Muldoon's Attorney Asks for Mistrial

By Trish Mehaffey and Dave Franzman

Lee Muldoon sits with his attorney's Todd Weimer and Tyler Johnston during the prosecution's opening statement in his first degree murder trial Thursday, Aug. 12, 2010 at the Linn County District Courthouse in Cedar Rapids. (Brian Ray/ SourceMedia Group News)

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By KCRG Intern

CEDAR RAPIDS, Iowa - A state’s witness dropped an unexpected bombshell in the Lee Muldoon murder trial Tuesday when he testified about a statement Muldoon made, which wasn’t shared with the defense before trial as it should have been.

Bill Volesky, Skylar’s great grandfather, testified that shortly before Skylar’s death on July 11, 2008, Muldoon said “You don’t want to do that. They might think I’m beating her (Skylar),” in response to Volesky and his wife wanting Skylar to see a doctor about her bruises.

Muldoon is accused of killing 2-year-old Skylar, who died from blunt force injuries to her abdomen.

The prosecution will continue it’s case 9 a.m. Wednesday in Linn County District Court. Trish Mehaffey will also continue her live coverage from the courtroom.

Tyler Johnston, Muldoon’s attorney, accused Bill Volesky of lying about that statement. It wasn’t made to police and he never told the defense that statement when they took his deposition, he said.

“Did you just remember that outside?” Johnston asked.

“No,” Bill Volesky said.

“You just made that up, didn’t you? Johnston asked.

“No,” Bill Volesky said.

Johnston continued his forceful questioning accusing him of lying but Volesky said “I didn’t make this up.”

After his cross examination, Johnston immediately asked the court for a mistrial based on a discovery violation, but 6th Judicial District Judge Marsha Bergan denied it.

She did allow the defense to take a deposition with Bill Volesky regarding the statement after court was adjourned for the day.

First Assistant Linn County Attorney Nick Maybanks asked Bergan for time to research this issue and Bergan allowed him the time.

In earlier testimony, more relatives of Brianna Volesky, Skylar’s mother, testified about the bruises on Skylar before her death but nobody observed any child abuse by Muldoon or Brianna.

Lori Huenefeld, Skylar’s grandmother, said Muldoon was good with Skylar. There was a time after they moved to Coggon that Skylar changed and didn’t want to leave them and go home with Muldoon or Volesky.

Karen Volesky, Skylar’s great-grandmother, known to Skylar as Bubi Karen, said Brianna Volesky was “good and loving” with her child.

“She (Brianna) would have given her life for her,” Karen Volesky said.

Muldoon was also good and seemed to love Skylar, Karen Volesky said. She never saw any child abuse.

Karen Volesky took care of Skylar most days while Brianna was working and going to school.

Karen Volesky kept Skylar on the day she died but denied there were 130 bruises on her when Maybanks showed her the photo of Skylar’s body after her death.

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