7/22/2014

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Defense claims teen's death was erotic sex game gone wrong

Defense claims teen's death was erotic sex game gone wrong
TACOMA, Wash. -- There were some startled looks in a rape and murder trial in Tacoma Thursday when attorneys portrayed a less-than-virtuous image of the developmentally delayed victim.

Neither side disputes that 21-year-old Tyler Savage killed 16-year-old Kimmie Daily in a vacant lot near her home three years ago. Prosecutors say the teen was strangled with her own bra when she tried to get away.

But Savage's lawyer shocked the courtroom when he claimed the sex was consensual and that Kimmie's death was an accident caused by two kids experimenting with a dangerous form of eroticism that went wrong.

"Tyler Savage did not intend murder of Kim Daily, did not rape Kim Daily," said defense attorney Les Tolzin.

Tolzin told jurors Kimmie had a crush on her Facebook friend Savage and asked to meet the day she died.

"She tells Tyler she wants him to take her shirt and bra and tie her up with it," Tolzin said.

The medical examiner says that ligature caused Kimmie's death in August of 2010. Several neighbors testified to seeing the teens together that day.

Police say Savage led them to Kimmie's body hidden under her bike in bushes a block from her Puyallup home. They say Savage became hysterical and confessed.

"Savage admitted he brought Kimmie to secluded lot and when she tried to get away, he choked her to death," said Pierce County Prosecutor Mark Lindquist.

Kimmie's father, Cecil Daily, said his daughter had the mental capacity of a 5th grader and he hadn't talked to her about sex.
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