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Suspects in Brookfield killing seek separate trials

Dec. 6, 2011

Waukesha - Attorneys for the two people accused of killing Brookfield businessman John C. Aegerter in June are seeking separate trials, contending they won't get a fair trial if there is one proceeding.

Tommy V. Douyette, 42, and Lynn M. Hajny, 49, each are charged with first-degree intentional homicide as party to a crime and are scheduled for a joint jury trial beginning Jan. 30 before Waukesha County Circuit Judge Patrick C. Haughney.

Douyette's attorney, Jonathan C. Smith, and Hajny's attorney, Michael F. Hart, each filed motions seeking separate trials.

In the motions, they state that Hajny and Douyette made statements to investigators that allegedly implicate them in Aegerter's death.

It's likely prosecutors will use those statements as evidence of guilt during the trial. If Douyette and Hajny exercise their right not to testify during the trial, it would interfere with their constitutional right to confront their accusers, the attorneys argue in the motions.

For example, if Douyette's statement is used and he does not take the stand, Hajny "will have no opportunity to cross-examine Douyette for the reliability of his statements," Hart says in the motion.

Hearings have been scheduled for Dec. 15 and Jan. 11.

Aegerter, 63, was found dead June 22 in the garage of his residence in the 14300 block of Golf Parkway.

According to the criminal complaint:

The suspects went to Aegerter's home June 21 to confront him because he reportedly owed money to Hajny's husband, Albert.

Douyette, described in the complaint as Lynn Hajny's boyfriend, told police that Aegerter was two to three months behind in paying Albert Hajny, who at one time was employed by Aegerter.

Aegerter, who lived alone, owned communications companies and several communication towers that transmit cellphone, pager and two-way business radio signals.

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.

Douyette admitted to police that he had struck Aegerter about nine times with his bare hands because Hajny had asked him to hurt Aegerter, court records say.

Court records indicate that Hajny's cousin called police June 22 and told them Hajny had telephoned her and told her she had killed someone. Sometime after that call, Hajny and Douyette showed up at the woman's Slinger home, court records state.

The two had talked about going to Milwaukee to get a freezer for the body, which they planned to dissolve, according the complaint.

Slinger police arrested the pair.

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