Techel defense rests, motion to dismiss case denied

Seth Techel in court

The fate of Seth Techel will be left in the hands of a Scott County jury.

The defense made one last push Tuesday to get the case thrown out.

Techel's attorneys had filed two motions, one to dismiss the case completely. The second motion was to have a mistrial declared.

The heart of their argument concerns the testimony of Washington County Jailer Jason Tinnes.

The defense says that they only found out about Tinnes' affair with Lisa Techel days before the trial.

They argued that Seth's right to due process has been violated because they haven't had time to prepare for the new information.

Judge Daniel Wilson denied both motions.

In court Tuesday morning, jurors heard from both Tinnes and his wife, Elizabeth.

Tinnes told jurors that he started the affair with Lisa Techel in the weeks before she married Seth, but by January, Tinnes said the affair was losing steam.

Tinnes also described some slight concern that Lisaâ??s unborn child might be his. He said that Lisa was 80 percent certain that Seth Techel was the father of the baby.

The defense hasn't directly accused Tinnes of the murder, but Prosecutor Andrew Prosser didn't take any chances. He put Elizabeth Tinnes on the stand.

She told jurors that on the morning Lisa Techel was killed, her husband was in bed with her.

One thing that has been missing from this case is Brian Tate, the Techel's now-deceased neighbor.

In the two previous trials, the defense centered its case on the theory that Tate was the likely suspect.

In this case, Tate's name has come up only in passing.

Seth Techel decided not to take the stand in his defense, and his council rested just before noon Tuesday.

The jury was excused for the day Tuesday afternoon. Closing arguments and instructions for the jury are set to take place Wednesday.

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