Rom containing a copy of a taped telephone call from the

Sturms to SheriffPagel

86 (1-3) Exhibit 2 from 7-19-06 Motion Hearing

87 (1-3) Exhibit 3 from 7-19-06 Motion Hearing

t

88 (1-2)

89 (1-2)

90 (1-3)

91 (1-3)

92

93

94

95

96

97

98 (1-2)

99 (1-10)

100 (1-7)

101 (1-277)

102 (1-11)

103

104 (1-2)

105 (1-10)

106 (1-8)

107 (1-6)

o

108

109

110

111 (1-6)

112 (1-4)

113 (1-98)

114 (1-14)

115

116 (1-74)

117 (1-4)

118 (1-11)

119

120 (1-6)

121 (1-25)

122 (1-6)

123 (1-4)

124

Empty envelope which had contained Defendant’s KepUncharged Misconduct Evidence listed above at Doc

Envelope containing Exhibit 20, CD-Rom, from an 8-9-06 MotiHearing, containing Audio Recordings on recorded phone lines

from Manitowoc County Sheriff’s Department

Envelope containing Exhibit 21, CD-Rom, from an 8-9-06 MotionHearing, containing four recorded interviews conducted primarily

by the Marinette County Sheriff’s Department

Exhibit 22 from 8-9-06 Motion Hearing

Exhibit 23 from 8-9-06 Motion Hearing

Partial Transcript ofMotion Hearing held on 8-9-06

State of Wisconsin’s 2nd

Supplementary Memorandum in Support

of Other Acts Evidence (Submitted Under Seal)

Empty envelope which had contained the State of Wisconsin’s 2nd

Supplementary Memorandum listed above at Document #114

Transcript of Motion Hearing - Arguments held on 8-10-06

State’s Supplemental Response to Motion to Suppress Statements

to News Reporters on Sixth Amendment Grounds

State’s Response to Defendant’s Motion to Suppress Evidence

Obtained Pursuant to November 5, 2005, Search Warrant

Envelope containing Defendant’s Memorandum OpposingAdmission of Prisoners’ Claims

State’s Response to Defendant’s Motion to Suppress Statement to

Marinette County Sheriff

Defendant’s Post-Hearing Memorandum Supporting Suppression

of Marinette County Statements

Stipulation Regarding Venue and Trial Schedule

Stipulation on Jailhouse Media Interviews

Order Concerning Pretrial Motions

o

125 (1-222)

126 (1-191)

127

128 (1-3)

129 (1-3)

130 (1-2)

131 (1-38)

132 (1-34)

133 (1-17)

134

135 (1-15)

136 (1-2)

137 (1-3)

138 (1-2)

139 (1-14)

140 (1-5)

141 (1-11)

OPartial Transcript ofMotion Hearing held on 8-

Partial Transcript ofMotion Hearing held on 8-10-0

Envelope containing VHS tape of Teresa Halbach investigation^

press conferences published by WFRV.COM

Order Limiting Public Disclosure

Motion for Return of Property

Order Regarding Venue and Trial Schedule

State’s Response to Defendant’s Motion to Suppress Fruits of the

November 5 Search Warrant Based on a “Multiple Executions”

Argument

Defendant’s Brief in Support of Motion to Suppress Evidence Dueto Unlawful Execution of Warrant

Decision and Order on State’s Motion to Allow the Introduction of

Nine Items of Other Acts Evidence

Empty envelope which had contained Decision and Order listed

above at Document #133

Defendant’s Memorandum Supporting Exclusion of Jail

Statements and Tapes

Defendant’s Motion to Exclude Jail Statements and Tapes

State’s Supplemental Demand for Discovery and Inspection

Motion in Limine - Defense DNA Testing

Defendant’s Supplemental Memorandum in Support ofMotion to

Suppress Evidence Derived from Multiple Executions of Warrant

Pretrial Scheduling Order

State’s Reply Briefon Alleged Multiple Executions of Single

Search Warrant

142 Envelope containing Calumet County Rules and Regulations

Handbook

143 (1-15)

144 (1-12)

State’s Brief on the Admissibility of Jail Record: oDefendant’s Reply Supporting Exclusion of Jail Stateme:

Tapes

145 Envelope containing Defendant’s Motion for Order Allowing

Access to Prior Court File with Exhibits 1-7 Attached and

correspondence regarding the motion

146 (1-18) Memorandum in Support ofMotion to Quash Subpoena

147 (1-2) Affidavit of Counsel in Support ofMotion to Quash Subpoena

148 (1-11) Affidavit in Support of Motion to Quash Subpoena

149 (1-3) Motion to Quash Subpoena

150 (1-3) Decision and Order on Defendant’s Motion to Exclude Jail

Statements and Tapes

151 (1-21) Decision and Order on Defendant’s Motion to Suppress Evidence

Based on Multiple Entries Under the November 5, 2005 Search

Warrant

152 (1-8) Decision and Order on Defendant’s Motion to Suppress Statement

to Marinette County Sheriffs Department

153 (1-5) Memorandum of State of Wisconsin Regarding Motions in Limine

and correspondence

154 Empty envelope which had contained the State’s Memorandumlisted at Document #1 53

155 (1-6) Correspondence from District Attorney Kenneth Kratz together

with the State’s list of lay and expert witnesses

156 (1-2) Proposed Stipulation

157 (1-2) Second Order to Unseal Documents

158 (1-9) Defendant’ s Witness List

159 (1-7) Defendant’s Response to State’s Motion to Exclude Blood Vial

Evidence

160 Envelope containing Sealed Decision and Order on State’s Motion

to Allow the Introduction of other Inmate Statements

161 (1-12)

162 (1-43)

163

164 (1-8)

165

166 (1-12)

167

168 (1-12)

169 (1-20)

170

171

172 (1-12)

173

174 (1-10)

175 (1-2)

176

177 (1-28)

178

State’s Response to Attorney Dvorak’s Memor:of Motion to Quash Subpoena

Defendant’s Disclosure of Potential Expert Witnesses

Empty envelope which had contained Defendant’s Disclosure^

Witnesses as listed above at Document #162

Memorandum in Support of Motion to Exclude Blood Vial

Evidence; or in the Alternative, to Analyze the Vial of Blood

Notice of Motion and Motion to Exclude Blood Vial Evidence; or

in the Alternative, to Analyze the Vial of Blood

Offer of Proof

Empty envelope which had contained the State’s Offer of Proof

listed in Document #166

Decision and Order Denying State’s Motion for Continuance to

Analyze Vial of Blood

Defendant’s Statement on Third-Party Responsibility

Empty envelope which had contained the Defendant’s Statement

listed in Document #169

Envelope containing Defendant’s Memorandum on Teresa

Halbach

Memorandum to Preclude Third Party Liability Evidence

Empty envelope which had contained the Memorandum listed in

Document #172

Memorandum to Preclude Third Party Liability Evidence

Notice of Motion and Motion to Preclude Third Party Liability

Evidence

Empty envelope which had contained the Memorandum listed in

Document #174 as well as the Notice ofMotion and Motion listed

in Document #175

Defendant’s Statement on Planted Blood with photographs

(Exhibit 1 & Exhibit 2)

Empty envelope which had contained the Defendant’s Statement

listed in Document #177

179 (1-10)

180 (1-4)

181

182 (1-4)

183 (1-10)

184 (1-3)

185

186 (1-7)

187

188

189 (1-11)

190

191 (1-8)

192

193

194 (1-9)

195 (1-2)

196 (1-6)

197 (1-2)

Reply Memorandum in Support of Motion to

Reply Affidavit in Support of Motion to Quash Subpoena,^

Reply Affidavit of Counsel in Support ofMotion to Quash

Subpoena

Motion for Leave to File BriefAmicus Curiae of Silha Center for

the Study ofMedia Ethics and Law

Brief ofAmicus Curiae Silha Center for the Study of Media Ethics

and Law in Support of Laura Ricciardi and Synthesis Films

State’s Recommendation as to “Wrongful Conviction” Evidence

Empty envelope which had contained the State’s recommendation

listed in Document #184

Decision and Order on State’s Motion in Limine Regarding Teresa

Halbach History

Empty envelope which had contained the Decision and Order

listed in Document #186

Motion for Relief from Pretrial Scheduling Order

Reply to Defendant’s Statement on Planted Blood

Empty envelope which had contained the Reply listed in

Document #189

Demand for Compliance with Discovery Requests, Scheduling

Order and §971.23(2M)(AM) Stats.; or in the Alternative to

Exclude Expert Testimony

Envelope containing Defendant’s Motion for Disclosure of

Exculpatory Information

Envelope containing Defendant’s Motion to Exclude Computer-

Generated Animations

Decision and Order Granting Motion to Quash Subpoena

State’s Proposed Jury Instructions

Order Regarding Trial Administration

Order Regulating Conduct of Witnesses During Trial

198

199 (1-7)

200

201 (1-10)

202 (1-4)

203 (1-6)

204 (1-15)

205 (1-15)

206 (1-9)

207 (1-170)

208 (1-64)

209

210 (1-31)

211 (1-2)

212

213 (1-2)

214 (1-7)

215

216 (1-7)

217 (1-5)

o oC

Envelope containing Defendant’s Second Motion in L

Defendant’s Motion Concerning Courtroom Security 5^Empty envelope which had containing Defendant’s Motion listed

in Document #199

Defendant’s Motion to Dismiss Sexual Assault, Kidnapping, and

False Imprisonment Charges

Random Listing of Jurors

Defendant’s Amended Disclosure of Expert Witness Scott

Fairgrieve

Decision and Order on Admissibility of Third Party Liability

Evidence

Decision and Order on State’s Motion to Exclude Blood Vial

Evidence

Decision and Order on Wrongful Conviction Evidence

Transcript of Motion Hearing held on January 19, 2007

Transcript of Judge’s Decision held on August 22, 2006

Second Amended Information

Exhibit 2 from 2-2-07 Motion Hearing

Exhibit 1 from 2-2-07 Motion Hearing

Notice ofMotion

Motion for Release of Blood Vial Evidence and Blood Spot Cards

for Scientific Testing

Defendant’s Response to State’s Motion for Release of Blood Vial

Evidence and Blood Spot Cards for Scientific Testing

Order Granting State’s Request for Release of Blood Vial

Defendant’s Response to State’s Motion for Release ofBlood Vial

Evidence and Blood Spot Cards for Scientific Testing

Defendant’s Amended Disclosure of Expert Witness Dr. Alan

Friedman

Q

218 (1-10)

219 (1-4)

220

221 (1-9)

222

223

224

225

226 (1-37)

227 (1-151)

228

229 (1-3)

230

231 (1-3)

232

233 (1-33)

234 (1-4)

235 (1-10)

236 (1-9)

237 (1-3)

238 (1-13)

Defendant’s Motion to Exclude State Expert Witnes;

and Motion to Compel Disclosure of Potentially ExculpEvidence

WA

Decision and Order on Defendant’s Motion Concerning CourtrooSecurity

Courtroom Jury List

Exhibit 1 from 2-9-07 Motion Hearing.

Envelope containing Exhibits 2, 3, and 4, from 2-9-07 MotionHearing.

Envelope containing Juror Question and Memo from Court

Statement to Jurors Regarding Juror Questions

Note from Jury Bailiff

Transcript of Motion Hearing held on 1-4-07

Transcript of Pre-trial Hearing held on 2-2-07

Affidavit of Manitowoc County Clerk of Court

Certificate of Judge Requesting State, for the Attendance of Out-of-State Material Witness, to-wit, Lisa Buchner

Verification

Petition for Attendance of Out-of-State Material Witness, to wit,

Lisa Buchner

Envelope containing Affidavit ofDean Strang (Sealed)

Defendant’s Motion for Sequential Independent Testing andFunding

Partial Transcript from Hearing held on 3- 1 -07

Defendant’s Reply in Support ofMotion for Sequential

Independent Testing and Funding

Partial Transcript from Hearing held on 3-1-07

Report ofExamination

Curriculum Vitae ofMarc A. LeBeau, Ph.D

o o

239 (1-9) Analysis ofEDTA in Dried Bloodstains

240 (1-19) Motion to Admit EDTA Test Results and Permit Expe^Kjpjuaonyin the State’s Case-in-Chief and Reply to Request for Sequ^KupIndependent Testing and Funding

241 Order Granting State’s Motion to Admit EDTA Test Results andDenial of Defendant’s Motion for Mistrial and Continuance for

Sequential Testing

242 (1-29) Partial Transcript from Motion Hearing held on 2-23-07

243 (1-12) Defendant’s Proposed Jury Instructions

244 Envelope containing two notes from Jurors (Sealed)

245 (1-4) Defendant’s Proposed Jury Instructions

246 State’s Proposed Modification ofWIS Jl-Criminal Motive

247 (1-16) State’s Response to Defendant’s Proposed Jury Instructions (1-7)

248 (1-4) Partial Transcript of Testimony of Bobby Dassey from Day 3 of12-Person Jury Trial held on 2-14-07

249 (1-6) Partial Transcript from Hearing held on 2-23-07

250 (1-10) Partial Transcript from Hearing held on 2-12-07

251 (1-14) Jury Instructions

252 Envelope containing Extra Peremptory Strikes of Counsel (Sealed)

253 Supplement Jury Instructions

254 (1-2) Jury Question No. 1 with response from Judge Patrick L. Willis

255 (1-5) Jury question with excerpts from transcript

256 Verdict - Guiltv of First Degree Intentional HnmiriHo

257 Verdict - Not Guilty of Mutilating a Corose

258 Verdict - Guilty of Possession of a Firearm

259 (1-14) Exhibit List

260 Fax Activity Report

261

262 (1-258)

263 (1-2)

264 (1-29)

265

266 (1-3)

267 (1-49)

268

269 (1-326)

270 (1-68)

271 (1-42)

272 (1-46)

273 (1-2)

274 (1-162)

275 (1-110)

276 (1-118)

277 (1-39)

278 (1-112)

279

280 (1-91)

O Q

Order Vacating Order Limiting Public Disclosure

List of Jurors Names and Questionnaires

Third Order to Unseal Documents

Partial Transcript from Hearing held on 3-8-07

Receipt

Order on Preservation of Blood Evidence and Independent DefenseTesting

Partial Transcript from Hearing held on 2-14-07

Envelope containing Partial Transcript of Jury Trial, Voir Dire -

Day 1 Held on 2-5-07 (Sealed)

Transcript of Hearing held 2-5-07 (Jury Trial - Voir Dire - Day 1)

Partial Transcript from hearing held 3-15-07 (Jury Trial - AttorneyKratz Rebuttal - Day 24)

Partial Transcript from hearing held 2-15-07 (Jury Trial - BobbyDassey Testimony - Day 4)

Partial Transcript from hearing held 2-27-07 (Jury Trial - Fabian-Tadych Testimony - Day 12)

Order to Release Trial Exhibits

Partial Transcript from hearing held on 2-16-07 (Jury Trial -Special Agent Thomas Fassbender - Day 5)

Partial Transcript from hearing held on 3-1-07 (Jury Trial -William Newhouse - Day 14)

Partial Transcript from hearing held on 2-23-07 (Jury Trial -Sherry Culhane - Direct - Day 1 0)

Defendant’s Motion for New Trial

Partial Transcript from hearing held on 2-26-07 (Jury Trial -Culhane — Partial Cross — Day 1 1)

Order Revoking Bail

Partial Transcript from hearing held on 2-26-07 (Jury Trial -Culhane - Remainder - Day 11)

281 (1-105)

282

283

284 (1-255)

285

286

287

288

289

290

291 (1-2)

292 (1-74)

293 (1-11)

293-A (1-2)

294 (1-26)

295 (1-17)

296 (1-53)

297 (1-140)

298 (1-175)

299 (1-406)

300 (1-344)

Partial Transcript from hearing held on 3-9-07 (Jury Trial

Arvizu -Day 20)

Presentence Investigation

Envelope containing four DVDs of Interviews ofBrendan Dasseywhich are part of Defendant’s Memorandum on Brendan DasseyStatement

Defendant’s Memorandum on Brendan Dassey Statements

Envelope containing DVD of Teresa Halbach played at sentencing

Written Explanation of Determinate Sentence

Notice of Right to Seek Postconviction Relief

Judgment of Conviction on Count 1 — Sentence to Wisconsin State

Prisons

Judgment of Conviction on Count 3 — Sentence to Wisconsin State

Prisons and Extended Supervision

Victim Notice of Rights

Notice of Intent to Pursue Post Conviction Relief

Transcript of Sentencing Hearing held on 6-1-07

Transcript of Initial Appearance held on 1 1-15-05

Order Appointing Counsel. (Suzanne Hagopian)

Transcript of Arraignment & Motions held on 5-3-06

Transcript ofMotion Hearing held on 12-20-06

Transcript ofMotion Hearing-Jury Questionnaire held on 1-29-07

Transcript of Hearing held 2-9-07 (Peremptory Strikes & MotionHearing - Manitowoc County, Motion Hearing - Calumet County)

Transcript of Hearing held 2-14-07 (Jury Trial - Day 3)

Transcript of Hearing held 2-6-07 (Jury Trial - Voir Dire - Day 2)

Transcript of Hearing held 2-7-07 (Jury Trial - Voir Dire - Day 3)

301 (1-99)

302 (1-256)

303

304

305

306 (1-221)

307 (1-261)

308 (1-194)

309 (1-247)

310 (1-241)

311 (1-245)

312 (1-235)

313 (1-206)

314 (1-211)

315 (1-238)

316 (1-225)

317 (1-241)

318 (1-189)

319 (1-89)

320 (1-255)

321 (1-263)

322 (1-263)

323 (1-222)

Partial Transcript from Hearing held 2-8-07 (Jury Trial - Voir life

- Day 4)

Partial Transcript from Hearing held 2-8-07 (Jury Trial - Voir Dire

- Day 4)

Motion for Extension ofTime Filing Transcripts (Diane

Tesheneck)

Motion for Extension ofTime Filing Transcripts (Jennifer Hau)

Order from Court of Appeals Extending Time for Filing

Transcripts

Transcript of Hearing held 2-12-07 (Jury Trial - Trial Day 1)

Transcript of Hearing held 2- 13-07 (Jury Trial - Trial Day 2)

Transcript of Hearing held 2-15-07 (Jury Trial - Trial Day 4)

Transcript of Hearing held 2-16-07 (Jury Trial - Trial Day 5)

Transcript of Hearing held 2- 1 9-07 (Jury Trial - Trial Day 6)

Transcript of Hearing held 2-20-07 (Jury Trial - Trial Day 7)

Transcript of Hearing held 2-21-07 (Jury Trial - Trial Day 8)

Transcript of Hearing held 2-22-07 (Jury Trial - Trial Day 9)

Transcript of Hearing held 2-23-07 (Jury Trial - Trial Day 10)

Transcript of Hearing held 2-26-07 (Jury Trial - Trial Day 1 1)

Transcript of Hearing held 2-27-07 (Jury Trial - Trial Day 12)

Transcript of Hearing held 2-28-07 (Jury Trial - Trial Day 13)

Transcript of Hearing held 3-1-07 (Jury Trial - Trial Day 14)

Transcript of Hearing held 3-2-07 (Jury Trial - Trial Day 15)

Transcript of Hearing held 3-5-07 (Jury Trial - Trial Day 16)

Transcript of Hearing held 3-6-07 (Jury Trial - Trial Day 17)

Transcript of Hearing held 3-7-07 (Jury Trial - Trial Day 18)

Transcript of Hearing held 3-8-07 (Jury Trial - Trial Day 1.9)

o Q

324 (1-208)

325 (1-90)

326 (1-86)

327 (1-229)

328 (1-131)

329 (1-17)

330 (1-10)

331 (1-10)

332 (1-24)

333 (1-145)

Transcript of Hearing held 3-9-07 (Jury Trial -

Transcript of Hearing held 3-12-07 (Jury Trial

Transcript of Hearing held 3-13-07 (Jury Trial

Transcript of Hearing held 3-14-07 (Jury Trial - Trial Day 23)

Transcript of Hearing held 3-15-07 (Jury Trial - Closing

Arguments, Cont’d. - Day 24)

Transcript of Hearing held 3-16-07 (Jury Trial - Trial Day 25)

Transcript of Hearing held 3-17-07 (Jury Trial - Trial Day 26)

Transcript of Hearing held 3-18-07 (Jury Trial - Trial Day 27Verdict)

Transcript of Hearing held 5-22-07 (Post-Conviction Motion)

White Binder containing the following exhibits:

Page 1 - Pocket file containing Exhibit Nos. 1 & 2

Page 2 - Pocket file containing Exhibit Nos. 3 & 4Page 3 - Pocket file containing Exhibit Nos. 5 & 6

Page 4 - Pocket file containing Exhibit Nos. 7 & 10

Page 5 - Pocket file containing Exhibit Nos. 1 1 & 12

Page 6 - Pocket file containing Exhibit Nos. 13 & 14

Page 7 - Pocket file containing Exhibit Nos. 15 & 16

Page 8 - Pocket file containing Exhibit Nos. 25 & 27Page 9 - Pocket file containing Exhibit No. 29Page 10 - Pocket file containing Exhibit Nos. 30 & 3

1

Page 1 1 - Pocket file containing Exhibit Nos. 32 & 33Page 12 - Pocket file containing Exhibit Nos. 34 & 37Page 13 - Pocket file containing Exhibit Nos. 38 & 39Page 14 - Pocket file containing Exhibit Nos. 40 & 41

Page 1 5 - Pocket file containing Exhibit Nos. 42 & 43Page 16 - Pocket file containing Exhibit Nos. 44 & 45Page 17 - Pocket file containing Exhibit Nos. 46 & 47Page 1 8 - Pocket file containing Exhibit Nos. 48 & 49Page 1 9 - Pocket file containing Exhibit Nos. 50 & 5

1

Page 20 - Pocket file containing Exhibit Nos. 52 & 53Page 21 - Pocket file containing Exhibit Nos. 54 & 55Page 22 - Pocket file containing Exhibit Nos. 56 & 57Page 23 - Pocket file containing Exhibit Nos. 58 & 59Page 24 - Pocket file containing Exhibit Nos. 60 & 61

Page 25 - Pocket file containing Exhibit Nos. 62 & 63Page 26 - Pocket file containing Exhibit Nos. 64 & 65

Page 27 - Pocket file containing Exhibit Nos. 66 & 67

Page 28 - Pocket file containing Exhibit Nos. 68 & 69

Page 29 - Pocket file containing Exhibit Nos. 70 & 71

Page 30 - Pocket file containing Exhibit Nos. 72 & 73

Page 3 1 - Pocket file containing Exhibit Nos. 74 & 75

Page 32 - Pocket file containing Exhibit Nos. 76 & 77

Page 33 - Pocket file containing Exhibit Nos. 78 & 79

Page 34 - Pocket file containing Exhibit Nos. 80 & 81

Page 35 - Pocket file containing Exhibit Nos. 82 & 83

Page 36 - Pocket file containing Exhibit Nos. 84 & 85

Page 37 - Pocket file containing Exhibit Nos. 86 & 87

Page 38 - Pocket file containing Exhibit Nos. 88 & 91

Page 39 - Pocket file containing Exhibit Nos. 92 & 93

Page 40 - Pocket file containing Exhibit Nos. 94 & 95

Page 41 - Pocket file containing Exhibit Nos. 96 & 97

Page 42 - Pocket file containing Exhibit Nos. 98 & 99

Page 43 - Pocket file containing Exhibit Nos. 100 & 101

Page 44 - Pocket file containing Exhibit Nos. 1 02 & 103

Page 45 - Pocket file containing Exhibit No. 104

Page 46 - Pocket file containing Exhibit Nos. 105 & 106

Page 47 - Pocket file containing Exhibit Nos. 107 & 108

Page 48 - Pocket file containing Exhibit Nos. 109 & 110

Page 49 - Pocket file containing Exhibit Nos. Ill & 112

Page 50 - Pocket file containing Exhibit Nos. 113 & 1 14

Page 51 - Pocket file containing Exhibit Nos. 1 15 & 1 16

Page 52 - Pocket file containing Exhibit Nos. 118 & 1 19

Page 53 - Pocket file containing Exhibit Nos. 120 & 121

Page 54 - Pocket file containing Exhibit Nos. 123 & 127

Page 55 - Pocket file containing Exhibit Nos. 128 & 130

Page 56 - Pocket file containing Exhibit Nos. 131 & 132

Page 57 - Pocket file containing Exhibit Nos. 133 & 134

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Page 59 - Pocket file containing Exhibit Nos. 137 & 138

Page 60 - Pocket file containing Exhibit Nos. 139 & 140

Page 61 - Pocket file containing Exhibit Nos. 141 & 143

Page 62 - Pocket file containing Exhibit Nos. 144 & 145

Page 63 - Pocket file containing Exhibit Nos. 148 & 149

Page 64 - Pocket file containing Exhibit Nos. 1 50 & 151

Page 65 - Pocket file containing Exhibit Nos. 154 & 155

Page 66 - Pocket file containing Exhibit Nos. 1 56 & 157

Page 67 - Pocket file containing Exhibit Nos. 158 & 161

Page 68 - Pocket file containing Exhibit Nos. 162 & 163

Page 69 - Pocket file containing Exhibit Nos. 164 & 165

Page 70 - Pocket file containing Exhibit Nos. 166 & 167

Page 71 - Pocket file containing Exhibit Nos. 168 & 169

Page 72 - Pocket file containing Exhibit Nos. 170 & 171

o

Page 73 - Pocket file containing Exhibit Nos. 172 & 173

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Page 75 - Pocket file containing Exhibit Nos. 176 & 177Page 76 - Pocket file containing Exhibit Nos. 178 & 179

Page 77 - Pocket file containing Exhibit Nos. 1 80 & 1 8

1

Page 78 - Pocket file containing Exhibit Nos. 1 82 & 1 83

Page 79 - Pocket file containing Exhibit Nos. 184 & 185

Page 80 - Pocket file containing Exhibit Nos. 1 86 & 1 87Page 81 - Pocket file containing Exhibit Nos. 188 & 189

Page 82 - Pocket file containing Exhibit Nos. 190 & 191

Page 83 - Pocket file containing Exhibit Nos. 192 & 193

Page 84 - Pocket file containing Exhibit Nos. 206 & 207Page 85 - Pocket file containing Exhibit Nos. 208 & 209Page 86 - Pocket file containing Exhibit Nos. 210 & 217Page 87 - Pocket file containing Exhibit Nos. 219 & 220Page 88 - Pocket file containing Exhibit Nos. 221 & 222Page 89 - Pocket file containing Exhibit Nos. 223 & 224Page 90 - Pocket file containing Exhibit Nos. 225 & 226Page 91 - Pocket file containing Exhibit Nos. 227 & 228Page 92 - Pocket file containing Exhibit Nos. 229 & 230Page 93 - Pocket file containing Exhibit Nos. 23 1 & 232Page 94 - Pocket file containing Exhibit Nos. 233 & 234Page 95 - Pocket file containing Exhibit Nos. 235 & 236Page 96 - Pocket file containing Exhibit Nos. 237 & 238Page 97 - Pocket file containing Exhibit Nos. 239 & 240Page 98 - Pocket file containing Exhibit Nos. 241 & 242Page 99 - Pocket file containing Exhibit Nos. 243 & 244Page 100 - Pocket file containing Exhibit Nos. 245 & 246Page 101 - Pocket file containing Exhibit Nos. 262 & 263Page 102 - Pocket file containing Exhibit Nos. 265 & 266Page 103 - Pocket file containing Exhibit Nos. 267 & 268Page 104 - Pocket file containing Exhibit Nos. 269 & 270Page 105 - Pocket file containing Exhibit Nos. 271 & 272Page 106 - Pocket file containing Exhibit Nos. 273 & 274Page 107 - Pocket file containing Exhibit Nos. 275 & 283Page 108 - Pocket file containing Exhibit Nos. 284 & 285Page 109 - Pocket file containing Exhibit Nos. 286 & 289Page 1 10 - Pocket file containing Exhibit Nos. 290 & 291Page 111 - Pocket file containing Exhibit Nos. 292 & 293Page 1 12 - Pocket file containing Exhibit Nos. 294 & 295Page 1 13 - Pocket file containing Exhibit Nos. 296 & 297Page 1 14 - Pocket file containing Exhibit Nos. 298 & 299Page 1 15 - Pocket file containing Exhibit Nos. 300 & 301Page 1 16 - Pocket file containing Exhibit Nos. 302 & 303Page 1 17 - Pocket file containing Exhibit Nos. 304 & 305Page 1 1 8 - Pocket file containing Exhibit No. 306

Page 1 1 9 - Pocket file containing Exhibit No. 307*

Page 120 - Pocket file containing Exhibit No. 308

Page 121 - Pocket file containing Exhibit Nos. 3 16 & 338

Page 122 - Pocket file containing Exhibit Nos. 349 & 350Page 123 - Pocket file containing Exhibit Nos. 351 & 352Page 124 - Pocket file containing Exhibit Nos. 353 & 354Page 125 - Pocket file containing Exhibit Nos. 363 & 364Page 126 - Pocket file containing Exhibit Nos. 365 & 366Page 127 - Pocket file containing Exhibit Nos. 367 & 368

Page 128 - Pocket file containing Exhibit Nos. 369 & 370Page 129 - Pocket file containing Exhibit Nos. 371 & 382Page 130 - Pocket file containing Exhibit Nos. 383 & 384Page 131 - Pocket file containing Exhibit Nos. 385 & 386Page 132 - Pocket file containing Exhibit Nos. 387 & 388Page 133 - Pocket file containing Exhibit Nos. 389 & 390Page 134 - Pocket file containing Exhibit Nos. 391 & 392Page 135 - Pocket file containing Exhibit Nos. 393 & 394Page 136 — Pocket file containing Exhibit Nos. 395 & 396Page 1 37 - Pocket file containing Exhibit Nos. 397 & 398Page 138 - Pocket file containing Exhibit Nos. 399 & 400Page 139 - Pocket file containing Exhibit Nos. 404 & 405Page 140 - Pocket file containing Exhibit Nos. 406 & 407Page 141 - Pocket file containing Exhibit Nos. 408 & 409Page 142 - Pocket file containing Exhibit Nos. 410 & 41

1

Page 143 - Pocket file containing Exhibit Nos. 412 & 413Page 144 - Pocket file containing Exhibit Nos. 429 & 430Page 145 - Pocket file containing Exhibit Nos. 431 & 447

Black Binder containing the following exhibits:

Page 1 - Pocket file containing Exhibit No. 446, pages 1-35

Page 2 - Pocket file containing Exhibit No. 446, pages 36-57

Page 3 - Pocket file containing Exhibit No. 446, pages 58-87

Page 4 - Pocket file containing Exhibit No. 446, pages 88-1 16

Page 5 - Pocket file containing Exhibit No. 446, pages 117-164

Page 6 - Pocket file containing Exhibit No. 446, pages 165-197

Page 7 - Pocket file containing Exhibit No. 446, pages 198-216

Page 8 - Pocket file containing Exhibit No. 446, pages 217-226Page 9 - Pocket file containing Exhibit No. 446, pages 227-249

Page 10 - Pocket file containing Exhibit No. 446, pages 250-264Page 11- Pocket file containing Exhibit No. 446, pages 265-274Page 12 - Pocket file containing Exhibit No. 446, pages 275-296

Page 13 - Pocket file containing Exhibit No. 446, pages 297-314Page 14 - Pocket file containing Exhibit No. 446, pages 315-341

Page 15 - Pocket file containing Exhibit No. 446, pages 342-364

Page 16 - Pocket file containing Exhibit No.

Page 1 7 - Pocket file containing Exhibit No.

Page 1 8 - Pocket file containing Exhibit No.

Page 19 - Pocket file containing Exhibit No.Page 20 - Pocket file containing Exhibit No,Page 21 - Pocket file containing Exhibit No.Page 22 - Pocket file containing Exhibit No.Page 23 - Pocket file containing Exhibit No.Page 24 - Pocket file containing Exhibit No.Page 25 - Pocket file containing Exhibit No.Page 26 - Pocket file containing Exhibit No.

Page 27 - Pocket file containing Exhibit No.Page 28 - Pocket file containing Exhibit No.

Page 29 - Pocket file containing Exhibit NosPage 30 — Pocket file containing Exhibit NosPage 3 1 - Pocket file containing Exhibit NosPage 32 - Pocket file containing Exhibit NosPage 33 - Pocket file containing Exhibit NosPage 34 — Pocket file containing Exhibit NosPage 35 - Pocket file containing Exhibit No.Page 36 - Pocket file containing Exhibit No.

446, pages 3<L _

446, pages 396-4*

,

-

446, pages 418-436

446, pages 437-454

446, pages 455-466

446, pages 467-492

446, pages 493-511

446, pages 512-523

446, pages 524-547

446, pages 548-569

446, pages 570-594

446, pages 595-617

446, pages 618-637

;. 452 & 453

454 & 455

. 456 & 457

. 466 & 479

. 480 & 497

. 498 & 499

500

501

335 (1-20) White Binder containing the following exhibits:

Page 1 - Pocket file containing Exhibit Nos. 448 & 449Page 2 - Pocket file containing Exhibit Nos. 450 & 451

Page 3 - Pocket file containing Exhibit Nos. 458 & 459Page 4 - Pocket file containing Exhibit Nos. 460 & 461

Page 5 - Pocket file containing Exhibit Nos. 462 & 463

Page 6 - Pocket file containing Exhibit Nos. 464 & 467Page 7 — Pocket file containing Exhibit No. 468Page 8 - Pocket file containing Exhibit No. 469Page 9 - Pocket file containing Exhibit No. 471

Page 10 - Pocket file containing Exhibit No. 472Page 1 1 - Pocket file containing Exhibit No. 473Page 12 - Pocket file containing Exhibit No. 474Page 13 - Pocket file containing Exhibit Nos. 481 & 482Page 14 — Pocket file containing Exhibit Nos. 483 & 484Page 15 - Pocket file containing Exhibit Nos. 485 & 486Page 16 - Pocket file containing Exhibit Nos. 487 & 488Page 17 — Pocket file containing Exhibit Nos. 489 & 490Page 18 — Pocket file containing Exhibit Nos. 491 & 492Page 19 — Pocket file containing Exhibit Nos. 493 & 494Page 20 — Pocket file containing Exhibit No. 495

G O

336 (1-53) Black Binder containing the following exhibits:

Page 1 - Pocket file containing Exhibit Nos. 17 & 18

Page 2 - Pocket file containing Exhibit Nos. 19 & 20Page 3 - Pocket file containing Exhibit Nos. 21 & 22Page 4 - Pocket file containing Exhibit Nos. 23 & 24Page 5 - Pocket file containing Exhibit Nos. 28 & 36Page 6 - Pocket file containing Exhibit No. 89

Page 7 - Pocket file containing Exhibit No. 90Page 8 - Pocket file containing Exhibit Nos. 124 & 125

Page 9 - Pocket file containing Exhibit Nos. 129 & 142Page 10 - Pocket file containing Exhibit Nos. 146 & 147Page 1 1 - Pocket file containing Exhibit Nos. 159 & 160Page 12 - Pocket file containing Exhibit Nos. 201 & 213Page 13 - Pocket file containing Exhibit Nos. 214 & 215Page 14 - Pocket file containing Exhibit Nos. 216 & 264Page 15 - Pocket file containing Exhibit No. 309Page 16 - Pocket file containing Exhibit No. 310, pages 1-45

Page 17 - Pocket file containing Exhibit No. 310, pages 46-72Page 1 8 - Pocket file containing Exhibit No. 310, pages 73-110

Page 19 - Pocket file containing Exhibit No. 310, pages 111-135

Page 20 - Pocket file containing Exhibit Nos. 3 1 1 & 3 12

Page 21 - Pocket file containing Exhibit Nos. 313 & 314Page 22 - Pocket file containing Exhibit No. 315Page 23 - Pocket file Containing Exhibit No. 340Page 24 - Pocket file containing Exhibit Nos. 341 & 342Page 25 - Pocket file containing Exhibit Nos. 343 & 344Page 26 — Pocket file containing Exhibit No. 345Page 27 - Pocket file containing Exhibit No. 346Page 28 - Pocket file containing Exhibit Nos. 347 & 355Page 29 - Pocket file containing Exhibit Nos. 356 & 357Page 30 - Pocket file containing Exhibit Nos. 358 & 359Page 3 1 - Pocket file containing Exhibit Nos. 360 & 361

Page 32 - Pocket file containing Exhibit Nos. 362 & 372Page 33 - Pocket file containing Exhibit No. 374Page 34 - Pocket file containing Exhibit Nos. 377 & 378Page 35 - Pocket file containing Exhibit Nos. 379 & 380Page 36 — Pocket file containing Exhibit No. 381Page 37 - Pocket file containing Exhibit Nos. 401 & 402Page 38 - Pocket file containing Exhibit Nos. 403 & 414Page 39 - Pocket file containing Exhibit Nos. 416 & 418Page 40 - Pocket file containing Exhibit Nos. 419 & 420Page 41 - Pocket file containing Exhibit Nos. 421 & 422Page 42 - Pocket file containing Exhibit Nos. 423 & 424Page 43 - Pocket file containing Exhibit Nos. 425 & 426

Page 44 - Pocket file containing Exhibit Nos. 427Page 45 - Pocket file containing Exhibit No. 432Page 46 - Pocket file containing Exhibit No. 433Page 47 - Pocket file containing Exhibit No. 434Page 48 - Pocket file containing Exhibit Nos. 435Page 49 - Pocket file containing Exhibit Nos. 437Page 50 - Pocket file containing Exhibit Nos. 439Page 51 - Pocket file containing Exhibit Nos. 441Page 52 - Pocket file containing Exhibit Nos. 443Page 53 - Pocket file containing Exhibit No. 445

& 436

& 438

& 440

& 442

& 444

337 (1-142) Case File No. 05 SW 53 — Search Warrant File which includes the

Following:

(133-142) Search warrant issued. RE: 12932 Avery Road, Town of Gibson,County of Manitowoc, Wisconsin a single family trailer, red in

color, with white trim around the windows. The trailer has anattached wooden deck and has the number 12932 on the front ofthe residence next to the front entrance. There is a detached garagenext to the residence that is red and blue in color with a single

white garage door and a white service door, occupied by Steven A.Avery, Sr., DOB: 07-09-1962.

And RE: 12932A Avery Road, in the Town of Gibson, County ofManitowoc, Wisconsin, a single family trailer with gray vinyl

siding with maroon shutters. The numbers 12930A are located onthe front of the residence. 12930A Avery Road has a detachedgarage with gray siding, two white garage doors and white trimaround the windows and doors, occupied by Barbara Janda.

And RE: the residences and garages are located within the propertyofAvery Auto Salvage. The auto salvage yard is approximately 40acres in size and is surrounded by a berm and some fencing. Onthe property, there are numerous outbuildings and vehicles, thosethat are operational and also junked and scrapped vehicles,

associated with the salvage yard business.

Affidavit of Investigator Mark Wiegert, Calumet County SheriffsDepartment.

(128-131) Search warrant issued. RE: a trailer with a detached two stall

garage located on the east side near the northeast comer oftheAvery Auto Salvage property and a single story trailer located onthe northeast comer of the Avery Auto Salvage property withgreen siding and a metal steel or tin type roof.

(122-126)

(115-120)

(106-113)

(100-104)

(94-98)

Affidavit of Investigator Mark Wiegert,

Department.

Calumet County

'/T-

Sheriff^W

Search warrant issued. RE: records or date storage of Cingular, a

communications common carriers located at 801 N. Point Park,

West Palm Beach, Florida 33407 for the subscriber Teresa M.

Halbach with a subscriber phone number of 920-737-473 1

.

Complaint for Search Warrant.

Search warrant issued. RE: a Hewlett Packard HP Paviolion

System #PP165AA-ABA, Serial number MXK1040MCH,currently located at 12932 Avery Road, in the Town of Gibson,

Manitowoc County, Wisconsin

Affidavit of Investigator Mark Wiegert, Calumet County Sheriffs

Department.

Search warrant issued. RE: the Avery Auto Salvage Office

Building located at 12930 Avery Road, Town of Gibson,

Manitowoc County, Wisconsin, within the Avery Auto Salvage

compound described as a blue pole building, the words "Avery

Auto" appear in large white letters on the northwest comer of the

building, the words "Chuck and Earl" appear in smaller red letters.

There is an entry door on the northwest side of the building which

contains a glass window with the word "office" printed on the

window in red/orange letters.

Affidavit of Detective Mark Wiegert, Calumet County Sheriffs

Department.

Search warrant issued. RE: the DNA for Steven A. Avery, DOB:07-09-1962, a white male, weighing 218 lbs and 5'6" tall, blue eyes

and blond hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

Search warrant issued. RE: the DNA for Delores A. Avery, a

white female, DOB: 08-20-1937, Weighing 155 lbs, and 5'3" tall,

blue eyes and blond hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

(82-86) Search warrant issued. RE: the DNA for Allan K. Avery, a whitest

male, DOB: 05-03-1937, weighing 240 lbs. and 5'10" tall, blue^

eyes and brown hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

(88 & 90-93) Search warrant issued. RE: the DNA for Earl K. Avery, a white

male, DOB: 06-10-70, weighing 215 lbs. and 5'9" tall, blue eyes

and blond hair.

Affidavit on Investigator John Dedering, Calumet County Sheriffs

Department.

(76-80) Search warrrant issued. RE: the DNA for Barbara E. Avery, a

white female, DOB: 1 1-07-64, weighing 105 lbs. and 5'3" tall, blue

eyes and blond hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

(70-74) Search warrant issued. RE: the DNA of Charles E. Avery, a white

male, DOB: 07-13-1954, weighing 140 lbs. and 57" tall, blue eyes

and blond hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department

(64-68) Search warrant issued. RE: the DNA ofBryan J. Dassey, a white

males, DOB: 07-15-1985, weighing 165 lbs. and 5'10" tall, blue

eyes and blond hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

(58-62) Search warrant issued. RE: the DNA of Bobby A. Dassey, a white

male, DOB: 10-18-1986, weighing 180 lbs. and 5'10" tall, blue

eyes and brown hair.

Affidavit of Investigator John Dedering, Calumet County Sheriffs

Department.

(47-55) Search warrant issued. RE: 12932 Avery Road, in the Town of

Gibson, County of Manitowoc, Wisconsin, occupied by Steven A.

Avery, Sr. DOB: 07-09-1962. A single family trailer, red in color,

with white trim around the windows.

A trailer with a detached two-stall garage located on the east side,;,

near the northeast comer of the Avery Auto Salvage property, #occupied by Charles E. Avery, DOB: 07-14-1954.

A single story trailer with green siding and a metal steel or tim-

type roof located on the northeast comer of the Avery Auto

Salvage, occupied by Alan K. Avery, DOB: 05-03-1937 and

Delores Avery, DOB: 08-20-1937.

12930A Avery Road, in the Town of Gibson, County of

Manitowoc, Wisconsin, occupied by Barbara E. Janda, DOB: 11-

07-1964, a single family trailer with gray vinyl siding with marron

shutters.

The Avery Auto Salvage yard property located on Avery Road in

the Town of Gibson, County of Manitowoc, Wisconsin including

residences, garages, outbuildings and vehicles.

Affidavit of Sheriff Jerry Pagel, Calumet County Sheriffs

Department.

(138-139) At 4:19 p.m., search warrant for 12932 Avery Road, Two Rivers,

WI and 12932A Avery Road, Two Rivers, WI with return of

officer thereon.

(132) At 1 :03 p.m., search warrant for Avery Auto Salvage with return of

officer thereon.

(1 14) At 1 1 :26 a.m., search warrant for Avery Auto Salvage Office

Building with return of officer thereon.

(105) At 11:27 a.m., search warrant for the DNA for Steven Avery, with

return of officer thereon.

(99) At 1 1 :28 a.m., search warrant for the DNA for Delores Avery, with

return of officer thereon.

(87) At 1 1 :28 a.m., search warrant for DNA for Allan Avery, with

return of officer thereon.

(81) At 1 1 :27 a.m., search warrant for the DNA of Barbara Avery with

return of officer thereon.

0

(89)

(75)

At 1 1 :26 a.m., search warrant for DNA of Earl Avery with re

of officer thereon.

At 1 1 :28 a.m., search warrant for the DNA of Charles Avery with

return of officer thereon.

/ 0

(69) At 1 1 :26 a.m., search warrant for the DNA ofBryan Dassey with

return of officer thereon.

(63) At 1 1 :27 a.m., search warrant for DNA of Bobby Dassey with

return of officer thereon.

(121) At 8:27 a.m., search warrant for Hewlett Packard Paviolion System

with return of officer thereon.

(56-57) At 8:29 a.m., search warrant for Steven Avery's trailer, Charles

Avery's trailer, Alan & Delores Avery's trailer, Barbara Janda's

trailer and the Avery Auto Salvage property with return of officer

thereon.

(127) At 8:30 a.m., search warrant for Cingular - NOT SERVED.

(41-44) Search warrant issued. RE: a single family trailer, red in color,

with white trim around the windows. The trailer has an attached

wooden deck and has the number 12932 on the front of the

residence next to the front entrance. There is a detached garage

next to the residence that is red and blue in color with a single

white garage door and a white service door, occupied by Steven A.

Avery.

Affidavit of Investigator Wendy Baldwin, Calumet County

Sheriffs Department.

(45-46) At 8:37 a.m., search warrant for 12932 Avery Road, Two Rivers,

Wf with return of officer thereon.

(32-40) Search warrant issued. RE: Kodak Easyshare 2730 digital camera,

serial #KCKEP51 101866 owned by Steven A. Avery, Sr., DOB:07-09-1962.

At 2:27 p.m., search warrant for Kodack Easyshare 2730 digital

camera with return of officer thereon.

Affidavit of Investigator Mark Wiegert of the Calumet County

Sheriffs Department.

(27-3 1 ) SEARCH WARRANT TRANSFERED HERE FROM CALUME|£y % ,

COUNTY CIRCUIT COURT.On 1 1-05-05, search warrant issued. RE: a 1993 Pontiac Grand

Am,blue on color, Wisconsin license plate #1 87JJF, registered to

*

Steven Avery, 12930 Avery Road, Two Rivers, WI.

And RE: a 2005 International Harvester Flatbed Tow Truck, red in

color, Wisconsin license plate #GD27469, registered to Charles E.

Avery and Earl K. Avery, d/b/a Avery Salvage, 12928 Avery

Road, Two Rivers, WI.

Affidavit of Sheriff Jerry Pagel, Calumet County Sheriffs

Department.

On 1 1-08-05, at 9:55 a.m., search warrant for 1993 Pontiac Grand

Am and 2005 International Harvester Flatbed Two Truck with

return of officer thereon.

(17-26) SEARCH WARRANT TRANSFERED HERE FROM CALUMETCOUNTY CIRCUIT COURT.On 1 1-16-05, search warrant issued. RE: 801 N. Point Park, West

Palm Beach, Florida 33407, records or data storage of Cingular for

the subscriber Teresa M. Halbach.

Complaint for search warrant signed by Detective Mark Wiegert.

On 1 1-22-07 at 2:49 p.m., search warrant for 801 N. Point Park,

West Palm Beach, Florida 33407, records or data storage of

Cingular for the subsriber Teresa M. Halbach with return of officer

thereon.

(7-16) SEARCH WARRANT TRANSFERED FROM CALUMETCOUNTY CIRCUIT COURT.On 12-09-05, search warrant issued. RE: a single family trailer,

red in color, with white trim around the windows. The trailer has

an attached wooden deck and has the number 12932 on the front of

the residence next to the front entrance. There is a detached garage

next to the residence that is red and blue in color with a single

white garage door and a white service door occupied by Steven A.

Avery, Sr. specifically looking for a wood cabinet/book case.

Affidavit of Investigator John Dedering of the Calumet County

Sheriffs Department.

On 12-12-05 at 10:18 a.m., search warrant for 12932 Avery Road,

Two Rivers with return of officer thereon.

o

338 (1-4)

339

340 (1-4)

341

342 (1-5)

343

344 (1-5)

345

346 (1-5)

Motion for Additional Extension of Time to File Postcon

Motion or Notice of Appeal.

Order from the Court of Appeals dated 04-09-08 ordering that the

Time for filing a notice of appeal or postconviction motion is

extended to 07-08-08.

Motion for Additional Extension of Time to File Postconviction

Motion or Notice of Appeal.

Order from the Court of Appeals dated 07-08-08 ordering that the

Time for Filing a Notice ofAppeal or postconviction motion is

Extended to 10-06-08.

Motion for Additional Extension of Time to File Postconviction

Motion or Notice of Appeal.

Order from the Court of Appeals dated 10-07-08 ordering that the

Time for filing a notice of appeal or postconviction motion is

Extended to 01-05-09.

Motion for Additional Extension ofTime to File Postconviction

Motion or Notice of Appeal.

Order from the Court of Appeals dated 01-06-09 ordering that the

Time for filing a notice of appeal or posconviction motion is

Extended to 04-06-09.

Motion for Additional Extension ofTime to File Postconviction

Motion or Notice of Appeal.

347 Order from the Court of Appeals dated 04-06-09 ordering that the

Time for filing a notice of appeal or posconviction motion is

Extended to 06-05-09.

348 (1-5) Motion for Additional Extension of Time to File Postconviction

Motion or Notice of Appeal.

349 Order from the Court of Appeals dated 06-08-09 ordering that the

Time for filing a notice of appeal or posconviction motion is

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

(1-29)

(1-31)

(1-15)

(1-5)

Extended to 07-06-09.

Part One of Postconviction Motion. ^

Part Two of Postconviction Motion.

Defendant’s BriefRegarding the Admissibility of and Procedure

For Taking the Discharged Juror’s Testimony at the Postconviction

Hearing.

Defendant’s Offer of Proof Concerning the Testimony of Juror

R.M.

(1-1 1) State’s Response to Defendant’s Offer of Proof With Regard to

Discharged Juror R.M.’s Proposed Testimony.

(1-5) Motion to Extend Time for Trial Court to Decide Defendant’s

Postconviction Motion.

(1-10) Defendant’ s Reply Brief Regarding the Discharged Juror’

s

Testimony at the Postconviction Hearing.

Order from the Court of Appeals dated 08-20-09 ordering that the

Time for deciding defendant’s postconviction motion is extended

to 12-01-09.

Writ of Habeas Corpus Ad Prosequendum and Order to Sheriff.

(1-2) Exhibit 1 from motion hearing held on 09-28-09; Court’s

Memorandum Regarding Juror issue.

Exhibit 2 from motion hearing held on 09-28-09; Supplemental

Jury Instruction.

Fourth Order to Unseal Documents.

(1-258) Transcript of Postconviction Motion Hearing held on 09-28-09.

Amended Cover Page of Transcript of Postconviction Motion

Hearing held on 09-28-09.

(1-57) Defendant’s Brief in Support of Wis. Stat. 809.30(2)(h)

Postconviction Motion.

365 (1-63)

366 (1-40)

367 (1-17)

368 (1-6)

369

370 (1-106)

371 (1-4)

372

373

374

State’s Reponse to Defendant’s Postconviction Motion.

Defendant’s Reply Brief in Support of Wis. Stat. 809.30(2)(h)

Postconviction Motion.

State’s Reply to Defendant’s Postconviction Motion.

Motion for Additional Extension ofTime for Circuit Court to

Decide Defendant’s Postconviction Motion.

Order from the Court of Appeals dated 12-02-09 ordering that the

Time for deciding the defendant’s postconviction motion is

extended to 01-29-10.

Decision and Order of Defendant’s Motion for Postconviction

Relief.

Notice of Appeal; Statement on Transcript.

Transmittal ofNotice of Appeal.

Notice of Reporter Re: Filing of Transcript.

Transmittal of Record to Court of Appeals.