ROCHESTER — Shortly after a noon break Thursday, William Klumpp Jr. knelt over a “Banker’s Box” and shuffled through dozens of pieces of evidence he was hoping to submit at the murder trial of 26-year-old Michael Stanley Zabawa.
The assistant attorney general finally stopped and asked fellow prosecutor Waseca County Attorney Paul Dressler to help him sort things out. Klumpp had hoped to call up to seven witnesses. He called two, and one was on the witness stand for less than a half hour at the end of the day.
Thursday was what some attorneys refer to as “CSI day” at the trial. That’s when prosecutors go through the meticulous task of entering mounds of evidence found at a crime scene.
There were stacks of photographs and bags full of physical evidence, such as spent and unspent shotgun shells, that had been gathered from the home where three members of the Kruger family of rural Waseca were found shot two years ago.
“I’m sure we put in over 100 pieces of evidence today,” Klumpp said later.
When the work was done, Christine Funk, one of Zabawa’s three attorneys, asked how much of the evidence could be used to place her client in the Krugers’ home. She asked if the team of Minnesota Bureau of Criminal Apprehension investigators found any fingerprints, clothing fibers, blood samples or hair follicles in the house.
“Did you find any physical evidence linking Mr. Zabawa to the inside of the Kruger house,” Funk asked Gary Walton, the crime scene team leader working the case.
He answered, “No.”
Jurors who already had seen many graphic photos of the murder scene at the farmhouse south of Waseca were shown dozens more Thursday as Walton filled the fourth day of testimony in Zabawa’s trial in Rochester. Zabawa is charged with first-degree murder for allegedly shooting 40-year-old Tracy Kruger and Kruger’s 13-year-old son, Alec.
Zabawa also is facing attempted murder charges for allegedly shooting Hilary Kruger, Tracy’s wife and Alec’s mother. Hilary Kruger, 43, survived the Feb. 3, 2007 shooting. Her younger son, Zak, was sleeping at a friend’s house that night.
The jury listened as Walton used a video to walk them through the path investigators believe Zabawa took as he walked up to the Krugers’ house after crashing his pickup nearby. The video brought them through a garage door, into the house and to the basement where a shotgun was missing from a gun safe. It brought them upstairs to the living room, then up to the second floor. They saw the aftermath of the shootings before the murder victims had been removed.
Hilary Kruger, who had testified Monday, remained in the courtroom, looking down at her lap during the graphic presentation.
Walton described how investigators photographed spent and unspent shotgun casings that littered the hallway outside the second-floor bedrooms in the Kruger house; “defects” on the master bedroom’s door frame, wall and window caused by shotgun blasts; a slug hole and spray of shotgun BBs in the Krugers’ mattress; and spots of blood and pieces of flesh collected from floors, stairs and off a wall just above a wedding photo hanging on a wall in the Krugers’ bedroom.
There were more photos of the bodies of Alec and Tracy Kruger lying where they died that morning, shortly after Alec Kruger called 911 at 3:24 a.m. to report an intruder shot his parents. This time some of the photos highlighted spent casings lying under the bodies, which Walton said had to have been there before their bodies fell. In his opening arguments, Klumpp said that was proof of premeditation.
Many of the photos were of shoe prints and the places where they were found. Some were outside Zabawa’s pickup, which was sitting in a ditch near the house with its front end buried up to the bumper by snow. Others were found next to Hilary Kruger’s Ford Explorer, stuck in another ditch directly across the road from Zabawa’s pickup.
They led up the driveway to outside the Krugers’ garage, where Hilary’s vehicle had been parked. Another set went up the road to William Clayton’s house. His pickup was stolen that morning and found in Matawan, where Zabawa was living with his mother and other family members. “I actually followed those shoe prints all the way up to the Clayton residence,” Walton said.
Walton also told the jury he saw similar footprints at a house where Clayton’s pickup was found at an abandoned house in Matawan. They went out the driveway and toward Zabawa’s house, where he was arrested that day around 7:20 a.m. when he called 911 to report his pickup had been stolen.
Funk said, during her opening arguments, that Zabawa is not denying he crashed his pickup in the ditch and stole the other two vehicles. He is denying having anything to do with the murders.
Zabawa’s house also was searched. Walton said he split up his team, sending Myha Le to that scene because a search warrant that had been issued was going to expire at 8 p.m. Walton said he wanted to stay at the Kruger residence and get to work quickly there so the bodies could be removed.
Klumpp said Le will be the first witness called today.
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