Lykken's Lawyers Want Evidence Thrown Out
January 4, 2008, 6:02 PM
There are new developments in the 37-year-old cold case involving two missing Vermillion girls.
Penitentiary inmate David Lykken, 53, is charged with killing Pam Jackson and Sherri Miller and will stand trial in March. But a hearing in two weeks will determine how much of the state's evidence can be used in the trial.
Nobody has ever found the bodies of Pam Jackson and Sherri Miller, so much of the state's case will rest on circumstantial evidence, such as statements made from one person to another. And Lykken's lawyers are trying to get many of those statements thrown out.
The expected key witness in David Lykken's murder trial is fellow inmate Aloysius Black Crow. Black Crow told prison authorities Lykken admitted to him killing Pam Jackson and Sherri Miller. So Black Crow took down notes and wrote letters, and even wore a wire to secretly record a statement from Lykken.
Lykken's lawyers believe the notes and letters shouldn't be admitted in court, because it's considered hearsay. And they say the state can't prove the voice on the tape admitting to the killings is actually Lykken's. The defense says there were no witnesses who can testify that Lykken was the one talking to Black Crow. The defense also says the state can't prove the recording wasn't tampered with.
Another expected key witness is Lykken's own sister Nancy Bell. Court documents indicate that police may have memory enhancement techniques to help Bell recall what happened when the Vermillion girls disappeared.
Lykken's laywers want to prevent Bell from testifying, because they say she can't tell whether her memories are real or just dreams.
There is one other potentially damning witness. Don Christopherson says Lykken's sister-in-law Marie Lykken told him in November 2005 that her father who was a pastor, Lykken's brother and father all helped cover up the crime after david Lykken killed the girls. Lykken's lawyers say the testimony would be hear-say, and Marie Lykken now denies saying those things.
One bizarre piece of evidence Lykken's lawyer's want thrown out - David Lykken apparently sent Pam Jackson's parents a card from prison, congratulating them on their 70th wedding anniversary. Lykken's lawyers say that evidence is irrelevant to the crime.
The hearing where all this will be argued is scheduled for January 17.
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