James Lenk

photo of James Lenk from AVERY: the Case Against Avery and what Making a Murderer gets wrong

## Investigation information

### Evidence found

RAV4 car key

**James (Jim) Lenk** is a retired lieutenant with the Manitowoc County Sheriff’s Department. Lenk was one of the Manitowoc County resources requested by Calumet County Sheriff’s Department to participate in the investigation of Steven Avery in 2005 and 2006.

In 2005 Lenk, along with several other officers and officials within MTSO, gave sworn testimony about their knowledge of the 1985 Avery case. Shortly after photographer Teresa Halbach went missing after an appointment with Steven Avery. Lenk, Colborn and other officers were requested to aid in the investigation.

Lenk is credited with finding the victim’s car key in Steven Avery’s residence, though Avery’s defense attorneys and viewers of *Making a Murderer* argue Lenk, together with fellow MTSO officer Colborn, planted the key in Avery’s residence. Lenk, particularly in season 1 of the documentary, is also argued to have been involved with planting a bullet in Steven Avery’s garage and Avery’s blood from an old vacutainer tube in Halbach’s vehicle.

## Early life

In the early 1980's Lenk took up his first law enforcement job when he became a patrol officer with the Detroit Police Department in Detroit, Michigan. After four years he left the DPD for a job at Michigan Bell Telephone Company’s corporate security department for about 2 years. Meanwhile in Wisconsin, in 1985, Steven Avery was arrested and later convicted for a road assault against his cousin and a sexual assault against a local woman. Avery claimed to be innocent of the latter crime.

In 1988 Lenk left Michigan Bell and moved with his wife from Michigan to neighbouring state Wisconsin where he applied for a job at the Manitowoc County Sheriff’s Department (MTSO). He was hired in December of that year and began his MTSO career as a jail officer.

Roughly one year later, in 1989 or 1990 Lenk became a patrol officer for a short period of time and then went to the Metro Drug Unit for about one and a half year. After holding several more appointments within the MTSO Lenk became part of the MTSO Detective Bureau in February of 1998 and in May 2003 he held a supervisory role, Lieutenant, in that department.

In September 2003 Steven Avery was released for prison for his wrongful conviction of the sexual assault on Penny Beerntsen. Lenk's colleague Andrew Colborn told him that roughly 8 years prior he received a phone call from a detective who said that someone in their custody may have done something that MTSO had someone in prison for. At the advice of Lenk Colborn informed the sheriff. At the request of the sheriff Colborn wrote down a statement describing the call as part of wanting to give a transparant account of the 1985 Avery case. Lenk also provided a statement.

   On 11 October 2005 Lenk along with several of his colleagues gave a sworn testimony in Avery's civil lawsuit about his knowledge of the 1985 case. Lenk's testimony was about having learned in 2003 that Andrew Colborn had received a telephone call in the mid 90’s about someone who may have committed a crime that MTSO may have someone in custody for.

On 3 November local photographer Teresa Halbach is reported missing by her mother to Calumet County Sheriff’s Department (CASO). The MTSO is notified upon learning that Halbach had been active in areas that fall under their jurisdiction on the last day she was seen alive. Lenk is informed of this via his MTSO colleague Dave Remiker. That same evening Lenk calls CASO investigator Mark Wiegert asking if he can be of service.

On 4 November Lenk reports his first activity in the missing person search when he is contacted by Mark Wiegert of CASO to make contact at Steven’s residence with his colleague Dave Remiker. Once at the residence, Avery tells them Halbach had come over in an SUV, probably a Toyota RAV4, to photograph a maroon coloured van near his trailer. She was there for about 5 minutes, between 14:00~14:30 hours and then left. Remiker asked Steven if they could do a quick search of his trailer. Avery gave verbal consent. Remiker walked through the house while Lenk stayed with Avery in the living room. The search lasted five minutes. At this point Lenk felt like Avery had no involvement in Halbach's disappearance.

## 2005 Halbach investigation

On 5 November a volunteer searcher located Halbach's Toyota RAV4 on the Avery's Auto Salvage property, after being given permission to search it by Earl Avery. Calumet County Sheriff Jerry Pagel is informed and law enforcement heads to the scene. This changed the search for a missing person to a criminal investigation. Lenk, shopping with his wife at the time, is called and requested to come to the Avery property. He arrives at roughly 14:00 hours and meets up with CASO and MTSO colleagues at a command center set up just nearby the salvage yard.

When Lenk arrived a number of things had (already) been noted and decided:

* Calumet County Sheriff's Department was going to lead the investigation;
* Manitowoc County Sheriff's Department was asked to assist CASO; (This was asked because the area that was designated as the potential crime scene (the entire salvage yard with its many buildings and cars) was immense and CASO had limited manpower to search it.)
* There was not an abundance of trained evidence technicians. (an evidence technician is trained in how to gather, package, handle evidence at a crime scene).
* Lenk, being one of the trained evidence technicians within MTSO, was requested to help with the investigation.
* Every MTSO officer was assigned to a CASO officer who would lead the party.
* The MTSO officers were to act as "resources", basically assisting in just the searching process while the CASO officers did the collecting and the reports.
* MTSO resources would be requested when needed. Once on the scene they would learn what their task for the day would be, to whom they would be assigned, and which area they were supposed to check out.

### 5 November 2005

On 5 November Lenk reported his second activity for this case. Together with MTSO detectives Andrew Colborn and Dave Remiker he was assigned to CASO sergeant Bill Tyson and they were requested to check out Steven Avery's trailer. They performed a "general search" - looking for any obvious signs of Teresa Halbach. Unlike a "thorough search" the place itself is left intact. In their two and a half hour search of the two bedrooms, the laundry room, the hallway, the living room and the kitchen the men found, among other things, two firearms hanging on a gunrack in Avery's bedroom; a Marlin Glenfield .22 caliber rifle, and a .50 caliber muzzleloader. This concluded their search. Lenk was requested to help the next day.

### 6 November 2005

On 6 November Lenk, again with Remiker and Colborn, was assigned to CASO deputy Daniël Kucharski and they were tasked with searching Steven Avery’s garage. This was again a general search looking for any obvious signs of Teresa Halbach. Later that day they returned to Avery's trailer to collect the earlier noticed two firearms, a vacuum cleaner and bedding. The team also searched the Avery’s Auto Salvage office building and the residences of Chuck Avery and the Dasseys, which all were general searches looking for obvious indicators of Halbach. Lenk was again requested to assist the next day.

### 7 November 2005

Lenk, together with MTSO colleague Andrew Colborn, was assigned to CASO sergeant Bill Tyson. Their initial task was to inspect trunks of vehicles near the buildings that hadn't already been opened which they did for about two and a half hours. After completing this task the team was requested to go back to Steven Avery's trailer and collect the serial number of Avery's computer, which was inside Avery's living room. The team was inside the trailer for seven minutes and left after obtaining the serial number. Afterwards the team was tasked with collecting earlier spotted firearms in the Dassey/Janda residence. This concluded Lenk's tasks for the day.

### 8 November 2005

Lenk and Colborn were assigned to assist CASO deputy Kucharski on Tuesday the 8th of November. The team first went to a yellow vehicle in the office building area to retrieve a firearm from it. Afterwards Kucharski received information to go back to Steven Avery's trailer. Unlike the previous search, which was a "general" search, this search was to be "thorough" - meaning the scene does not have to remain intact and items and objects can be (re)moved. Among other things, the team was to look out for pornographic material such as magazines.

The team was inside the trailer for almost four hours, of which a decent portion was spent in the bedroom. Lenk and Colborn did the searching (as per their role as "resource" and their evidence tech training), while the CASO officer in charge, Kucharski on this occasion, would handle the collecting of the evidence. Avery's computer was disconnected and confiscated and multiple drops of blood, previously identified as such by the crime lab, were also collected. Lenk at some point observes Colborn searching a record cabinet in Avery's bedroom. Colborn is seen moving the record cabinet away from the wall so he could collect pornographic magazines that he had noticed were stuffed between the record cabinet and an adjacent desk. After the record cabinet was moved away from its original location Lenk assisted Colborn in rummaging through the record cabinet. Pornographic magazines were collected as evidence, other items were put back in the record cabinet after which it was put back in its original position.

   Lenk then left the bedroom to retrieve some evidence bags from the living room. When Lenk returned to the bedroom he noticed a key lying on the floor near the back corner of the record cabinet. Lenk said something to the effect of "there's a key there." Kucharski photographed the key and subsequently collected the key. The team noticed the "Toyota" emblem on the key. Because of the Toyota RAV4 that was found earlier the team understood the key may be of significant value.

The team checked out the record cabinet, trying to understand where the key had come from as they had not seen it during their previous search, and noticed the back of the cabinet was loose and there was an opening between the record cabinet and its backboard. The team believed the key may have fallen from the back of the record cabinet, after it had been moved away from the wall and the subsequent jostling, tilting and putting some items back in.

### 9 November 2005

Lenk was again requested to return to the Avery property. Together with Colborn he was assigned to CASO deputy Wendling. The team was asked to retrieve women's gloves from Avery's trailer, two hammers behind Avery's garage, and also a remote controller for the garage door as they were also tasked to search Avery's garage. This was the last day Lenk was requested to help with the investigation.

In March 2006 Lenk was at Avery's Auto Salvage after learning about additional investigation beind done. He asked the officers if they needed any supplies, food or assistance, but did not get involved in the search itself and did not enter any buildings.

## After the investigation

On 8 December 2006 Lenk was interviewed by co-lead investigator Tom Fassbender of the DCI about a blood vial with Steven Avery's blood that had been found in the Clerk of Court's office and, because of a tiny hole in the cap of the vial and cut tape, was suspected to have been tampered with. According to Lenk, he didn't know of the existence of the blood vial until this day. Lenk told Fassbender he had signed a transmittal form for another agent to pick up evidence related to Avery's 1985 case from the Clerk of Court's office, but the form listed hairs and fingernail cuttings, not a blood vial.

On 11 January 2007 Lenk was interviewed by CASO deputy Steier. Lenk told Steier he had no knowledge of anything other than what he had signed for - hairs and fingernail cuttings - were in the Clerk of Court's office.

## 2007 Steven Avery trial

Lenk gave testimony on day 7 and 8 of Steven Avery's trial (20 and 21 February 2007).

### direct examination

Lenk was asked about his law enforcement career, which started about 24 years prior in Detroit, Michigan. He moved to Manitowoc, Wisconsin in the late 1980's, allowing Ken Kratz to subtly establish Lenk was not with the MTSO when Avery was arrested for sexual assault. It was also pointed out Lenk had a clean record. Kratz asked Lenk if he was afraid of Steven Avery's civil lawsuit, but Lenk responded he because he wasn't involved in the 1985 case and not named as a defendant in the civil lawsuit.

Kratz asked Lenk how he got involved in the 2005 case, and Lenk explained that because of the immense size of the investigation Calumet County had a shortage of manpower and evidence techs and needed to borrow manpower resources from other agencies such as MTSO. Lenk was requested by CASO on five days and was assigned to a CASO officer to watch over him as Lenk searched the property.

### cross-examination

Dean Strang asked Lenk if Lenk would admit to planting blood if that’s what he did and Lenk said he would, but said the suggestion was ridiculous.

Strang brought up Lenk’s 2002 job as evidence custodian, during which time Lenk signed a transmittal form for deputy Mike Shallue to pick up evidence (hairs and fingernail cuttings) from Avery’s 1985 case. They were to be sent to the crime lab for re-examination. Though the 1996 blood vial was not on the transmittal form, Strang tried to say that Shallue may have seen the vial as he picked up the hair and fingernail cuttings and informed Lenk of it afterwards. Lenk said he hadn’t heard of the blood vial until late 2006 when it was discovered by Avery’s defense.

Strang asked Lenk about his opinion on Avery’s civil lawsuit. Lenk responded he felt Avery deserved compensation for being wrongfully convicted and said he finds it important the right man is convicted, but pointed out he didn't care much when the civil lawsuit was being filed or what would happen afterwards.

Next, Strang asked how Lenk got involved with the case. Though Lenk initially believed he was called by CASO detective Wiegert to assist, Wiegert's report said Lenk volunteered to help on 3 November. Lenk explained he must've been informed of the case by MTSO colleague Remiker, after which Lenk called Wiegert.

Strang showed Lenk had not signed in when he arrived at Avery’s Auto Salvage on 5 November 2005. Strang explains that would make sense if Lenk arrived at 14:06 hours, which is what Lenk wrote in his report, because at that time the sign-in log wasn’t put up yet. Lenk agrees. Strang shows what Lenk had stated in an earlier testimony: that he arrived at 18:30 hours at Avery’s. Strang points out this makes it hard to explain the fact he hadn’t signed in. Lenk agrees.

Finally Strang points out Lenk returned to the salvage yard four months later, in March 2006, when a search was going on in Steven Avery’s garage. Strang asked Lenk if he helped with the search, Lenk responded he did not. He said he just came back to see if any food or supplies were needed. Strang asked if any of the buildings on the property were open and Lenk said he believed they were.

### redirect examination

Kratz asked Lenk if he ever entered a building on Avery territory in March 2006 and Lenk responded he did not.

Kratz asked when Lenk first learned he was accused of the crime of planting evidence in the 2005 case. Lenk said that was after the discovery of the key had become public. Lenk said that made him upset and mad and repeats he did not commit a crime and if Strang and Buting accuse of it they are wrong.

Kratz asked if Lenk had ever seen the evidence that was sent to the crime lab in 2002, or ever had it in his possession. Lenk answered he had not. Kratz asked Lenk about police scanners that can pick up radio frequencies such as police radio traffic. Lenk identified a police scanner shown on a photo of Avery's living room.

Kratz asked Lenk about his multiple entries of Avery's trailer and asked if he did that in other cases as well. Lenk responds he did, usually because additional information has come to light that requires you to look for other items than before.

### recross-examination

Strang asked Lenk if the Avery's could've used police scanners to learn of possible car wrecks that they could salvage. Lenk believed they could be used for that purpose. Strang adds that it was public information Halbach was missing.

Strang asked again if Lenk was the person who signed the transmittal form and Lenk confirms.

## 2016 - 2022 Kathleen Zellner investigation

In January 2016 postconviction attorney Kathleen Zellner took Steven Avery's case following its portrayal in the Netflix series *Making a Murderer*. In the first season of *Making a Murderer* Lenk is accused of (being involved with) planting the car key, the bullet, and the blood in the RAV4. After Zellner picked up Avery's case she became very vocal on social media about the case and mentioned the cops in numerous accusatory tweets, however in none of them she specifically mentioned James Lenk.

In June 2017 Zellner filed her *Motion for Post-conviction Relief* and Lenk is not mentioned anywhere in the document. Zellner dropped Buting and Strang's blood vial theory (which featured a big role for Lenk) in favour of a theory revolving Steven's fresh blood in his sink, a theory in which she sees no role for a cop.

In a December 2018 interview with Newsweek, Zellner claimed the cops have been cleared of planting the blood, bones, license plates and electronic devices of Teresa Halbach. This leaves the RAV4, hood DNA, the key and the bullet as possibly being planted by the cops, but has not specifically accused Lenk of planting any of them.

In an April 2021 tweet and subsequent motion Zellner claimed Avery's nephew Bobby Dassey had planted the RAV4, thereby clearing the cops from planting it.

In July 2022 Zellner filed a new post-conviction motion, separate from her previously filed motions, which alleges Bobby Dassey is the murderer and planted the RAV4 with his friend Mike. Lenk is not mentioned in the motion.

## See also

* List of evidence
* 1996 blood vial
* Andrew Colborn
* Manitowoc County Sheriff’s Department
* Steven Avery’s trailer

## References

1. ↑ 1.0 1.1 1.2 1.3 1.4 *Avery Trial Transcripts*, day 7 - testimony of James Lenk
2. ↑ Kratz, K. *Avery*, page 131
3. ↑ 3.0 3.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 57
4. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 232
5. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 55
6. ↑ *CASO Investigative Report*, page 1
7. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 59
8. ↑ 8.0 8.1 *MTSO Summary Report on Homicide Investigation*, page 5
9. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 66
10. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 224
11. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 225
12. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 227
13. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 228
14. ↑ 14.0 14.1 *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 229
15. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 231
16. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 230
17. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 234
18. ↑ 18.0 18.1 *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 235
19. ↑ 19.0 19.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 8
20. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 237
21. ↑ 21.0 21.1 *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 238
22. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 240
23. ↑ 23.0 23.1 *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 242
24. ↑ *Avery Trial Transcripts*, day 7 - testimony of James Lenk, page 241
25. ↑ 25.0 25.1 25.2 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 6
26. ↑ 26.0 26.1 26.2 *Decision and Order on Defendant's Motion to Suppress Evidence Based on Multiple Entries Under the November 5, 2005 Search Warrant,* page 14.
27. ↑ *MTSO Summary Report on Homicide Investigation*, page 13
28. ↑ 28.0 28.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 9
29. ↑ 29.0 29.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 11
30. ↑ 30.0 30.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 12
31. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 13
32. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 14
33. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 15
34. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 16
35. ↑ *CASO Investigative Report*, page 148
36. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 17
37. ↑ 37.0 37.1 *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 43
38. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 45
39. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 46
40. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 34
41. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 52
42. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 60
43. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 80
44. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 107
45. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 108
46. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 109
47. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 112
48. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 113
49. ↑ *Avery Trial Transcripts*, day 8 - testimony of James Lenk, page 118
50. ↑ Zellner tweet