Tommy V. Douyette and Lynn M. Hajny will be tried separately on homicide charges filed in the death of local businessman John Aegerter in June.
Waukesha County Circuit Judge Patrick Haughney granted a motion filed by Hajny's attorney, Michael Hart, to sever the cases during a hearing held Thursday morning.
Douyette, 42, of Milwaukee, and Hajny, 49, of New Berlin, had been scheduled to appear before a 12-person jury on charges of first degree intentional homicide in January.
Hart moved to sever the cases because Douyette and Hajny allegedly made statements implicating each other in the homicide of 63-year-old Aegerter in the garage of his Brookfield home on June 22.
Waukesha County Deputy District Attorney Timothy Westphal and Douyette's attorney, Jonathan Smith, both agreed that the cases should move forward separately.
Westphal said the state intends to use comments from both Hajny and Douyette in which they "inculpate the other."
Hajny allegedly made "inculpating statements" about Douyette's role in Aegerter's homicide to a citizen who will testify during the trial, Westphal said.
A criminal complaint states that Douyette told investigators he and Hajny went to Aegerter's home at 14320 Golf Parkway to confront him about money Aegerter owed Hajny's husband. Douyette said he beat and strangled Aegerter under Hajny's direction.
On Thursday, Haughney also considered a motion filed by Smith to suppress comments Douyette made to investigators.
In testimonies during Thursday's hearing, police officers from the city of Brookfield and village of Slinger described Douyette's arrest in Slinger, his transport to Brookfield and subsequent questioning.
Douyette didn't request an attorney and waived his right to remain silent, according to the testimony.
Haughney denied Smith's motion and found that Douyette had been read his Constitutional rights, voluntarily offered statements, and didn't request an attorney.
Another motion hearing is scheduled Jan. 11.
Aegerter owned Air Page, 14150 W. Greenfield Ave., and dozens of communications towers that transmit cell phone, pager and two-way radio signals.
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