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But once the jury was sworn in, his cordiality vanished.
Not a big deal.
A criminal investigation and prosecution is not a popularity contest.
In fact, Teresa had been living with Hillegass best friend, Scott Bloedorn.
I tried to highlight this law enforcement bias in my cross-examination of Hillegas.
Did the police ever ask you for any kind of alibi for October 31?
They never asked your whereabouts whatsoever?
A. I dont believe so.
And thats why I was there to help.
A. I dont know that.Q.
It was double-parked along a single-file row of vehicles, sticking out noticeably in the lane.
A. I didnt at that time.
I had no idea.
Looking at it now, do you think you got lucky?
A. Yea Well, not lucky, God showed us the way; I do believe that.
I scoffed but hastened to explain that this was not because of any doubts of mine in divine power.
Not that I dont believe thats not possible, I said.
I just dont believe her.
They went right to that thing.
Once again, hed made a vital discoverythe garagethat had already been searched many times.
You would be hard-pressed to find more tension in a courtroom than that day as Dean began his cross-examinations.
Kucharski was the only non-Manitowoc County officer present at the time that the magic key was discovered by Lenk.
Both of us are Catholic.
Lets go to church, Dean suggested.
The Halbachs were Catholic and might very well be going to services that evening.
In the liturgical calendar, Ash Wednesday opens the forty days of preparation for Easter.
As a Catholic, I believe that it is a chance to taste the goodness of God.
My walk down the aisle also gave me a taste of the condemnation of the community.
Almost as soon as we walked in, there was knock on my door.
Do you mind if we come in and do a quick shot?
We started grumbling.No.This is too much.
Were tired, and we have another big day staring at us.
Come on, Moira Demos pleaded.
Well just set up in the back- ground.
We wont say anything.
We agreed, reluctantly, and started our work.
But the filmmakers, with their heavy stake in documenting the entire process, were there for keeps.
Dont you want to clean up?
Dean and I were puzzled.
We never fussed or primped before their filming sessions.
Dont you want to wipe the ashes off ?
No, Dean said, we dont want to clean it off.
you’re able to film us like this.
This is who we are, I said.
That was his first day inside Averys home, but it was not Lenk and Colborns.
They had both previously searched Averys bedroom and found no key.
I got the answer earlier in the trial, when I cross-examined Calumet County sergeant William Tyson.
But Tyson was replaced by low-level deputy Dan Kucharski on the day the key was discovered.
But as Kratzs questioning progressed, he backed away from that position.
I was taking photographs.
I was searching the nightstand.
All right, Kratz said.
And is that in the sense of, anything is possible?
Kucharski ran with that.
Thats in the sense of its possible aliens put it there, I guess, he replied.
Cross-examination was an opportunity for me to drive that message home, using Kucharskis own memorable language.
Almost as soon as I began, I went to the question of extraterrestrials.
There werent any aliens in the room, right?
Not that I know of, Kucharski said.
Had he even been watching Lenk and Colborn?
This was the first essential point I wanted to make.
Three people in that little bedroom, right?
Yet, suddenly, that key magically appeared in plain view on the floor next to a nightstand.
There had been no aliens in the room that day.
Only Lenk and Col- born, and he conveniently distracted Kucharski.
It felt like a good day for the defense.
Copyright 2017 by Jerome F. Buting
Reprinted here with permission from Harper, an imprint of HarperCollins Publishers
