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  1. #1
    Join Date
    Aug 2008
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    New Orleans, LA
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    Steven Avery Jury Trial Day 23 - 03.14.2007

    Steven Avery Jury Trial Day 23

    14 March 2007
    260 pages

    • Individual Voir Dire
    • Instructions
    • Closing Arguments - Attorney Kratz
    • Closing Arguments - Attorney Buting
    • Peremptory Strikes
    Last edited by bessie; 01-20-2016 at 01:19 AM.
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  2. #2
    Join Date
    Jul 2008
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    596

    The Defense fails to remind the jury of an important point in the Theory Of Defense

    Day 7: Trial Transcripts -- Beginning with page 20, line 12 and ending with page 32, line 5, we have a very interesting cross examination between Attorney Buting and Detective Tyson regarding the first search of Avery's bedroom at 7:30 pm on the night of November 5.

    Q. (Buting) You never let them out of your eye sight, did you?

    A. (Tyson) 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.

    [...]

    Q. All right. I apologize for that delay. But, I believe you said that at one point you were watching them so carefully that Mr. Lenk, Lieutenant Lenk, excuse me, walked out of the bedroom into the bathroom area, right?

    A. Correct.

    [...]

    Q. Just inside the doorway, right. Okay. But you mentioned that when Lieutenant Lenk went out into the bathroom, you repositioned yourself in the doorway so you could see him in the bathroom and those [Remiker and Colborn] in the bedroom, right?

    A. Yes.

    [...]

    Q. And so that, of all places, you knew was important that you make sure that these Manitowoc officers not be along? (sic)

    A. Correct.

    [...]

    Q. Well, you know that people put toothbrushes in their mouth all the time, right.

    A. With toothpaste, yes.

    Q. Okay. And so that it would be a fertile source of one's DNA
    Then compare Buting's closing Theory of Defense argument in Day 23: Trial Transcripts by using CTRL+F (find) keyword LENK (29 hits), and by closely following Butings' remarks through pages 170 to 184.

    In my opinion, during his closing argument, Buting fails to draw the jury's memory back to Lenk's initial movement into Avery's bathroom on Nov. 5. That is, Lenk is the specific target of the Theory of Defense; the jury needs to be reminded with that pinpoint clarity of a microscopic view into Lenk's activity, as Buting has done in his cross examination of Tyson (above Day 7:Trial Transcripts); but Buting fails.



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