Affidavit of Stuart H. James

STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY

STATE OF WISCONSIN, ) ) Plaintiff, ) ) Case No. 05-CF-381 V. ) ) Honorable Judge Angela Sutkiewicz, STEVEN A. AVERY, ) Judge Presiding ) Defendant. )

AFFIDAVIT OF STUART H. JAMES

Now comes your affiant, Stuart H. James, and under oath hereby states as follows:

1. I am of legal majority and can truthfully and competently testify to the matters contained

herein based upon my personal knowledge and to a reasonable degree of scientific

certainty. The factual statements herein are true and correct to the best of my knowledge,

information, and belief.

2. I am a forensic scientist and bloodstain pattern analyst with James and Associates

Forensic Consultants, Inc. in Fort Lauderdale, Florida. A copy of my current CV is

attached and incorporated herein as Exhibit A. All of the opinions expressed herein are

expressed to a reasonable degree of certainty in the field of bloodstain analysis.

3. In my professional experience, it is extremely difficult to clean blood stains with heavy

applications of bleach and paint thinner.

4. I have examined the following materials in the case of State of Wisconsin v. Steven A.

Ave,y, Manitowoc County Case No. 05-CF-381, received from Attorney Kathleen T.

Zellner:

EXHIBIT

1 6 a. Photographs of RAV -4 vehicle b. Photographs of bone fragments c. Photographs of burn area behind garage d. Photographs of burn barrel contents e. Photograph of blood sample container f. Video and photographs of blood tube packaging g. Photographs of garage and contents h. Photograph of burned cell phone 1. Photographs of blood stain on Steven A very' s bathroom floor J. Preliminary Hearing testimony of Forensic Anthropologist Dr. Leslie Eisenberg k. Trial testimony of Forensic Anthropologist Dr. Leslie Eisenberg I. Trial testimony of Forensic Scientist Nick Stahlke (Bloodstain Pattern Analyst) 111. Trial testimony of DNA Analyst Sherry Culhane (DNA Analyst) n. Closing argument of Defense Attorney Dean Strang o. Closing argument of Defense Attorney Jerry Buting p. Closing argument of Prosecutor Ken Kratz q. Reports of the Wisconsin State Crime Laboratory 1. DNA (l 1/14/05) 11. DNA (12/5/05) u1. DNA (3/31/16) IV. DNA (5/8/06) v. DNA (12/4/06) v1. Field response (11/05/05) v11. Field response (11/06/05) vur. Bloodstain Pattern Analysis (l/31/06) 1x. Firearms report (2/21/06) x. Firearms report (5/10/06) xr. Trace evidence (2/27/06) xii. Trace evidence (5/26/06) x111. Fingerprints (3/8/06) xiv. Fingerprints (4/26/06) r. Two photographs of circled areas on cargo door s. Portion of plastic dashboard from RA V-4 vehicle t. Case communication record of Sherry Culhane . u. Excerpt of testimony of Jolm Ertl v. Case communication record w. Trial testimony of Kevin Heimerl x. Chapters from Ken Kratz's book, Avery: The Case Against Steven Averv and what "Making a Murderer" Gets Wrong, pertaining to blood

5. All opinions rendered in this affidavit are based on new bloodstain pattern recommended

terminology. Specifically, the use of velocity as a determinative characteristic of

7. 7.

6. 6.

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garage

testified testified

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2/26:228-29. 2/26:228-29.

prosecutor, prosecutor,

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24. 24.

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from from

at at a a Tel: 954-485-5904

DATE Forensic

Consultants,

Scientist

BIRTH:

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Physical

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University University

INSTITUTION INSTITUTION

Mary's Mary's

CONTINUING CONTINUING

Graduate Graduate

York York

York, York,

Enforcement Enforcement

INSTITUTION INSTITUTION

States States

College College

New New

District District

Arizona Arizona

Sciences Sciences

Training Training

Arizona Arizona

Virginia Virginia

School School

University University

County County

New New

Pennsylvania Pennsylvania

Hospital Hospital

Colorado Colorado

of of

York York

Depaiiment Depaiiment

School School

Arizona Arizona

York York

Atton1ey's Atton1ey's

Foundation Foundation

Institute Institute

Police Police

Administration Administration

EDUCATION EDUCATION

of of

Medicine Medicine

Academy Academy

of of

Assoc. Assoc.

Justice Justice

ACADEMIC ACADEMIC

Forensic Forensic

COURSES/DEGREE COURSES/DEGREE Homicide Homicide

Bloodstain Bloodstain

Physical Physical

M.T. M.T.

Medical Medical

BA BA

Biology/Mammalogy Biology/Mammalogy

AND AND

Biology/Chemistry Biology/Chemistry

(A.SCP) (A.SCP)

Technology Technology

Microscopy Microscopy

Significance Significance

TRAINING TRAINING

2 2

Investigation Investigation

Evidence Evidence

40 40

Death Death

Forensic Forensic

40 40

Death Death

40 40

Forensic Forensic

Death Death

Forensic Forensic

40 40

Forensic Forensic Chemist1y Chemist1y

COURSE COURSE

PROFILE PROFILE

Hours Hours

Investigation Investigation

Science Science

of of

IN IN

FORENSIC FORENSIC

1980 1980

1979 1979

1974 1974

YEAR YEAR

1973 1973

SCIENCE SCIENCE

YEAR YEAR

1979 1979

1977 1977

1963 1963

1962 1962 1961 1961 New York State Fire Academy Fire and Arson Montour Falls, New York Investigation 24 Hours 1982 Advanced Bloodstain Institute Bloodstain Pattern Laboratory of Forensic Science Analysis Corning, New York 40 Hours 1983

Colby College Forensic Science Waterville, Maine Death Investigation 40 Hours 1984

John Jay College of Criminal Justice Bloodstain Pattern New York, New York Analysis 8 Hours 1985

Advanced Bloodstain Institute Bloodstain Patte1n Laboratory of Forensic Science Analysis Con1ing, New York 40 Hours 1985

Colby College Forensic Science Waterville, Maine Death Investigation 40 Hours 1986 Advanced Bloodstain Institute Bloodstain Pattern Laboratory of Forensic Science Analysis Corning, New York 40 Hours 1987

Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Patten1 Analysts 20 Hours 1988 Denver, Colorado

Annual Conference Bloodstain Patte1n International Association of Analysis Bloodstain Pattern Analysts 20 Hours 1989 Dallas, Texas

Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Pattern Analysts 20 Hours 1990 Reno, Nevada

3 Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Patte111 Analysts 12 Hours 1994 North Miami Beach, Florida

Annual Conference Bloodstain Pattern Laboratmy of Forensic Science Analysis Coming, New York 40 hours 1997

Advanced Bloodstain Pattern Analysis Bloodstain Pattern 1998 Alnold Markle Symposium Analysis University of New Haven and the 16 Hours 1998 Herny C. Lee Institute of Forensic Science. Mashantucket, Connecticut

Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Patte111 Analysts 20 Hours 2000 Tucson, Arizona

Annual Conference Bloodstain Pattern Inte111ational Association of Analysis Bloodstain Patte111 A11alysts 20 Hours 2001 Tucson, Arizona

Annual Conference Bloodstain Patte111 International Association of Analysis Bloodstain Patte111 A11alysts 20 Hours 2002 HaiTisburg, Pennsylvania

Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Pattern Analysts 20 Hours 2003 Odessa, Texas

Annual Conference Bloodstain Pattern International Association of Analysis Bloodstain Patten1 A11alysts 20 Hours 2004 Tucson, Arizona

4 Inten1ational Annual Bloodstain Annual

International Annual Bloodstain

International

Bloodstain Corning, Santa Medico

Las

International Annual Bloodstain Boulder, San

Bloodstain Midwest Sponsored Ames, School International Annual Bloodstain Portland,

Bloodstain Midwest

Ames,

Annual Bloodstain

Atlantic

Inte1national

Vegas,

Antonio,

Barbara,

Iowa

legal

Conference

City,

New

Colorado

Forensics Resource

Oregon

Medicine

Pattern

Patten1

Pattern Patten1

Patte1n

Pattern

Patte1n

Patten1

Nevada

Investigation

Association Association

Association

Association Association

Association

Texas

New

Wayne

York

California

Analysts

Analysts Analysts

Analysts

Symposium

Analysts

Symposium

Jersey

State

of of

University

Death

Center

Bloodstain 20 Analysis

Analysis Bloodstain 20 Analysis

Bloodstain 20

24 Death

Bloodstain 20 Analysis

24 Bloodstain

Bloodstain 20 Analysis

Bloodstain

Analysis

Bloodstain 20

Hours

Investigation

Pattern

Patten1

Pattern

Patten1

Pattern

2005

2006

2007

2008

2009

2010

2010 International

Milwaukee,

LOCATION Annual Bloodstain Bio-Science Los

Department

Memorial

Department Department Mercy

Wichita, Department Culver Johnson Wilson Boca Boca Orlando,

Department

Binghamton, St. Department Binghamton Binghamton,

State

Francis

Angeles,

University

Raton Raton

Medical

City,

Memorial

Conference

City,

Kansas

Florida

Hospital

Pattern

of Wisconsin Cmmnunity

Laboratories

California

Florida

General

Association

PROFESSIONAL

New

Califmnia

New

Pathology

Psychology

Pathology Pathology

Center

ofNew

Hospital

York

Analysts

York

Hospital

York

EMPLOYMENT

POSITION

Medical

Autopsy

Clinical

Blood Chief Teaching

Chief Autopsy

Research Forensic Chief

Laboratmy

Supervisor

Technologist

Chemist Toxicologist

Analysis

Bloodstain 20

Bank

Chemist

Technologist

Assistant

Scientist

Hours

Associate

Supervisor

AND

Supervisor

Forensic

Patten1

EXPERIENCE

YEARS 2011

1964-1965

1963-1965

1965-1967

1967-1968

1968-1969

1969-1975

1975-1977

1977-1981 INSTITUTION

Binghamton, Binghamton, State

Binghamton, New Advanced Binghamton, New

Broome Binghamton, New

State Law Binghamton, Training Department State

Bloodstain Elmira Elmira,

Binghamton, New

Broome Binghamton, New Springfield, Broome Binghamton,

State

Enforcement

University

University University

University

College

New

Community

Cmmnunity

Community

Academy

School

Institute

Illinois

York

New New

New

Law

Academy

York

New

Enforcement

College

York

FORMAL

TEACHING

Private

Forensic

Toxicology

Forensic Applications

and Physical Forensic

COURSE

Death

Phannacology D1ugs

Death Forensic Physical

Basic

Analysis

Basic

Analysis Forensic Extern

Investigation Homicide

Consultant

Alcohol

Science

EXPERIENCE

Bloodstain

Investigation

and

Pro

Evidence

Toxicology

Science

gram

Alcohol

ofD1ugs

Pattern

YEARS

1981-1988

1973-1975

1972-1975

1975-1982

1983-1984

1984

1986

1978

1981

1981 Basic Vestal Law Binghamton,

Tampa Vestal, Tampa, Coming

Con1ing,

University Pontiac,

Oakland Southern Louisville Tampa, University Institute

West and Law Palm

Fox St. Appleton, St, Criminal

Criminal Troy Troy,

Criminal

Petersburg Petersburg,

Management

Valley

Enforcement

State

Beach

Palm

Recruit

Alabama

Senior

Police

New

Florida

Michigan

Community

County

New

Justice

Police

Justice

Wisconsin

University

Kentucky

Beach, Police

Technical

York

Community

New

N01ih Louisville

High School

Academy

York

Jr.

Florida

Institute

Institute Sheriffs

Department

Depaiiment

College

Academy

Technology

Training

York

Florida

School

Florida

College

Department

Systems

Death

Visiting Reconsttuction

Visiting Crime

in Analysis in Basic Basic Analysis

Analysis

Bloodstain

Bloodstain Analysis

Patten1 Crime Collection Bloodstain of Analysis

Bloodstain Analysis

Forensic

Program Summer

Forensic

Evidence.

Bloodstain

Investigation

Scene

Analysis

Lecturer

Internship

Science

Course

and

Pattern Pattern

Pattern

Patten1

Science

Bloodstain

Processing.

Preservation

Pattern

1984-1988

1987-1988

1986

1990 1990

1993

1995 1994

2000

1998 Henry

West University

Toronto,

Centre

Toronto, Canada

Centre Investigation Politie Canada Zutphen,

Investigation Politie

Zutphen,

Investigation Politie

Zutphen,

Fox Appleton, Criminal Mid-Atlantic Forensic Baltimore, Newcastle

Fox Appleton, Criminal

University

England,

Boston,

Suffolk

Valley

Haven,

LSOP

of LSOP

University

Massachusetts

Ontario

Scientists

The

Justice Lee The

The

Justice

Forensic

Wisconsin

upon

Maryland

Technical

Connecticut

New

and

and Institute Association

Institute Institute Institute

Netherlands

Newcastle

Netherlands

Tyne

Department

Crime

Haven

Sciences

Fall

College

for

Workshop

Science

Science Science

upon

Forensic

Criminal

of Criminal

Tyne

Science

Patterns Geometric Basic of

Forensic Analysis

Basic

Forensic Analysis

Basic Analysis

Advanced Analysis

Advanced

Basic Analysis Analysis

Bloodstain

Crime

Basic Analysis

Advanced Analysis

Human

Bloodstain

Scene

Scientists

Scientists for

for

Course

Bloodstain

Interpretation

Bloodstain

Analysis

Bench

Patten1

Pattern

Patte1n

Pattern

Patte1n

Pattern

Patte1n

Pattern

Work

2001

2001 2001

2002

2003

2004 Florida Atlantic University Intern Program 2004 Boca Raton, Florida 2005

Redmond Police Department Basic Bloodstain Pattern Redmond, Oregon Analysis Course 2005

Pennsylvania State Police Advanced Bloodstain Hanisburg, Pennsylvania Pattern Analysis Course 2005

Metropolitan Police Basic Bloodstain Patten1 London, England Analysis Course 2005

Austin Police Department Basic Bloodstain Pattern Austin, Texas Analysis Course 2005

Tombull Police Depaiiment Advanced Bloodstain Tombull, Texas Pattern Analysis Course 2006

Weste1n Australia Police Academy Advanced Bloodstain Perth, Weste1n Australia Pattern Analysis Course 2006

Metropolitan Police Advanced Bloodstain Patte1n London, England Analysis Course 2006

San Diego County Sheriffs Depaitment Advanced Bloodstain Pattern San Diego, Califmnia Course 2006

Des Moines Police Depaitment Basic Bloodstain Patte1n Des Moines, Iowa Analysis Course 2007

Douglas County Sheriffs Office Basic Bloodstain Patten1 Omaha, Nebraska Analysis Course 2007

University of South Florida Basic Bloodstain Patte1n Tampa, Florida Analysis Course 2008

Elmira College Advanced Bloodstain Pattern Elmira, New York Course 2008

Metropolitan Police Basic Bloodstain Pattern London, England Analysis Course 2008

10 The Elmira Elmira, The New Metropolitan London,

Board New

Board Distinguished

Exhibitor Illinois,

Medical Exhibitor

Medical Rock

Member Washington,

Consultant

Planning

Member

1980.

1971-1979.

Inte1national

American

York,

York

Concert

Member

College

New

1973.

Volunteer

England

Volunteer Board, of

Rock

the

New

MEMBERSHIP

the

York

D.C.,

Police

Member.

Academy

New

the

Scientific

JFK

Binghamton,

HEW Scientific

York,

Concert,

Association

the

and 1973.

the

Southern

and

York

Stadium

State

Toxicologist

Committee

Broome

1973.

Toxicologist

PROFESSIONAL

State

1973.

Section

Forensic

University

New

Tier

Crime

Bloodstain

County,

Philadelphia,

PROFESSIONAL

York,

for

Sciences.

the

Laborat01y Advisory

the

New

Medical

the

American

New

American

1975-1981

Medical

New

Medical

Patte1n

Advanced

Advanced Analysis Course

York

ACTIVITIES

Pennsylvania,

Fellow

York

Care

York

Medical

Facility

Analysts.

State

Academy

ORGANIZATIONS

Facility

Dmg

Course

-Toxicology

Bloodstain

Large

Binghamton

Regional

Awareness

Board,

Association

1975.

the

Youth

Pediatrics,

Peter

Pattern

Section.

1975-1981.

Watkins

Criminal

Dmg

Center.

Frampton

Gatherings

Conference,

2009

Chicago,

Glen,

Council,

Justice

1970-

in Florida Pathology,

Forensic Member Member Tallahassee, Member

Paiiicipant

Consulting

Member Patten1 Editor 2010 (SWGSTAIN)

Editor

Appointed Licensed Board

Licensed

Interpretation

Evidence,

Elected Ce1iified Patte1n

1997.

Analysts,

1999-present

Sciences

the

Registry.

the

1988

Distinguished

the

Bloodstain

Medical the Legal

the

division

Florida,

Journal

Competent

Special

Inte1national

the