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Attorney For Defendant In Twins' Deaths Allowed To Search Condo

Yates Made Court Appearance Friday

Updated: 11:17 am CDT May 10, 2008

The attorney for a Baraboo father accused of killing his 5-week-old twins has won the right to search his client's rented condo.

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Defense attorney Paul Polacek got the ruling Friday from Sauk County Circuit Judge James Evenson in the case of David Yates, 45, who is charged with two counts of first-degree intentional homicide.

District Attorney Patricia Barrett has said twins Tyler and Savannah Yates died of multiple blunt force injuries after Yates struck them with something or struck them against something. But authorities have not said specifically how the infants were killed.

Polacek said he hasn't been able to look inside Yates' condo since Baraboo police and Wisconsin State Crime Lab technicians completed their investigation of the home after the children's bodies were found. The defense attorney said the residence might contain evidence that would prove his client is not guilty.

Polacek also won the right to look at Baraboo Wal-Mart security video shot the evening before the children were found dead. He didn't claim to know of any specific evidence that could help Yates.

Evenson gave Polacek until the end of the month to examine the residence, with the property manager and police present if the property manager wishes it.

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