by: Kevin McCarty Updated:Pierce County, Wash. —
The defense attorney for accused killer Tyler Savage told jurors the girl he's accused of murdering asked him to choke her because she wanted to have dirty sex.
Savage, 21, is charged with aggravated first-degree murder in the death of Kimberly Daily on August 17, 2010. According to the charges, Savage lured Daily, who was developmentally disabled and had the mental and emotional capabilities of a 10-year-old, into the woods near her home and sexually assaulted her before strangling her and hiding her body. But Savage's defense attorney, Leslie Tolzin, claimed the encounter was consensual. He said that Daily arranged a meeting with Savage, then 18, on Facebook and asked him to wrap a bra and T-shirt around her neck and choke her. Tolzin said Daily became unconscious and died and that Savage hid her body out of fear and embarrassment. "Tyler Savage did not intend the murder of Kim Daily. Tyler Savage did not rape Kim Daily," said Tolzin.
Pierce County Prosecuting Attorney Mark Lindquist told jurors it was Savage who lured Daily into the woods blocks from her home in South Hill, sexually assaulted her then choked her to death with her bra and T-shirt. Lindquist said Savage admitted that to detectives while being questioned and claimed he staged the sexual assault hoping to blame a rape and murder on someone else. In his opening statement Lindquist said, "It looks like exactly what it is, a rape and murder by the defendant."
Tolzin has repeatedly tried to convince Pierce County Superior Court Judge Linda Lee to allow him to introduce evidence that Daily's laptop computer's browser history showed she visited sadomasochistic pornography sites, but Lee denied the request.
Savage faces a maximum sentence of life without parole if convicted. His trial resumes Monday.