Muldoon pleads guilty to lesser charges after issue with key witness

Lee Muldoon has pleaded guilty to two lesser charges, involuntary manslaughter and neglect of a child, with a possible sentence of no more than 10-years running together.

Muldoon, 25, of Coggon, was facing a first degree murder charge in the death of his former girlfriend's daughter, 2-year-old Skylar Inman, back in July of 2008. She died from blunt force injuries to her abdomen.

The guilty pleas resulted because Brianna Volesky, the mother of the murdered girl, was supposed to be a key witness and was expected to testify on Thursday.

But First Assistant Linn County Attorney Nick Maybanks, outside of the presence of the jury, told the court Thursday there may be evidence that Brianna Volesky has been using drugs and might not be a credible witness to put on the stand.

Several days ago, Brianna's grandmother Karen Volesky, testified that Brianna was not on drugs currently. But a search warrant executed last week discovered drug evidence, including syringes, at the home of Karen Volesky. The search warrant was actually issued for a different woman, but Brianna Volesky may live there.

During the search investigators heard Karen Volesky call Brianna on the phone and tell her “to wear long sleeves while the search warrant was being executed.” The assistant county attorney believes that may be a warning to conceal signs of possible drug use.

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Photos by Liz Martin

Brianna pleaded guilty to lesser charges earlier this year in her daughter's death and was required to testify against defendant Lee Muldoon. Her testimony was expected Thursday.

Maybanks told the court based on information he learned Wednesday night from investigators that could be a possible case of perjury.

The prosecutor said he had a duty to bring this up because he couldn't knowingly allow someone to go on the stand a lie, or to allow someone who might be under the influence to testify in a criminal case.

That prompted several hours of discussion which resulted in the guilty pleas.

The plea is to the same charges that Briana Volesky pleaded to earlier this year, but Briana could serve up to 15 years.

Watch plea reaction videos:

Aubrey Coder, Brianna Volesky's sister

Deneil Inman, Skylar Inman's paternal grandmother

Tyler Johnston, Muldoon's attorney

Prosecutor Nick Maybanks released the following statement following the plea deal:

"In law enforcement and prosecution, we must uphold the integrity of the criminal justice system as to maintain the trust of the public that we serve.  We cannot let anger over the death of a child color our view of the evidence introduced at trial or effect our solemn obligation toward the truth-seeking process of a criminal trial.We have an ethical duty when it comes to presenting credible witnesses and evaluating evidence that requires us to make difficult decisions.  This was a difficult decision.We did what we could for Skylar."

We have an ethical duty when it comes to presenting credible witnesses and evaluating evidence that requires us to make difficult decisions.  This was a difficult decision.

We did what we could for Skylar."