Attorneys battle over evidence in Savage trial

by: Kevin McCarty Updated:


PIERCE COUNTY, Wash. - Lawyers battled it out in court in the trial of Tyler Savage, accused of raping and murdering a 16-year-old developmentally disabled girl in August 2010.

On Monday, prosecutors presented several detectives from the Pierce County Sheriff's Department along with forensics investigators from the Medical Examiner's office. They also showed jurors evidence from the crime scene including the Daily's backpack and the bicycle found on top of her naked body.

Each time, Savage's defense attorney attacked their procedures and competence in an effort to show the investigation was sloppy and incomplete.

Savage, now 21, is accused of raping and murdering Kimberly Daily after luring her into the woods near her South Hill home when he was 18. Prosecutors said Daily had the mental and emotional capacity of a ten year old because of her disabilities.

Attorney Leslie Tolzin claimed Daily had a crush on Savage and arranged a meeting with him, then asked him to choke her telling Savage she wanted "dirty sex." Tolzin claimed Daily's death was accidental. Her body was found hidden in blackberry bushes with her t-shirt and bra wrapped around her throat.

Tolzin repeatedly brought up evidence out of the juror's presence that he said was found on Daily's lap top computer suggesting she visited hardcore pornography sites including several featuring sadomasochistic sex. Tolzin wants to introduce the evidence but Judge Linda Lee has refused to allow it.

Lee also refused to allow a booking photograph of Savage taken shortly after his arrest showing him with long hair and a beard. Savage now has short hair and is clean shaven. Tolzin objected to the picture being shown to jurors calling it prejudicial because it made his client look bad. He has compared the picture too the infamous O.J. Simpson mug shot that appeared on the cover of Time Magazine nearly 20 years ago.


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