BARABOO, Wis. — The attorney for a Baraboo father accused of killing his 5-week-old sons has won the right to search his client’s rented condo.

Defense attorney Paul D. Polacek got the ruling Friday from Sauk County Circuit Judge James Evenson in the case of David R. 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 hadn’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.

“I don’t know what’s on the videotape,” Polacek said. “But, my conversations with Wal-Mart indicate there is something there, so I have to get a copy of it or at least preserve it.”

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.

If the defense needs to keep the home from being rented beyond May 31, Polacek must post a $3,000 bond to cover two months’ rent and a damage deposit, the judge said.

Polacek disputed an eviction order won by Kris Kohlman Property Management LLC, which manages the property that includes Yates’ former Baraboo residence. Under the order, the manager proposed to have Yates’ property removed from the residence so it could be rented to another person.

Barrett said the prosecution had completed its investigation at the crime scene, and has no further interest or control over what happens with the condo.

Yates was returned to the Sauk County Law Enforcement Center, where he is jailed in lieu of a $1 million cash bond. He is scheduled back in court May 22.

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