Michael Lank

“Chris and I were pretty good friends growing up right into our twenties, still friendly when I see him.”

Lank described the history of his relationship with Chris Albert while distinguishing it from current socializing.

“It had nothing to do with it being Chris Albert.”

Lank directly rejected the defense suggestion that friendship with Chris Albert motivated his actions during the earlier incident.

Lank described Chris Albert seeking his advice after an earlier altercation, then said he intervened when men approached Chris; he acknowledged later fighting with Mark LoPilato after, according to Lank, LoPilato struck him first.

“I've been at events where Brian is at and we will say hello, but that's pretty much the extent of it.”

Lank characterized his contact with Brian Albert as limited and incidental.

“We have had some disagreements, I would say, in the past. But, again, we are civil. We get along enough to say "hello."”

Lank acknowledged past disagreements while describing the relationship as civil.

“I would say I did my job.”

Lank rejected counsel's suggestion that the earlier investigation was covered up.

Lank said he located Tim Albert's heavily damaged vehicle at 34 Fairview and corrected counsel's characterization of the other vehicle as parked.

Lank said he did not administer a Breathalyzer or request a blood test and could not recall whether Officer Goode conducted field sobriety tests.

“The purpose behind the leaf blower was just to take the top layers of the snow off to reveal what was underneath and try to preserve any potential evidence.”

Lank explained the stated purpose of the snow-removal method used at the scene.

“The drinking glass was secured into an evidence bag and the blood drops were secured into six Solo cups.”

Lank described the initial collection of the glass and blood evidence.

“Chief Berkowitz brought my attention to a piece of red glass that was about six to eight feet off the -- into the yard.”

Lank described the February 4 discovery that led to recovery of a red plastic piece.

Lank testified that on February 4 he photographed a red plastic piece near where O'Keefe had been found, after which Trooper Bukhenik secured it; the photographs were admitted as Exhibits 46 and 47.

“I came to the aid of a citizen who was in fear and in need.”

Lank rejected the characterization that he acted for Chris Albert because of their friendship.

“At that point in time, I never made it past the front foyer area.”

Lank described the limited extent of his entry into the home.

“No. I wouldn't have had probable cause to do so.”

Lank explained why he did not search the rest of the house.

“They appear to be the same Solo cups, but I couldn't say definitively.”

Lank qualified his identification of the cups shown in later photographs.

“I was punched. And, at that point, I defended myself and did engage in a physical altercation with Mark.”

Lank gave his account of the physical confrontation explored during cross-examination.

Lank described a 2002 confrontation, saying he tried to prevent a fight before he was punched and fought with Mark LoPilato.

“No. It was me protecting someone who asked for my help who was clearly in fear.”

Lank rejected the defense characterization of his motive in the prior incident while explaining his own account.