Seizure of documents is defended in Souderton child-killing case

January 11, 2012|By Jeremy Roebuck, Inquirer Staff Writer

Authorities defended on Tuesday their seizure of case notes from a Souderton man's jail cell as he awaited trial for the sexual assault and murder of a 9-year-old neighbor.

While James Lee Troutman argued that the move violated attorney-client privilege, prosecutors told a judge that Troutman's writings offered no new information that could be used against him at his death-penalty trial.

"Much of what the defendant wrote is not trial strategy," Montgomery County Assistant District Attorney Thomas W. Goldrick said. "They seem more like a journal of the defendant's thoughts and ramblings."

Story continues below.

After a hearing Tuesday, Common Pleas Court Judge William Carpenter postponed ruling on a defense motion to throw out the case based on allegations of prosecutorial overreaching.

On a separate motion, he ruled that Troutman's confession - given to detectives shortly after his arrest - could be presented as evidence.

Troutman, 25, is accused in the May slaying of Skyler Kauffman, whom police found strangled, sexually abused, and abandoned in a trash bin yards from her Souderton apartment.

Even though Troutman confessed within hours and physical evidence tied him to the girl's death, he is still entitled to a full defense, said attorney John McMahon Jr.

During Tuesday's hearing, McMahon argued that prosecutors' seizure of the case notes jeopardized that right.

Detectives searched Troutman's jail cell Oct. 31 after intercepting a separate set of correspondence with another inmate. Investigators testified Monday that they had gone through his papers hoping to find more incriminating writings.

Troutman's defense has insisted that the 18 pages taken from the jail cell were notes he wrote to help guide discussion during meetings with his lawyers.

In them, Troutman purportedly identifies how he wishes his case to proceed, identifies witnesses he wants to testify on his behalf, and offers possible strategies for challenging state evidence.

Carpenter is expected to take up the issue of the seized documents again this month.


Contact staff writer Jeremy Roebuck at 267-564-5218, jroebuck@phillynews.com, or @jeremyrroebuck on Twitter. Read his blog, "MontCo Memo," at www.philly.com/montcomemo.

|
|
|
|
|