In criminal trials, trail camera footage can serve as admissible evidence when properly authenticated by a witness who installed the camera, demonstrating how surveillance technology can provide crucial visual evidence in cases involving crimes such as murder.
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Neighbor Murder Trial: Defendant Seen on Camera with Bag, Witness SaysAdded:
right hand to be sworn in by the clerk.
>> Do you testimony you're about to give this matter before the court tell you the truth about the truth? Does that help you?
>> Yes.
>> You can have a seat.
>> That black bar with the red dot in front of you is our microphone. Get yourself situated nice and close to that and start by stating your name spelling both your first and your last name. Anthony a N t h o n y lefave l e f e b b b b b b b b b b b b b b b b b b b b b V V V R E.
>> Attorney Tomasco, you may proceed. Thank you very much, your honor. And good morning, Mr. Lefave. Can you please tell the jury where you live, sir?
>> Oh, 1512 East North Street, apartment 7, Walker, Wisconsin.
>> And how long have you lived in that location, sir?
>> Since 2013.
>> Okay, so over 10 years.
>> Yes.
>> Okay. And sir, are you employed?
>> Yes. What do you do for a living?
>> I just work at Walgreens.
>> And um do you know an individual uh named Kevin Lyche, sir?
>> Yes.
>> Do you see Mr. Lecheek in the courtroom here today?
>> Yes.
>> Now, can you please point him out and identify an article of clothing that he's wearing?
>> Uh orange clothing.
>> And he's the gentleman seated directly to my left. Is that right, sir?
>> Correct.
>> Yeah. I've asked the record reflect identification of the defendant Kevin Lych.
>> The jury can make that determination.
you uh you live in the same um apartment building um as Mr. Lichek, sir?
>> Yes.
>> And um which uh level of the apartment complex do you live on? Do you live on the ground floor or the second floor?
>> The first floor.
>> Okay. And um does Mr. Lichek um live on the first floor or the second?
>> He lives on the second floor.
>> Okay. And um did you ever interact with Mr. Lcheek, sir?
>> Just in passing, doing laundry, coming and going in the garage.
>> Okay. And um based on your interactions with Mr. Liaka, do you know whether he has a particular first name that he prefers to be called by?
>> Uh, it was there were everybody in the building usually just referred to him as Conrad.
>> Okay. And uh, do you know an individual named Carlos Amaldinonado?
>> Yes.
>> And uh, how do you know Carlos, sir?
>> He also lived in the building on the second floor.
>> Okay. And um, and so directing your attention to uh, the springtime of 2024, did you install a trail camera at your apartment complex at about that time frame, sir? Yes.
>> And um and why did you install a trail camera?
>> Uh so my mother could watch our garden.
I also have one up by hers so I can watch her garden. So >> And so you were you were building a garden then on the property.
>> Correct.
>> And um did you talk to the property management staff about um you wanting to start that garden on the property?
>> Yes.
>> Did they give you permission um to start that garden?
>> Yes. And uh did you similarly have a conversation with the uh property manager about installing the trail camera so you could keep tabs on that garden?
>> Yes.
>> And um did the property manager give you permission to install that trail camera?
>> Yes.
>> Can you uh just tell the jury a little bit generally about um what this trail camera looked like?
>> Uh it's a white 2x 3ish square box. Just stuck it on the tree. And um and when you say you stuck it on a tree, can you just give the jury a little bit of a sense? Um there's a hill and a wooded area to the back of the apartment complex. Is this the area where you put the camera, sir?
>> Correct.
>> And did you put one camera or did you put multiple cameras?
>> I have multiple cameras.
>> And um does this particular trail camera run on what is known as an SD memory card?
>> Yes.
>> And an SD memory card um does that capture the footage that um your trail camera is recording on a particular date and time?
>> Correct.
And um if a person has a copy of that SD memory card, um would they be able to go back in time and review footage from a prior time date?
>> Yes.
>> And um does the uh does the trail camera that you installed, does that work on motion detection?
>> Yes.
>> Does it continue to record footage even if it's late at night, say after midnight?
>> Oh, yeah. 24/7. And um was was there a point in time, sir, in which um a law enforcement official uh came to you and asked you uh for the particular footage that was on your trail camera?
>> Yes.
>> And uh and let me let me take a step back and ask you this as well. In terms of uh the footage on your trail camera, um to your knowledge, um when you initially installed the camera, did you ever change out the SD memory card?
>> No. So, the original SD memory card that you installed, the camera would have been recording um throughout the time of April of 2024.
>> Absolutely.
>> It would have also been recording around the same time of May of 2024.
>> Yep.
>> And um I asked you just a few moments ago about an official from law enforcement asking you uh for contact you in reference to your trail camera.
Was that Detective Ben Stern of the Walkershaw Police Department?
>> Yes.
>> And he's the gentleman that seated a couple of seats to my right.
>> Yes. And um did you cooperatively turn over those two SD cards to him >> right away?
>> And um did Detective Stern um threaten you or coers you in any manner to hand over those SD cards?
>> Nope.
>> You did that voluntarily?
>> Absolutely.
>> And um and you you made no modifications or any changes to the SD card um until that time that you turned it over to the police department?
>> Correct.
Was there a point in time, sir, um, in late November of 2024 when you were contacted by a specialist with the Wauaaw Police Department?
>> Yes.
>> And, um, and this particular individual wanted you to review some particular footage from your trail camera. Is that right?
>> Yes.
>> And um, and specifically, this individual wanted you to see wanted to show you some footage and see if you recognized anybody from your trail camera. Is that correct?
>> Yes.
And uh did you um did you agree to review that footage with that individual?
>> Yes.
>> And uh prior to your testimony in court here today, sir, have you had an opportunity to review um some some snippets from your trail camera?
>> Yes.
>> And if I showed you um those um those particular uh snippets of footage, would you recognize if they came from your trail camera or not?
>> Yes. Your honor, at this point, um, I would ask that we place on the witness's screen, um, what has been previously marked states exhibit 66.
Okay. Sir, are you able to see um this exhibit?
>> Yes.
>> Okay. Now, this second or this exhibit, I should say runs about 8 seconds in length. Is that right?
>> Yes.
>> Okay. And um and I should ask you, sir, is there a is there a time stamp on these particular um on these particular clips?
>> There there is.
>> Okay. And uh to your knowledge, just give me just a second, sir.
Is the um is the time stamp accurate?
>> Yes.
>> Okay. Now, sir, I'm going to play this particular clip uh from the beginning.
I'm going to back it up here and um and just let us know um after you finish reviewing this clip if you recognize it.
>> I do.
>> Okay. This is your trail camera, sir.
>> Yes.
>> This is from the trail camera that you installed at the back of the complex.
>> Yes.
>> I now move the exhibit into evidence and ask that it be received.
>> Any objection to the receipt to the evidence, Mr. Lwick?
I'll take silence as no objection. The evidence will be received.
>> Thank you. And your honor, at this point, I would uh ask permission to publish to the jury.
>> Mr. Lwick, any objection to publication to the jury?
If I could address the jury for a minute, your honor.
>> You may not. Any objection to exhibit 66 being used with the >> I am not well. I I told you that already. I am not up to sitting here and and participating in these procedures. I am sick, your honor.
>> Okay, Mr. Liche, I've already made a ruling on that. The trial is continuing.
Without objection or over the defendant's silence, the court will allow exhibit 66 to be received into evidence and used with the jury.
>> Thank you. If we could just have the TVs turned down, please.
>> Anthony, may I call you by your first name?
>> Yes. Anthony, um, just so we're clear, these clips do not have any sound associated with them. Is that right?
>> I don't believe so.
>> That's okay. Yeah. If you don't know, you don't know. U, but let me just play this clip for you and then I'm going to have a question for you at the conclusion of the clip.
>> Okay. Were you able to review the clip, sir? Okay.
>> And um >> that's a yes. Yes.
>> Yep. And um is there an individual depicted walking on this clip, sir?
>> Yes.
>> Do you recognize that individual?
>> I do.
>> Who is that individual?
>> Kevin Lick.
>> Kevin Lwick, sir.
>> Lick. Yes.
>> The individual you identify.
>> Oh, I just corrected I miss.
>> The same Kevin Lwick that you identified earlier in court here today, sir.
>> Yes.
>> How do you know that that's Mr. Lwick, sir? uh he kind of has a particular walk a gate to how he walks >> and um and in terms of the uh I'm trying to move my cursor out of the way here so you can see but is is there a time stamp on this particular video sir?
>> Yes.
>> Okay. And the time stamp is >> is May 2nd 2024 at 4:4100 hours 31 seconds. So this so hang on hang on.
>> Okay. Uh the question was answered.
What's the next question?
>> Sure. That's 12:41. So that's 12:41 in the morning, sir.
>> Correct.
>> Thank you, sir. Okay.
>> If we could just um you know, take the TVs down, please, Madam Clerk.
>> Just one moment, sir.
Anthony, I have a few other video clips.
>> Attorney Tom Bosco in court. It's Mr. Lef Fever.
>> Oh, yes, sir. Yes. Okay. M Mr. um it's the fade. Is that right, sir? Okay. Mr. Lefay, um I have uh several other clips I'd like to show you as well. Um if you don't mind, um can we just um bring those up on your screen as well, sir?
This has been previously marked. Do you see that, Mr. Lefay?
>> I do.
>> And this has been previously marked as states exhibit 67. And do you recognize this clip, sir?
>> I do.
>> Is this from your trail camera as well?
>> Yes. You're >> I move the exhibit into evidence and ask that it be received.
>> Any objection to the receipt of exhibit 67, Mr. Lwick?
All right. No answer from the defendant.
The evidence will be received.
>> Now turning your attention, Mr. Lefave, to States exhibit was been previously marked, I should say, states exhibit 68.
Are you able to see this footage, sir?
>> Yes.
>> Okay. Is this from your trail camera as well, sir?
>> Yes.
>> I now move states exhibit number 68 into evidence and ask that it be received.
Any objection to exhibit 68, Mr. Lwick?
Without objection, the exhibit will be received.
Mr. Afave, uh, turning your attention now to what has been previously marked as states exhibit 69. Do you see this on your screen as well, sir?
>> Yes, I do.
>> Okay. Is this from your trail camera as well?
>> Do you now move states exhibit 69 in evidence?
>> Any objection to exhibit 69, Mr. Lwick?
>> The record will reflect that Mr. Lichwick is sitting still in his chair with his eyes closed and he is nonresponsive to the court. Court is speaking in a loud enough voice to wake up anyone who would legitimately be sleeping. The defendant is choosing not to answer the court's inquiries. Exhibit 69 is received into evidence.
Mr. Fab showing us mark now states exhibit number 70. Do you recognize this footage as well?
>> Yes.
>> Is this from your trail camera?
>> Yes. Your honor, I now move states exhibit number 70 into evidence.
>> Any objection to exhibit 70, Mr. Lichwick?
The defendant continues to not answer nor open his eyes. Exhibit 70 is received.
>> And Mr. F, I have two additional clips for you. This has been previously marked as state's exhibit number 71. Um, do you recognize this footage as well?
>> I do.
>> Is this from your trail camera?
>> Yes.
>> Your honor, I now move states exhibit number 71 in evidence and ask that it be received.
Exhibit uh exhibit number 71. Mr. Litwick, any objection to that?
The defendant does not answer. Exhibit 71 will be received into evidence.
>> And finally, Mr. Mr. Lefave, I'm showing you what has been previously marked as states exhibit number 72. Do you recognize this footage, sir?
>> I do.
>> And is this from your trail camera?
>> Yes.
>> Finally, your honor, I move states exhibit number 72 in evidence. Ask that it be received.
>> Any objection to 72, Mr. Lwick?
The defendant does not answer. 72 will be received. Thank you, >> Mr. Lefave. Was um there a time uh when you knew Mr. Lyswick that um you you took note of any particular change to his hair color?
about a year previous to him being vacated from the building.
>> Okay. Do you remember um about um the approximate time frame like what month you first made reference to this?
>> No, I don't.
>> Okay. Um for a period of time um did Mr. Lyswick have gray hair?
>> Yes.
>> And was there a point in time in which you noticed that he no longer had gray hair?
>> Yes.
>> What color hair did he have instead of his normal gray hair?
>> U it it was just a lighter color. was no longer silvery gray.
>> Okay. Was Was there a point in time in which you noticed he had jet black hair?
>> That that seems like what it was.
>> Okay. Do you remember when you noticed that first noticed that he had jet black hair?
>> Few months previous to like in early 2024.
>> Anything from anyone?
I want to make sure that videos that you watch if you want.
>> Sure. Just do a favor. I just want to just uh take a step back and clarify one thing. So, um there were a number of video clips um I showed you that have not been published yet, sir. On those particular video clips, um is there an individual depicted walking on them?
>> Yes.
>> And is that individual Mr. Lyswick?
>> Yes.
>> And and once again, you recognize Mr. Lwick based on his particular manner of walking. Was that your testimony earlier?
>> Yes.
>> That's all the questions I have for you.
Thank you.
>> Mr. Lwick, do you have any cross-examination?
>> I told you, your honor, I'm sick. I'm not well. I I shouldn't be here. I need to be laying down.
>> The court has already ruled on that today. I've ruled on that pre-trial and the trial will continue without any cross-examination. Then, Mr. Lefave, you are excused. Thank you.
>> Thank you, sir.
>> State may call its next witness.
>> Thank you. The state calls Karen Corkran.
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