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Who lied what_a_jem or NYJohn View On reddit.com
submitted 8 years ago by NewYorkJohn posted in
/r/supermam
1) u/what_a_jem insists that Lenk admitted at trial that he and Colborn volunteered to search the trailer on the day they found the key. Jem additionally insisted that it is a fact that this admission was true and not simply a misstatement or poor choice of words. Finally Jem insists NYJohn lied when denying that Lenk admitted this at trial and lied about it not being a fact that they volunteered.
This is the key testimony cited:
Q Okay. Uh, now, later that evening, or afternoon, you, um -- you volunteered to be one of the officers who searched Steven Avery's residence?
A We were asked to assist in searching the residence, yes.
Q Well, all right. Page 203 [of pretrial testimony] Do you recall being asked this question and did you give this answer?
"So you volunteered to be one of the officers who searched Steven Avery's residence?" Your answer: "Yes, sir."
Was that your testimony?
A Yes, sir.
Q And, then, uh, as far as you know, Lieutenant Lenk, Sergeant Colborn also volunteered to be one of the searchers of Steven Avery's residence?
A Yes, sir, I believe so.
Q And, uh, Detective Remiker?
A Yes, sir. Correct.
Q Now, that first search on November 5, uh, started about 7:30 in the evening?
A Yes.
2) u/NewYorkJohn pointed out first of all that the issue being discussed in that testimony was the 11/5 search not the 11/8 search where the key was found. Moreover, the supposed admission was in pretrial testimony defense lawyer used the words volunteer not Lenk. Lenk simply said yes in the pre-trial hearing and did so in the context that they volunteered to assist at the crime scene not in the context of that they volunteered to do that specific task.
At trial he realized the defense lawyer was trying to distort rejected the notion he volunteered to do that task and said, "We were asked to assist in searching the residence". The defense lawyer referred back to his pre-trial testimony to try to get him to admit he volunteered because the defense lawyer used the word at the time and he said yes.
On redirect the prosecution took apart this BS the defense was trying to pull to pretend he volunteered specifically for the search:
Q Now, once again, uh, Lieutenant, I asked you this, uh, yesterday, but on the 8th of November, and in every other day, did you know what your responsibilities were going to be when you got to the Avery salvage property?
A No, sir.
Q Did you know in which buildings you were going to be assigned?
A No, sir.
Q Did you even know if you were going into any buildings?
A No, sir.
Q What was the next assignment you received on the 8th?
A After we retrieved the firearms from that vehicle, um, Deputy Kucharski received, uh, information to go back to the Steven Avery trailer.
Kucharsky testimony:
A Well, I was given the -- basically a team leader position from, uh, Lieutenant Bowe, who said -- told me to take control of the team and -- and give assignments as needed.
Q. The next day, on the 8th, Tuesday, the 8th of November, did you return to the Avery salvage property?
A. Yes, I did.
Q. And on that date, were you assigned a search team?
A. Yes, on that date I was searching with Lieutenant Lenk
and Sergeant Colborn.
Q. Do you remember where the three of you went to search that day?
A. We searched several places including we were sent to Steven Avery's trailer to do a thorough search
There is considerably more testimony about how men were put into teams and given assignments by the person in charge of the Command Post.
Evidence in the CASO report (especially page 146) detailing how assignments were given out in general) as well as testimony of all involved details that men were broken up into teams, the Command post would assign tasks to these teams they didn't get to choose where they would search and teams were no asked to volunteer to search specific places they were simply assigned.
All the evidence concerning the 5th details Wiegert assigning the search of the trailer to the team not requesting volunteers to search it thus even if Lenk had admitted at trial he volunteered to search it that such would have been a false admission because the evidence proves it is false.
All the trial testimony and evidence in the CASO Report concerning 11/8 detail Lt Bowe assigning the team to search Avery's trailer not them volunteering thus even if Lenk had answered yes to volunteering to search the trailer on the 8th then likewise it would have been demonstrably false but he didn't claim that. He testified he was on a team that was assigned to search Avery's trailer on 11/8.
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3) Now it is your time to vote
Choice 1 The evidence proves that Lenk admitted he and Colborn volunteered to search the trailer on 11/8 and the evidence also objectively proves that Lt Bowe asked for volunteers to search the trailer on 11/8 and that they came forward and volunteered thus proving NY John to be a liar
Choice 2 The evidence proves that Lenk testified his team was assigned the task of searching the trailer on 11/8 and moveover the evidence objectively proves that Lt Bowe assigned the task of searching the trailer on 11/8 to Kucharsky's team thus proving NYJohn to be correct and Jem to be a liar.
Your vote: The evidence proves that Lenk testified his team was assigned the task of searching the trailer on 11/8 and moveover the evidence objectively proves that Lt Bowe assigned the task of searching the trailer on 11/8 to Kucharsky's team thus proving NYJohn to