The man once suspected in a 43-year-old cold case tried unsuccessfully today to stop paperwork about the investigation from going public.
David Lykken spoke from prison to a judge today about the search at his family's Union County farm for evidence that might tie him to the 1971 disappearance of Pam Jackson and Sherri Miller.
The searches took place in 2004 and 2007. But the discovery last fall of the car the girls were riding in led investigators to conclude they died in a crash into a creek, and not the result of foul play. Lykken is currently serving a 200-year prison sentence for an unrelated rape conviction.
Speaking through a live video feed from prison, David Lykken told the judge why he thinks documents filed by the state justifying the farm searches should remain sealed. Lykken says because he was only 16-years-old at the time of Pam Jackson's and Sherri Miller's 1971 disappearance, he was entitled to privacy rights. But the judge disagreed saying Lykken was an adult at the time he was charged in 2007.
"The state's pleased that the information is going to get out to the public so the public can understand and look at what evidence law enforcement had to justify the search." South Dakota Attorney General Marty Jackley said.
South Dakota Attorney General Marty Jackley argued in favor of unsealing the roughly 50 pages of documents because investigators officially closed the case this spring.
"I think it also is important that this is maybe that final opportunity to bring closure to all the families involved, not only the victims as well as the Lykken and certainly the Jackson and Miller families," Jackley said.
But the ruling isn't bringing closure to David Lykken. He says allegations in the documents are "patently false." Lykken says although he doesn't have any legal training, he plans to appeal the judge's ruling.
The Attorney General's office still has to draw-up an order that unseals the paperwork. The documents would become public within 10-days after the order is signed.