Suspect in Murder Trial Seeks to Block Evidence Given By Man Before His Death

Days before her trial is set to begin, a woman charged in the brutal murder of a Brookfield businessman argued through her lawyer that statements from a possible accomplice who is now dead should not be allowed in court.

The defense attorney for Lynn M. Hajny, 49, of New Berlin, asked Waukesha County Circuit Judge Patrick Haughney to rule as inadmissible all oral or written statements made by the man, a former Wauwatosa police clerk who died last July after being questioned in connection with the , 63. 

, other satellite radio companies and dozens of radio transmission towers, was found dead in the garage of in his Golf Parkway home in Brookfield on June 23. His ankles were tied in electrical tape, his face wrapped in duct tape and his head covered with several plastic bags with a white electrical cord around his neck.

A c alleges that Hajny and a male friend, Tommy V. Douyette, 42, went to Aegerter's house to confront him about money they said he owed Hajny's husband, Albert, a longtime friend and employee of Aegerter. Albert Hajny was not charged and police said he is not a suspect in the crime.

Douyette in January to a reduced felony charge of first-degree reckless homicide and under the plea deal will testify against Hajny if she goes to trial.

Lawyer: Dead man can't be cross-examined

Hajny's attorney Michael Hart said any of the statements from Mark Finken, 43, a former Wauwatosa Police Department clerk, should be ruled inadmissible in trial because Finken is deceased and Hajny has a constitutional right to face anyone accusing her of committing a crime.

Finken was questioned by Brookfield police for possibly being connected in the crime, but he committed suicide in July after taking part in the interview.

Prosecutor Jennifer Lough said the request was filed just before Tuesday’s hearing and she wasn’t given ample time to respond to Hart’s motion. She asked Haughney to not rule on the motion Tuesday, which he agreed to do.

Lough said she will file a trial brief before the case begins, which will detail how much she intends to use Finken’s written statements and documents in the trial.

Hart also requested that communications between Hajny and her husband also be ruled inadmissible under spousal privilege, but Lough said the motion was also filed too close to the hearing. She said some of the written documents found in the Hajnys' New Berlin home include a diary and communications written to either herself or other people.

Haughney also agreed with the sentiment, saying the issue may need to be handled at the trial given the short time before it begins.

Prosecutors only filed one motion — to include statements made by Hajny to police about going with Douyette to Kip’s Inn around the time of the crime, which Hart agreed to allow.

Hajny remains in Waukesha County Jail while awaiting trial, but will be allowed to wear street clothes during the trial set to begin May 3.

• For more on the John Aegerter case, see Patch's past stories.