Libby doesn't testify, defense rests in Nickels trial

EPHRATA - Ian Libby invoked his right against self-incrimination and did not testify in front of the jury in the David Nickels trial.

Defense attorneys Jackie Walsh and Mark Larrañaga finished presenting their case against Libby Thursday, spending most of the day on whether Libby would testify. Lisa Hays, the woman who made the anonymous tip implicating Libby, and Moses Lake detective Juan Rodriguez testified as well.

Nickels, 31, Helena, Mont., is on trial for first-degree murder in Grant County Superior Court. Prosecutors allege he shot Sage Munro outside of the Ephrata man's home on Dec. 29, 2009.

Walsh and Larrañaga argue Libby shot Munro when he caught Libby attempting to steal items from Munro's truck.

Larrañaga argued Libby should be brought in front of the jury to testify. If Libby needed to invoke his Fifth Amendment right to not incriminate himself, he should do it on a question by question basis.

"What we would propose if the court is inclined to permit Mr. Libby to take a blanket Fifth Amendment privilege that the jury be informed that Mr. Libby has been properly served," Larrañaga said. "To not explain to the jury why Mr. Libby is unavailable or the fact that he is unavailable leads the jury to believe that the defense has not made the proper steps to serve and compel a witness to testify."

The defense has taken the proper steps to get Libby to testify, and the jurors shouldn't be left with a different impression, Larrañaga said.

Deputy Prosecutor Tyson Hill argued Libby should be allowed to not testify at all in the trial, saying any valid questions posed to Libby about the case could potentially incriminate him.

"The concern, of course, with having Mr. Libby come in front of the jury in front of this case is, one, ... he would be brought in in prison clothes and shackles and may be put on the stand and to be asked questions, 'Did you kill Sage Munro?' or 'What were you doing on the morning of Dec. 29, 2009?' His response would be, 'I can't answer that question.'"

Since the prosecutors need to prove Nickels committed the crime, Libby's testimony would most likely decide the issue, he said.

"For the jury to be hearing the other person, who is alleged to have did it, taking the Fifth Amendment on questions like, 'Did you kill Sage Munro?' would be completely damaging to the state's case," Hill argued.

The situation is worse than if the prosecutors called Nickels to the stand, since the prosecutors still needed to prove Nickels committed the crime, Hill said. The defense attorneys don't need to prove Libby committed the crime.

Grant County Superior Court Judge Evan Sperline decided to hold a hearing to listen to Libby's potential testimony before a jury heard it.

Libby was allowed to claim the Fifth Amendment privilege during the hearing. His attorney Alan White was present during the nearly full hour of non-stop questioning.

In the hearing, Libby used his Fifth Amendment right for almost all of the questions, except for his height, weight, some of his past criminal history and whether he knew Julian Latimer, Crystal Tycksen, Matthew Cox and Laura Hays, and other general questions.

Sperline allowed the defense attorneys to call Libby to testify about the items which weren't privileged. They wouldn't have been allowed to ask about his alleged involvement with the murder.

Walsh and Larrañaga decided to not have Libby testify and have Sperline read an announcement stating Libby was summoned for the trial, but was legally unavailable. The jury also heard from Laura Hays, the person who left the anonymous tip for Moses Lake police. Various officers have testified they never sought the person who made the anonymous tip.

Hays told the jury that Tycksen, Libby's ex-girlfriend, told her Libby committed the murder, saying that Tycksen clung to her when she told Hays.

"(Tycksen was) scared out of her gourd. I mean just totally and completely scared," she said. "It looked like she'd been in one heck of a tussle."

After Tycksen gave Hays the information, she went to the Soap Lake police, who informed her it was an Ephrata police case. When Hays went to the Ephrata police, an officer told her not to worry about it.

"I didn't know what to do. I thought somebody would have taken me from Soap Lake to Ephrata," Hays said. "(Calling the Moses Lake police tip line) was the only thing I could think to do."

After the trial started, Hays saw Libby at her Ephrata apartment. She testified he was looking for Tycksen because she was the only link to him and the day of the murder.

Rodriguez confirmed Libby told him about the text messages to Tycksen on his phone, and the messages stated Libby had an emergency.

Hill questioned whether Libby had threatened Tycksen during their conversation.

Hays testified Libby didn't make a specific threat during the conversation.

Hays contradicted Tycksen's testimony, saying that Tycksen came to her apartment on the evening the murder happened, and she appeared beaten.

Tycksen said she met Libby on the night of or within a couple nights after the murder when she picked him up to drive on Norton Road.

"All (Tycksen) told you was, 'Ian killed Sage.' She didn't give any details?" Hill asked.

Hays replied she didn't want to know.

When Hill asked if Hays saw Libby kill Munro or saw him near Munro's house, Hays replied she didn't.

"So, essentially, the reason why you called police was simply because of what Crystal Tycksen told you?" Hill asked.

Hays agreed.