SKYLAR KAUFFMAN - 9 yo (5/2011) - Souderton (btwn Allentown and Philly) PA

Troutman’s writings try to downplay his alleged involvement in murder of Skyler Kauffman
By Carl Hessler Jr.
chessler@journalregister.com Posted: 01/10/12 05:06 pm

COURTHOUSE – Although he allegedly confessed and was arrested for killing a 9-year-old girl, a Souderton man, in jailhouse writings and interviews with a psychiatrist, also tried to minimize his role in the girl’s death, testimony revealed.

Since his arrest, James Lee Troutman, apparently trying to explain how the blood of little Skyler Rae Kauffman got on his clothing, at one point allegedly implied he found the girl’s body in the basement of his apartment building and came into contact with her blood when he tried to administer CPR and save her, according to testimony during a pretrial hearing in Montgomery County Court. Troutman also suggested he sneezed while in the basement, possibly transferring his DNA to the girl, testimony revealed. Furthermore, Troutman claimed when CPR failed he “panicked” under a belief he would be blamed for the girl’s death and so he moved her body to a Dumpster behind the Souderton Garden Apartments on May 9, 2011, according to testimony. “I never planned or intended to have it happen,” Troutman allegedly wrote in one note. According to another excerpt, Troutman wrote, it was easier for authorities to blame him than to “find the real killer,” implying he was set up. Troutman also expressed interest in hiring an expert to review some of his signatures on arrest-related documents, testimony revealed. Yet, in other writings, Troutman appeared to be getting to a point to accepting some responsibility, according to testimony. The content of some of Troutman’s alleged writings was revealed while prosecutors and defense lawyers argued over the propriety of a Halloween jail cell search during which prosecutors obtained the accused’s handwritten notes and the legality of using those notes as trial evidence. Judge William R. Carpenter took the matter under advisement and will rule on the issue after lawyers submit written legal arguments. In court Tuesday, defense lawyer John I. McMahon Jr. argued that prosecutors seized notes, on Oct. 31, that were confidential and were protected by attorney-client privilege, violating Troutman’s Constitutional rights. The disclosure of Troutman’s handwritten notes is prejudicial to Troutman’s ability to aid in his own defense, gives prosecutors direct knowledge of defense strategies and an unfair advantage heading into trial, McMahon implied. “Clearly, attorney-client privileged material has been seized and reviewed and is in the hands of prosecutors,” McMahon argued. “To say that this is not privileged material, I don’t know how you can say it with a straight face.” McMahon asked Judge Carpenter to dismiss murder charges against Troutman or in the alternative bar prosecutors from seeking the death penalty against Troutman in the event he is convicted of first-degree murder. Any information prosecutors derive from the materials seized from Troutman’s jail cell cannot be unlearned by detectives and prosecutors and would taint the capital murder case, McMahon and lead defense lawyer William Craig Penglase have implied.

http://www.timesherald.com/article/20120110/NEWS01/120119961/-1/NEWS

Alleged child killer’s lawyer argues for dismissal of charges

By Carl Hessler Jr.
chessler@journalregister.com
Posted: 01/25/12 02:07 pm

NORRISTOWN — Saying the “stakes do not get higher” than in a capital murder case, lawyers for a Souderton man accused of killing a 9-year-old neighbor girl claim authorities obtained the man’s private writings, violating attorney-client privilege, and so the charges must be dismissed.

“The prosecution has had knowledge of Defendant’s trial preparation, personal thoughts, plans and strategy for many months, and the prosecutors cannot unlearn what they have already learned,” defense lawyer John I. McMahon Jr. wrote in papers filed Wednesday in Montgomery County Court on behalf of accused killer James Lee Troutman.

“It is impossible to tell to what extent how such knowledge will consciously or unconsciously affect the prosecutor’s selection of jurors, selection and examination of witnesses, and the theory of their case,” McMahon added. “In a capital murder case the stakes do not get higher and therefore, the risk of deprivation of an accused’s most sacred rights can be great.”

McMahon’s comments were contained in a 29-page legal brief in which McMahon asked a judge to dismiss murder charges against Troutman or in the alternative bar prosecutors from seeking the death penalty against Troutman in the event he is convicted of first-degree murder.

As another potential remedy, McMahon, and lead defense lawyer William Craig Penglase, asked the judge to disqualify Montgomery County prosecutors from handling the case.
“The taint of prejudice to the defense cannot be cured by the substitution of prosecutors in this case. Sharing of information between investigators and prosecutors may be presumed,” McMahon argued. “There is simply no way of knowing what information has already been, or will be, intentionally or unintentionally shared with any potential new prosecutors.”
To support his arguments, McMahon cited numerous appellate cases and legal precedence.
McMahon and District Attorney Risa Vetri Ferman and Deputy District Attorney Thomas McGoldrick are involved in a court battle surrounding the propriety of a Halloween jail cell search during which prosecutors obtained Troutman’s handwritten notes and the legality of using those notes as trial evidence.
Judge William R. Carpenter, who must decide the pretrial issue, had ordered defense lawyers and prosecutors to file written legal arguments regarding the issue. McMahon filed his written arguments on Wednesday morning.
Ferman, McGoldrick and McMahon are slated to be in court on Friday for oral arguments before the judge.
Troutman, 25, is awaiting trial on charges of first- and second-degree murder, rape of a child, involuntary deviate sexual intercourse, aggravated indecent assault, kidnapping, false imprisonment and abuse of a corpse in connection with the May 9, 2011, rape and killing of Skyler Rae Kauffman.
Troutman and Kauffman were neighbors at the Souderton Garden Apartments on East Chestnut Street.
McMahon has argued that prosecutors seized notes, on Oct. 31, that were confidential and were protected by attorney-client privilege, violating Troutman’s Constitutional rights. The disclosure of Troutman’s handwritten notes is prejudicial to Troutman’s ability to aid in his own defense, gives prosecutors direct knowledge of defense strategies and an unfair advantage heading into trial, McMahon implied.
But McGoldrick has argued the documents were not considered attorney-client privilege because much of what was contained in Troutman’s writings previously had been revealed to third parties by Troutman, either to another inmate or a psychiatrist, and couldn’t be considered confidential.
McGoldrick has characterized Troutman’s writings as “meaningless ramblings,” claiming they were not intended to be confidential and that Troutman has no expectation of privacy in a jail cell. McGoldrick has stood by the decision to search Troutman’s cell for things of evidentiary value when authorities learned Troutman was corresponding about his case with another inmate.
Penglase previously testified Troutman’s notes were written for Penglase during trial preparation periods. The notes, Penglase implied, addressed issues involving Troutman’s potential defense theories, mitigation information, trial strategies and DNA and other forensic evidence in the case.
County Detective Christopher Kuklentz testified that when he reviewed the documents seized from Troutman’s cell he disregarded any material that could potentially be protected by attorney-client privilege.

http://www.timesherald.com/article/20120125/NEWS01/120129713&pager=full_story

Troutman Request For Non-Montco Jury Granted

Jurors from another county wil be brought in to hear the case against
James Lee Troutman, who is accused of raping and murdering 9-year-old
Skyler Kauffman.

February 16, 2012

According to The Times Herald, a judge has approved a change
of venire request by James Lee Troutman's attorney, meaning jurors from
outside of Montgomery County will be brought in to hear the case when
the trial begins in May 21. The Pennsylvania Supreme Court will select
which county jurors will be selected from.

The 25-year-old Troutman faces first- and second-degree murder charges as well as rape of a child, involuntary deviate sexual intercourse, abuse of a corpse and other charges in the murder of his 9-year-old neighbor, Skyler Kauffman.

Troutman's attorney, William Craig Penglase, argued that publicity
about the case makes it unlikely that an impartial jury can be selected
from Montgomery County residents. Prosecutors reportedly did not
challenge the request.

You can read more about the recent development here and you can find
the entire history of our coverage the Troutman case here on our topic page.

http://norristown.patch.com/articles/troutman-request-for-non-montco-jury-granted

York jury to hear case of man accused of raping, killing girl, 9

Mar 07 2012 03:51:08 PM EST




NORRISTOWN, Pa. -

A man accused of raping and killing a young girl in
an apartment complex basement will have his case heard by a jury from
central Pennsylvania.

Jurors will be bused from York County to
Montgomery County to hear James Lee Troutman's murder case, court
officials told 69 News on Wednesday.

Troutman is charged with
killing Skyler Rae Kauffman in May at an apartment complex in Souderton.
Kauffman, 9, was choked and beaten to death and her body dumped in a
trash bin outside the complex.

Troutman has pleaded not guilty. Prosecutors said they'll
seek the death penalty if Troutman is convicted of first degree murder.
His trial is scheduled to begin May 21.

http://www.wfmz.com/news/news-regional-southeasternpa/York-jury-to-hear-case-of-man-accused-of-raping-killing-girl-9/-/121434/9241774/-/kpex4hz/-/

Troutman request for pretrial appeal denied

By Carl Hessler Jr.
Posted: 03/09/12 12:36 pm

NORRISTOWN – The capital murder trial of an alleged Souderton child killer will begin as planned in May now that a judge has denied a defense request to appeal a pretrial ruling regarding the seizure of the man’s privileged writings.

Montgomery County Judge William R. Carpenter denied James Lee Troutman’s request to “certify question for appeal” to a state court, meaning Troutman’s trial will begin as planned on May 21 in connection with the May 9, 2011, alleged rape and killing of 9-year-old Skyler Rae Kauffman.

In January, Carpenter, while determining prosecutors seized privileged writings from Troutman’s jail cell, ruled it wasn’t grounds for a dismissal of murder charges or grounds to bar county prosecutors from handling the case, remedies sought by the defense. The judge also ruled prosecutors should not be prohibited from seeking the death penalty against Troutman.
Defense lawyers John I. McMahon Jr. and William Craig Penglase had asked the judge to amend his January order to allow an immediate appeal to a state court, even though pretrial judicial rulings traditionally are not appealed until after a trial concludes.

The judge did not explain his reasons for denying the latest defense request.

In his January ruling, Carpenter determined there was nothing improper about detectives’ Oct. 31 search of Troutman’s cell at the county jail in Lower Providence, finding it was Troutman’s communication with another inmate that prompted the search.
However, the judge said some of the seized Troutman writings were privileged, intended for his defense lawyer. While the judge determined there was no “intentional intrusion” by prosecutors to breach the attorney-client privilege, he indicated perhaps prosecutors should have been “more careful” when searching the cell and segregating materials after determining they might be subject to attorney-client privilege.

One of the writings, the judge said, “clearly, should have been a red flag” for prosecutors to at least segregate the material and bring it before the judge for review. In that document, Troutman allegedly wrote, “21 diff things to talk about with lowyer (sic) each one of them very important and needs to be taked (sic) about ASAP!!!” according to court papers.
The judge has barred prosecutors from using any of the writings seized from Troutman’s cell during the evidentiary phase or potential penalty phase of the upcoming trial. Troutman’s writings will not be revealed to a jury, according to the judge’s ruling.
District Attorney Risa Vetri Ferman and Deputy District Attorney Thomas McGoldrick, who are prosecuting the case, and Penglase and McMahon cannot comment about the judge’s ruling as they are prohibited by a judicial gag order from publicly discussing the high-profile case.

Troutman, 25, faces charges of first- and second-degree murder, rape of a child, involuntary deviate sexual intercourse, aggravated indecent assault, kidnapping, false imprisonment and abuse of a corpse in connection with the alleged rape and killing of Kauffman.

Troutman and Kauffman were neighbors at the Souderton Garden Apartments on East Chestnut Street.
Prosecutors are seeking the death penalty against Troutman if he is convicted of first-degree murder, which is an intentional killing.

A York County jury will be selected to hear the evidence in the trial. Defense lawyers had sought an out-of-county jury on the grounds that extensive pretrial publicity about the case prevented Troutman from selecting a fair jury in Montgomery County.
Kauffman, authorities alleged, went missing while she was playing in the courtyard of the apartment complex where Troutman also lived around dinnertime on May 9. Minutes before midnight Souderton police found Kauffman’s body wrapped in a comforter under bags of trash in a Dumpster behind the apartments.

An autopsy determined Kauffman died of asphyxia and blunt force trauma, according to court papers.
Police found both blood and a clog that was similar to one Kauffman had been described as wearing in the basement area of one of the apartment buildings, according to court papers.

While interviewing neighbors of the girl, authorities noticed what appeared to be blood on one of Troutman’s sneakers, according to authorities. When detectives searched Troutman’s apartment, where he lived with his fiancée, they found bloody clothes, according to a criminal complaint.

Later asked by detectives why he killed the little girl, Troutman allegedly said he had to because once he took her down to the basement he knew she could get him in trouble, according to arrest documents.

http://www.pottsmerc.com/article/20120309/NEWS01/120309503/-1/sports/troutman-request-for-pretrial-appeal-denied

PHILADELPHIA -- A Pennsylvania man charged with
killing a nine-year-old girl will spend the rest of his life in prison
after pleading guilty to first-degree murder Monday.
James Troutman, 25, was sentenced to life in prison without the possibility
of parole for the May 2011 murder of Skylar Kauffman in Souderton, Pa.,
about 35 miles north of Philadelphia.

By pleading guilty instead of going through a jury trial, Troutman avoided the possibility of the death penalty.
He was charged with killing nine-year-old Skylar in the basement of a
Souderton apartment building after she was reported missing. Her body
was found in a nearby dumpster.
The murder stunned neighbors and police, and made national headlines.
An out-of-county jury was being brought into Montgomery County for the trial, which was set to start in about two months.
Defense attorney Craig Penglase said his client had wanted to plead guilty
since his arrest and confession. He said he was pleased prosecutors
accepted a deal that would spare the victim's family the ordeal of a trial.
Skylar's mother complained to police
about an encounter involving Troutman and her daughter a few weeks
before the killing, but no charges were filed.

Read more: http://www.myfoxphilly.com/dpp/news/local_news/emergency-hearing-in-child-killer-case