Suspected burial site at Kuss Rd.

* K9 Loof tracked a "strong scent" of Halbach from Avery's property to the suspected burial site.

The **suspected burial site** was a dirt area that appeared to have been disturbed found at the end of the **Kuss Road** cul-de-sac. The area was discovered on Monday 7 November 2005 by a search party led by retired Manitowoc County Sheriff’s Department officer Michael Bushman.

In season 2 of *Making a Murderer* Avery's postconviction attorney Kathleen Zellner argues Avery's nephew Bobby Dassey murdered Halbach at Kuss Road, after he had chased her down when she completed her photoshoot at Steven Avery's. The suspected burial site may have been a temporary resting or burial place for Halbach following the murder, alleges Zellner.

## Description

Kuss Road is road in Manitowoc County. It lies south of the town of Larrabee and west of Avery’s Auto Salvage. At the end of Kuss Road is a cul-de-sac. Between Kuss Road and the Avery property is a gravel pit. The end of Kuss Road and Steven Avery’s trailer are roughly 0,28 miles (450 meters) apart.

At the end of Kuss Road is a forested area, south of its cul-de-sac. Just inside this forested area there was an area of 3′x3′ large (~91cm2) that appeared to have been disturbed and was suspected to be a potential burial site. When the area was excavated a white plastic bag with a "Peat Moss" label was observed on top of an old wooden pallet.

## Investigation and analysis

Officers involved:

* Bill Tyson
* John Dedering
* Rick Riemer
* Sarah Fauske
* John Ertl
* Guang Zhang
* David Siders
* James Lenk
* Andrew Colborn

Monday 7 November 2005 a volunteer search group led by Mike Bushman, a retired law enforcement officer with the Manitowoc County Sheriff's Department, was requested to search areas north and west of Avery's Auto Salvage. At the end of Kuss Road, slightly inside a wooden area south to the cul-de-sac, a three feet by three feet soil, seemingly disturbed, was observed. Co-lead investigator Mark Wiegert was contacted. Wiegert informed Calumet County Investigator John Dedering at about 10:35 and requested someone to respond to Kuss Road. Ten mintes later Dedering arrived at the scene and spoke with Bushman and learned a possible excavation site was discovered. The area was subsequently taped off with crime scene tape.

    Calumet County Officer Bill Tyson, who was searching the Barb Janda residence with James Lenk and Andrew Colborn, was called for assistance at Kuss Road. The three men left the residence at 10:58 hours.

At 11:30 hours cadaver dogs Brutus and Trace, with their handlers Julie and Bob Cramer, arrived at the scene and were requested to check some areas, including Kuss Road. Once on site Brutus gave a bark alert (indicating the presence of human decomposition) and was particularly interested in a shovel lying next to the disturbed earth. When the shovel was removed from the area so it could be checked seperately neither Brutus nor Trace showed interest in it. Upon checking the disturbed soil a second time Trace did not alert, but did show interest. Brutus again barked and alerted.

At ~12:30 hours Forensic Scientist John Ertl of the Wisconsin State Crime Lab was notified that volunteer searchers had discovered, in a forested area at the end of Kuss Road, some disturbed soil that they believed to be a potential burial site. The State Crime Lab's presence was requested.

At 13:30 hours bloodhound Loof, with her handler Sarah Fauske and Calumet County officer Rick Riemer, began a search for Teresa using her scent from her shoes. Loof followed Halbach's scent to Steven Avery's property, including the garage and trailer. At Avery's Loof followed a "very intense" scent track, along the quarry, to the taped off area at Kuss Road. Two deputies at the taped off area were not allowing Loof access.

    When Ertl and his colleagues arrived at the cul-de-sac they were taken a little into a wooded area where Ertl observed soil that, also to him, looked disturbed. To Ertl it looked like a rotten stump where the wood had begun turning into humus. It did stand out because the grasses and moss that were growing in the area around it were not here. A white piece of plastic was sticking up out of the ground. To Ertl it looked like the plastic was decomposing, getting brittle and flaking off. Ertl's preliminary indication was that this was not a burial site. A search warrant needed to be obtained before further examination.

Later that day a written search warrant had been obtained and Ertl and his colleagues returned to the cul-de-sac about 15:00 hours. Tyson's team was notified the State Crime Lab had arrived at the scene and they were requested to assist the State Crime Lab.

Ertl excavated the area, moving it onto a tarp, until he reached the flipside of the white plastic, which had a label with "Peat Moss" on it. It was an old bail of peat moss. Under the plastic Ertl observed an old wooden pallet that had been decomposing into the soil. Ertl noticed there were little perforations in the plastic bag because of plants starting to grow through it. Another indication to Ertl that the area had not been disturbed recently.

## At trial and appeals

### 2007 Steven Avery trial

Kuss Road and the suspected burial site were mentioned in a couple of testimonies, though the prosecution did not seem to derive any argument from it. Perhaps, by simply mentioning the activity at Kuss Road, the prosecution tried to subtly show law enforcement did not just focus on Steven Avery's property, but also investigated leads away from his property.

### 2016 - 2022 Kathleen Zellner investigation

Steven Avery's postconviction attorney Kathleen Zellner believes the soil may be related to the death of Teresa Halbach. In *Making a Murderer* season 2 Zellner shares her theory that Steven Avery's nephew Bobby Dassey witnessed Halbach leave the Avery property, then got in his car and chased after her until he caught up to her at County Road Q where he signalled her to stop. From County Road Q Halbach took a left to Kuss Road and stopped her car there. Bobby, now alongside Scott Tadych, bludgeoned Halbach to death behind her car and perhaps temporarily hid her body at Kuss Road while he moved to vehicle the Highway 147.

## References

1. ↑ *Avery Trial Transcripts*, day 6 - testimony of David Siders, page 150
2. ↑ *CASO Investigative Report*, page 137
3. ↑ *CASO Investigative Report*, page 133
4. ↑ *Scent and cadaver dogs reports*, page 6
5. ↑ 5.0 5.1 5.2 *Avery Trial Transcripts*, day 6 - testimony of John Ertl, page 41
6. ↑ *Scent and cadaver dogs reports*, page 1
7. ↑ 7.0 7.1 *Scent and cadaver dogs reports*, page 2
8. ↑ *CASO Investigative Report*, page 138
9. ↑ *Avery Trial Transcripts*, day 6 - testimony of John Ertl, page 42
10. ↑ 10.0 10.1 *Avery Trial Transcripts*, day 6 - testimony of John Ertl, page 43
11. ↑ *CASO Investigative Report*, page 134
12. ↑ *Avery Trial Transcripts*, day 6 - testimony of John Ertl, page 44