Prosecutors, defense spar over evidence in Brookfield slaying

April 24, 2012

Waukesha - Prosecutors say they have evidence including a notebook, letters, emails and statements that implicate Lynn M. Hajny in the June murder of Brookfield businessman John C. Aegerter and want to use it at her trial next month.

Some evidence was discovered in a search of Hajny's New Berlin home after the killing and some was found at the home of a Wauwatosa Police Department clerk who authorities say was involved in the plan to kill Aegerter. The clerk, Mark Finken, 43, shot and killed himself in his garage July 23, shortly after he was interviewed by Brookfield police.

But Hajny's attorney, Michael F. Hart, has filed a motion that seeks to prevent that evidence from being used at the trial, scheduled to begin May 3.

The motion was discussed Tuesday during a hearing before Waukesha County Circuit Judge Patrick C. Haughney, but no decisions were made to give prosecutors more time to respond to Hart's motion.

Hajny, 49, and Tommy Douyette, 42, are accused of killing Aegerter, who was found dead in the garage of his Brookfield residence on June 22.

Douyette, of Milwaukee, savagely beat Aegerter because Hajny had asked him to hurt Aegerter, court records state.

The two had gone to Aegerter's home June 21 to confront him because he reportedly owed money to Hajny's husband, Albert, who at one time was employed by Aegerter, according to the criminal complaint filed in the case. Douyette was described in the complaint as Lynn Hajny's boyfriend.

Douyette in January was convicted of first-degree reckless homicide. He had been charged with first-degree intentional homicide as party to a crime, but the charge was reduced as part of a plea agreement that avoided a trial in his case. The agreement requires him to testify against Hajny, who is charged with first-degree intentional homicide as party to a crime.

On Tuesday, Assistant District Attorney Jennifer Lough said evidence seized from Hajny includes a notebook she kept that lists the things "we believe she was going to use in this crime," written out voice-mail messages she was going to leave for people after the crime and "other written communications recovered from her home . . . meant for her or the other co-actors in the crime."

Lough also said there are emails, oral communications and written documents that Finken made. But she did not say during the hearing what information is contained in those items and, like the Hajny evidence, they are not yet part of the court record in the case.

Hart contended that any evidence discovered at Finken's home is not admissible at trial because he is dead and as a result, Hajny would not be able to confront this witness at trial, a right she is guaranteed under the U.S. and state constitutions.

As far as evidence seized at Hajny's home, Hart said if they are communications between a husband and wife, Hajny will invoke marital privilege, a move that likely would make the items inadmissible.

Douyette will not be sentenced until after Hajny's case is resolved. His sentencing tentatively is set for May 23.

Aegerter's body was discovered face down in his garage by Brookfield police at 9:55 a.m. June 22 after officers were asked by one of his employees to go to his home and check on him because he had not shown up for work.

He had been beaten and bound, his face wrapped in duct tape and plastic grocery bags placed over his head. His ankles were tied with a black electrical cord, and a white electrical cord was around his neck, according to the complaint.

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