Day 7 - February 20, 2007
William Tyson testified about the residence search and limits on his oversight of Manitowoc officers. Andrew Colborn described the discovery of a Toyota-emblem key and was questioned about a recorded plate inquiry; James Lenk described the counties' search roles.
Full day summary
1. William Tyson — Cross/Redirect (Part 2)
William Tyson answered cross-examination about the RAV4 and the search of Avery's residence on Day 7, then addressed SUV scene security on redirect.
Highlights
William Tyson — CrossadmissionTyson described the instruction that Manitowoc officers not be alone on the property and acknowledged he could not watch their every movement during the roughly three-hour residence search.William Tyson — Cross“I cannot sit up here and look at you guys and tell you that three hours inside that residence that I didn't turn my back, walk away, glance away; so I can't say that every second of the close to three hours I was making direct eye contact with them or watching every move they made.”— William TysonTyson directly qualified how completely he could observe the Manitowoc officers' search.William Tyson — Crosstestimony highlightTyson confirmed that examination of the headboard did not reveal marks around its spindles consistent with restraints having been secured there.William Tyson — Crosstestimony highlightTyson said he saw no car key in the bedroom during the November 5 search and was not with Lenk and Colborn when, according to his understanding, a key was found on November 8.William Tyson — Crosstestimony highlightTyson described negative presumptive blood tests on selected seized items and said examination of separate hallway and bedroom carpet samples showed no pattern or finding consistent with the blood evidence counsel suggested.
2. Andrew L. Colborn — Direct/Cross (Part 1)
Colborn described searches of Avery's property and the discovery of a Toyota-emblem key; Strang then questioned his reports and a recorded dispatch call.
Highlights
Andrew L. Colborn — Direct“I will be the first to admit, I wasn't any too gentle, as we were, you know, getting exasperated. I handled it rather roughly, twisting it, shaking it, pulling it.”— Andrew L. ColbornColborn's account of how he handled the bookcase before the key was noticed.Andrew L. Colborn — Directtestimony highlightColborn says Lenk pointed out a Toyota-emblem key on the bedroom floor after the bookcase search. Colborn says he was surprised, the key was photographed before anyone touched it, and the team observed a gap at the bookcase's back panel.Andrew L. Colborn — Directevidence eventThe court receives the key as Exhibit 211. Strang says the defense contests the exhibit but does not object to its authentication, identification, or admission.Andrew L. Colborn — Crossevidence eventThe defense played a recorded dispatch call about plate SWH-582. Colborn believed the voice was his, guessed the call was on November 3, and denied looking at the plate when he made it.