Soldier Accused Murdering Wife, Baby Daughter on Trial

Kip Lynch's lawyer argued in court over the admissibility of text messages, specifically the communication between Lynch and his wife before she was killed.

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Story Created: May 17, 2011 at 9:03 PM AKDT

Story Updated: May 17, 2011 at 9:03 PM AKDT

Today the trial against soldier Kip Lynch continued at the Nesbett Courthouse in downtown Anchorage.

Early this morning in trial the defense requested that evidence be thrown out.  Lynch’s lawyer argued over the admissibility of text messages between Lynch and his wife Racquell right before she was killed.

Lawyers for both sides argued their case on why the evidence should be eliminated and why it should be kept.

Judge Michael Spann challenged the timelines to figure out why he should consider allowing the text messages or any communication from the Lynchs' cell phones.

The defense not only wanted the messages kept out but also suggested a mistrial.

“My initial reaction Mr. Lowery says that the exclusion of evidence barring extraordinary circumstances is not the appropriate remedy.  I've told you that I would consider favorably any motion for a continuance you want to address these, which came to you late.  I would also consider and here argument on a motion for a mistrial.  I will consider Harris and the other cases tonight in lieu of these messages.  I need these to make a rational decision.  Explain to me why it took so long for this search warrant of these cell phone records to be done with,” Judge Spann said.

The prosecution explained to Judge Spann they initially didn’t look at the contents of the cell phone when it was taken from the murder scene, and things changed afterwards.

The trial resumes Wednesday morning.

 

 

 

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DDR said on Wednesday, May 18 at 11:58 PM

I've been deployed and I didn't come off the hinges and kill my family. Just saying PTSD is a sorry excuse for murder. It is abused to much in the military. You can see alot in combat and it shouldn't ever be grounds for something so horrible. Yeah people should have better counseling when they come home, but honestly they don't and you don't see a whole lot of them killing people because of it. Im sorry to break it to you but there is no excuse for murdering your wife and child.

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Anonymous said on Wednesday, May 18 at 1:45 PM

Umm, There were a lot of soldiers that deployed from Alaska. I'm PRETTY sure no one else from that unit has done anything like THIS. It wasn't PTSD. There is no evidence that he saw action, and if he did, he would have been very thoroughly interviewed, and have a psyche evaluation. You have to try pretty hard to fall through the cracks. He was drunk, over emotional at the thought of his wife and Baby leaving him, and he reacted out of intoxication and Anger. Inexcusable.

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Carl Whitworth said on Wednesday, May 18 at 8:52 AM

Evidentially you don't have a clue to what PTSD means. Just maybe this soldier was having a nightmare and flashbacks to something that happened to him in the war. Now if you are a garrison soldier and didn't have any combat type experience, then just maybe this should be looked into.

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Gray Morrow said on Wednesday, May 18 at 1:22 AM

Reply to People's President: Your comment indicates the soldier had issues from the war, but there is no evidence of that, and that cant be used as an excuse. I've deployed myself over 4 times now and have plenty of fellow servicemen that have done the same, and none of us got involved in this kind of thing. Support Our Troops doesnt mean we're above the law.

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The People's President said on Tuesday, May 17 at 11:52 PM

Well like they say inocent until proven guilty. But we see many of this across America. Our soldiers need better counseling and support when they come home from hostile areas, please people support our troops. push for better counseling and family support. So stuff like this dont happen.God be Bless Americ and God Bless our men and women protecting our Country we love you.

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