ANCHORAGE, Alaska — A witness in the murder trial of Army Spc. Kip Lynch testified Monday that he overheard Lynch arguing with his wife, Raquell Lynch, on the day last year that she and their baby, Kyirsta, were fatally shot.
Lynch's best friend, John Pitts, said the couple often bickered -- so it didn't alarm him on April 23, 2010 when he heard Raquell tell her husband she intented to leave him.
"It was an everyday thing with them," Pitts said.
Pitts said he pulled Raquell aside to ask her how serious she was about leaving. She told him she didn't mean what she told her husband about wanting a separation.
Pitts spent the afternoon with the Lynch family the day of the murder, and claims the family was fine when he left that evening around 9 p.m.
Defense attorney Dan Lowery pointed out small inconsistencies in Pitts' grand jury testimony, police interviews and trial testimony Monday. Pitts could remember neither the exact times he went to the gym and store with Lynch, nor the number of texts and phone calls he made to Lynch after going home that evening.
During opening statements, Lowery told the jury Pitts lacked credibility. Prosecutors played tapes of Pitts’ grand jury testimony and a police interview to show his story remained consistent, though insignificant details faded with time.
Lowery complained that the prosecution was slow to provide its evidence during the trial’s discovery phase, in what he called a deliberate attempt to cause a mistrial. Limited forensic evidence is expected to be presented at Lynch’s trial, but a mistrial would allow prosecutors a second chance to analyze that evidence.
While Judge Michael Spaan said he's concerned the state is continuing to investigate during the trial, prosecutor Emma Haddix said the state hadn't come across the evidence until days before the trial. The late evidence included an apology letter from Lynch to his mother-in-law, phone records, and a witness who will testify the couple often argued.
Spaan offered to continue the trial and said he would entertain a motion for mistrial. The defense agreed to move forward despite not having time to review certain evidence.
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