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Steven Averytrial-daytrial-dayKenneth R. KratzDean A. StrangDaniel KucharskiJames LenkDave RemikerdirectcrossredirectrecrossDay 8 - February 21, 2007Lenk described finding a key beside Avery's bedroom cabinet and was questioned about its appearance, a possible blood vial, and his search accounts. Remiker testified about the early searches, the RAV4, and a later garage bullet fragment. Kucharski began describing the November garage search and its shell casings.
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Day 8 - February 21, 2007

Lenk on the Key, Remiker on the RAV4, and Garage-Search Evidence

Judge Patrick L. Willis
13Proceedings
9Pages
3Witnesses
2,625Lines
Day 8 of 27
Appearing:

Lenk described finding a key beside Avery's bedroom cabinet and was questioned about its appearance, a possible blood vial, and his search accounts. Remiker testified about the early searches, the RAV4, and a later garage bullet fragment. Kucharski began describing the November garage search and its shell casings.

Full day summary

James Lenk testified that he saw no key when he checked slippers beside Avery's bedroom cabinet, then found one on the floor after Colborn moved the cabinet and Lenk briefly left the room. Lenk said officers believed it had fallen through an opening in the cabinet; he did not see it fall. He denied planting the key or blood. Outside the jury's presence, the court allowed questions about a 2002 evidence transmittal while noting that no evidence of a blood vial had yet been received at trial. On cross-examination, Lenk acknowledged that his current account of his November 5 arrival time differed from an earlier sworn estimate, and said he had not told lead investigators about his recent deposition in Avery's civil lawsuit before joining the searches. Detective Dave Remiker described a brief November 4 search of Avery's residence and said he then had no other reason to think Avery was involved. He testified that he matched the RAV4's VIN to Teresa Halbach's vehicle and directed officers not to touch it. He also described an answering-machine recording admitted as Exhibit 218 and a bullet fragment found during a March 2 garage search. Outside the jury's presence, counsel addressed an undisclosed report; the defense did not seek a mistrial and said the parties had agreed on a curative measure, without describing it here. The court later denied the State's request to question Remiker about Avery's prior conviction. Daniel Kucharski then testified that the November 6 garage-search team found an estimated 10 or 11 .22 long rifle shell casings.

1. James Lenk — Direct/Cross (Part 2)

James Lenk described the discovery of a key during the trailer search, then answered questions about planting allegations and evidence handling.

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Procedural
Morning call and appearances
6 lines
Direct
James Lenk — Direct James Lenk Kenneth R. Kratz
163 lines

Lenk described finding the bedroom key after the cabinet was moved, the officers' belief about its source, and his denial that he planted evidence.

Cross
James Lenk — Cross James Lenk Dean A. Strang
112 lines

Lenk denied planting blood, described the limits of his evidence-custodian role, and distinguished his paperwork from another deputy's retrieval of 1985 case evidence.

Highlights

3. James Lenk — Cross/Redirect/Recross (Part 3)

Strang questioned Lenk about his revised arrival time, the bedroom key, and his civil-case deposition; Lenk denied planting evidence on redirect.

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Cross
James Lenk — Cross resumes James Lenk Dean A. Strang
1000 lines

Strang challenged Lenk's arrival time, the bedroom key's discovery, search documentation, and his failure to disclose a recent deposition in Avery's lawsuit.

Redirect
James Lenk — Redirect James Lenk Kenneth R. Kratz
90 lines

Lenk addressed accusations of planting evidence, evidence custody, cell-phone use, and repeated searches; the court sustained objections to speculative questions about a key and fitness card.

Recross
James Lenk — Recross James Lenk Dean A. Strang
63 lines

Lenk addressed a possible use for the scanner, qualified his knowledge of the license-plate call, and confirmed his transmittal-form role; Exhibit 214 was admitted.

Highlights

6. Dave Remiker — Cross (Part 2)

Remiker was questioned about the November contacts with the Zipperers and Avery, dispatch calls after Halbach's Toyota was found, and what the early searches revealed.

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Cross
Dave Remiker — Cross Dave Remiker Dean A. Strang
479 lines

Strang tested Remiker's early focus on Avery through dispatch calls and questioned the warrant, residence searches, and gap between garage shell casings and the later bullet-fragment discovery.

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