by: Kevin McCarty Updated:Pierce County, Wash. —
The prosecution has rested its case in the trial of Tyler Savage, 21, accused of sexually assaulting and murdering a developmentally disabled teenager in August 2010.
Jurors sat through several hours of graphic testimony and autopsy photographs as Pierce County Medical Examiner Dr. Thomas Clark described how Daily, 16 was killed. Thomas said the marks on her neck and abrasions in her vagina were consistent with her being sexually assaulted then killed. Savage is charged with rape and aggravated first degree murder.
Defense attorney Leslie Tolzin requested a lengthy delay postponing the trial until Dec. 10. Tolzin had not planned to present his witnesses this early in the trial but the prosecution team finished ahead of schedule. Tolzin told Pierce County Superior Court Judge Linda Lee he could not have his witnesses ready to go by early next week because of the Thanksgiving holiday and because he intends to file a motion to dismiss the charges that will be heard next week. The motion is a common defense strategy at the halfway point of a trial.
What's not clear is if Savage will take the stand in his defense. Although he confessed to murdering Daily in 2010 he now claims she asked him to choke her in a sex game and died accidentally. There are no other witnesses or evidence to back up Savage's claim.