Steven Avery Jury Trial Day 2 - 02.13.2007

bessie

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Steven Avery Jury Trial Day 2

13 February 2007
290 pages

WITNESSES
  • Angela Schuster
  • Dawn Pliszka
  • Curtis Drumm
  • Steven Schmitz
  • Joellen Zipperer
  • Ryan Hillegas
  • Pamela Sturm
EXHIBITS
  • 11-35
 
Did they talk about hustle shots in the documentary? It's been so long since I've watched it....can't remember.
 
Ok So I am just gonna sort out my thoughts and questions here for a moment, I just read the Two Auto Trader Employees Testimony From day 2, Feb 13 2007.. Forgive me if I start rambling in advance.

First up on the stand from Auto Trader, TH's Manager AS......

First off I heard of the Last Min Appointment Sheet that was filled out. Testimony says that this is when a person such as SA calls in less than 24 hours in advance. When this happens the customer is told that the photographer MAY or MAY NOT be able to make that appointment that same day.
(So SA had know way of knowing she was even coming till someone gave him the message after 11:43am.)

However areas like Manitowoc/Sheboygan that are not as busy for Auto Trader they appoint a photographer once a week. Monday appointments would be the day for scheduling this area. Since Jun of 2005 Teresa had been assigned to this area. TH had been working for about a year in Oct 2005. AS admits that her staff would have had more contact with TH, and that she herself had only met TH once when she interviewed in 2004. The WI office that AS works at is in the Milwaulkee area. All of the business conducted between AS and TH was done so through Phone, Fax, And E-mail.

AS goes on to talk about the Telemarketing part of Auto Trader. How the company at the time was base in Florida and would get leads from local papers and such of listed cars for sales by owner and make contact with them. AS goes to say that when they get a lead the Telemarketer will either call in that lead with the customers information, or Telemarketer will have the customer call into Auto Trader to make an appointment. Then someone in the office would prepare a form of some kind and fax it to the photographers for their appointments. She testifies this is how TH got the appointment for GZ. AS also testifies that this is how contact was made LATER that same day of Oct 31, 2005. (Is this the third appointment coming in that day? I will come back to this.)
AS also states that repeat customers are a common occurrence with Auto Trader.
AS as manager knows the forms and is the one who receives the end of the day faxed in report before she is over nighted the Disk with pictures of her previous day's car photos, the Money, The sheet that was originally faxed to her that morning and any other forms.
AS also testifies about these exhibits that are forms sent in to get paid. TH is paid 8.75 for one photo, and 18.75 for what they call HUSTLE SHOTS. Private party photo shoot, that TH would set up on her own. Shoots that the office would not know about until after they turned in their daily work report. Examples of Hustle shots are, taking a picture of a car at one customers and being asked to photo graph another. Or someone calling her directly to ask if there was a way to get their photo done as well. At one time TH had done 12 of these Hustle shots in 15 days.
AS testifies that she did take a message from TH that day while the Auto Trader Receptionist DP was on her lunch break. That this call happens a little after 11am. TH was returning DP's call from earlier that morning about being able to take the appointment she left a message about at 9:46am that morning. (Not testified but is this who gave her BJ's number that was written down in DP's notes of the 8:12am call from SA? I ask because it was also after 11, 11:43am when TH left the message on BJ's answering machine.)

AS testifies she found out about TH being a missing person from TH's mom KH, who had called the office.

__________________________________________________________________________________________

I am left thinking and questioning. If this was a Last Min Appt and was told that he MAY OR MAY NOT get that appointment that day, If not they would schedule it for the next week. How does this fit into the "he was targeting her" theory? He didn't even know if TH would show up, till TH left that message on his sister machine. Second thing is the telemarketing appointment with GZ. It was said that appointment was set that same day, Yet they used a different form because it was from the Telemarketer? When exactly was that sent to TH on Oct 31? And when exactly had TH set up that appointment with GZ, was he the third customer she would visit?
 
MysticJynx

I am left thinking and questioning. If this was a Last Min Appt and was told that he MAY OR MAY NOT get that appointment that day, If not they would schedule it for the next week. How does this fit into the "he was targeting her" theory? He didn't even know if TH would show up, till TH left that message on his sister machine. Second thing is the telemarketing appointment with GZ. It was said that appointment was set that same day, Yet they used a different form because it was from the Telemarketer? When exactly was that sent to TH on Oct 31? And when exactly had TH set up that appointment with GZ, was he the third customer she would visit?

I think him being told the the photographer may or may not be able to get to him that day also explains the phone calls . He calls auto trader and it told ,pretty much "we will see " expect a call , Then TH call BJ's , Then SA's might have not even known it was TH depending on how he received the message from BJ's house. Did someone call him and give him the message or did he walk over and get it off the machine, anyway he calls the number ,and she says yeah I will be there but not sure of the time yet etc.. So later he calls back to maybe because she said to check with her or because he wants a time.

Her testimony makes the 2 calls seem less odd, and he didn't even ask for her by name.
The GZ appointment testimony was the most interesting. I have wondered though out this whole ordeal if that appointment was the 3rd ,because in the media it was reported the Avery was her 2nd stop repeatedly in the first days of her being missing, I believe that to be because of the time Mrs Z gave LE the first visit was really 3-3:30 like she says on the stand until presented with an officer written statement she signed. I think if the Z stop was her last stop it would just spin this case on it head. The cell tower information , where is that?
 
Why did they take the recorded message from BJ's answering machine and not from GZ's? Supposedly she did leave a message there about being lost and needing further direction of some sort. Maybe it was the last call that day that her cell phone actually was said to have been used from the phone itself. Who was that 2:41pm call to? Could that have been the message that she was lost? If I remember off the top of my head that phone call was about 1min. 20sec.
 
Why did they take the recorded message from BJ's answering machine and not from GZ's? Supposedly she did leave a message there about being lost and needing further direction of some sort. Maybe it was the last call that day that her cell phone actually was said to have been used from the phone itself. Who was that 2:41pm call to? Could that have been the message that she was lost? If I remember off the top of my head that phone call was about 1min. 20sec.

The timing of her being lost and her showing up there are 3 seems to match the phone call the autotrader at 245, I forgot what time the machine recorded the call but Daylight savings time could have effected this recording on Mrs Z end . , so it if she called at 300 ,the machine would have made it look like 2. ect for example, Which could have went unnoticed by Mrs Zimmer that afternoon when she told police the machine said such and such..and could have left her with an earlier impression that was incorrect and conflicted with her actual memory of what time it was. SA's is ten minutes from Z's.

This is something the would not conflict with testimony.
 
So I've read Day 1 and now on Day 2 with Ryan. Ok so they print out her cell phone records and contact all the last calls but NOT the Avery's? hmmm Why not?
 
<SBM>...I am left thinking and questioning. If this was a Last Min Appt and was told that he MAY OR MAY NOT get that appointment that day, If not they would schedule it for the next week. How does this fit into the "he was targeting her" theory?...<SPM>

Beginning on page 22, line 5, Attorney Kratz asks Angela Schuster to comment on 6 exhibits depicting published AutoTrader magazine car photographs at the Avery Salvage Yard.

All are dated 2005:
  • June 20 (exhibit no. 11)
  • August 22 (no. 12)
  • September 19 (no. 13)
  • September 19 (no. 14)
  • September 29 (no. 15)
  • October 10 (no. 16)

KK then concludes his presentation to Shuster with, "...And, finally, image No. 16, taken on October 10th, 2005, again at Avery -- actually, Steven Avery's residence, right outside of his garage...". (page 24, line 9, my emphasis)

Two things, IMO:
  • KK wants the jury to feel that SA is reasonably well acquainted with TH; perhaps even targeting her on a bi-monthly basis,
  • and this familiarity more or less explains to me why TH walked towards Avery's trailer from BJ's "junky car" after photographing it on Oct 31.
 
<sbm>..."we will see" expect a call , Then TH call BJ's ,Then SA's might have not even known it was TH depending on how he received the message from BJ's house. Did someone call him and give him the message or did he walk over and get it off the machine, anyway he calls the number ,and she says yeah I will be there but not sure of the time yet etc...<sbm>

The only person home at BJ's at the time of TH's call was Bobby, according to testimony. And he denies ever hearing or accessing his mother's recording machine at the time of that call. (Day 3, page 42; Day 4, ppg. 31-32)
 
Personally, I'm having a tough time with TH leaving a message on the answering machine and supposedly SA is the only one who hears it. Again, a bit convenient for everyone else I think. In prior testimony, BoD and ST have each given conflicting statements. I do see the whole SA has TH out on a regular basis. Wasn't this the norm? Was JS locked up during those times, or no?
The only person home at BJ's at the time of TH's call was Bobby, according to testimony. And he denies ever hearing or accessing his mother's recording machine at the time of that call. (Day 3, page 42; Day 4, ppg. 31-32)
 
Dawn and the account information:

In Dawn's testimony, she claims that she had to make a new account because she could not find the account in the system. Her claim that she could barely understand Avery on the call doesn't hold water. She was able to get the complete address, name and number. Plus, if he requested the same person as last time, wouldn't she tell him on the phone that she couldn't find his acct, therefore, she has no idea who was out there last time?

This whole thing that she had to get him off the phone quickly, so she just made a new account business is bogus. What company wants you to rush a customer off the phone and just make a new account? How do you keep up with repeat customers if you just keep making new accounts when you can't find an account?

She probably couldn't find it because the account on the Sept work sheet says Tom Janda. The address is 12930 A Avery road. But the address Dawn put in the for 10/31 was 12930A Avery road.

The phone numbers are different. The one on 9/19/05 ends in 4860. The number Avery gave her ended in 8715.

But I don't see why Dawn couldn't have searched the records for just the last name Janda to find it. Why couldn't she try searching the address by separating the "A" from the rest of the house number? Why did she even write the A as part of the house number?

Dawn also says that if the photographer can't make the same-day call, AT will call back to reschedule. So does AT call back to say that photographer is indeed coming or do they just leave it up to the photographer? Because, from the way it appears, SA was just waiting around without a time unless he went into Janda's house and checked her messages. So how does he know if Teresa is actually coming?

Maybe that's why he calls in the afternoon a few times. I don't know why he *67 the number, and I wish we had his phone records, and hers, far enough back to see if he did indeed call her on her call phone for 10/10 and if he'd used *67 then also.

I don't understand why he didn't communicate again with AT to verify the appt. I don't understand why he would risk TH leaving a voicemail for Janda if he'd been intending to kill TH from the time he called AT. Why didn't he check Janda's messages or get Brendon to do it? It just makes no sense if you are premeditating murder but you never got call that your victim is indeed coming, and the number you gave to RSVP is in for a phone in someone else's house! Could he have used his landline to call Janda's voicemail box? Well, if so, you'd think he'd delete TH's message if he checked it, so...

The defense made a good case for the idea that he could have just straight up called Teresa without making an appointment for murder. And if he'd done that using *67, would this have been linked to him so quickly? Or at all?
 
Have you seen the series &#8216;Murder Made me Famous&#8217; on Reelz tv network? They did an episode on Steven Avery where they re-enacted what would have happened had Steven and his Nephew killed Teresa Halbach and it&#8217;s worth a watch for anybody who has followed this case. No matter what you believe regarding Avery&#8217;s guilt or innocence, it&#8217;s necessary to consider what the state alleges happened and what Steven has been convicted of. I got chills watching this episode because actually seeing Teresa&#8217;s Murder re-enacted was emotional and profound. Here&#8217;s a link to an article about the episode. http://www.rollingstone.com/tv/videos/steven-avery-case-recreated-in-murder-made-me-famous-w431749
 
If I was just released from prison and in the mist of a multi-million dollar law suit against the police in the county who put me there, I would *67 everyone outside of my immediate circle of family and friends. I wouldn’t want to run the risk of my phone number being handed out to anyone I didn’t know.


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