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

TELFORD, Pa. - May 15, 2011 (WPVI) --
Family members and friends came out to show their love during a viewing
for the 9-year-old girl who was murdered last week in Souderton, Pa.

Pictures from the Skyler Kauffman case View all 33 photos

"It's horrible for the family, for everybody. It's just a horrible
thing to even think about," family friend Lana Goldstein said.
They came to comfort the family and say goodbye to Skyler, a vibrant
young girl taken from them too soon. "There's nothing you can do for them,
you wish there was something
you could to do to make their situation better, you would do anything to
bring her back, but you can't. So the best thing you can do is to come
and show you care," family friend Jen Kilgore said. "She was
just a happy, great, fun loving, little girl. She used to come to
Lutheran Community and visit her great-grandma, with the biggest smile
and her grandma would smile and it would just lighten up the day," Lana
said. Skyler was killed Monday in the basement of her apartment complex.
Montgomery County investigators say her neighbor, James Troutman,
brutally raped her, pounded her head against the pavement and strangled
her. He then dumped her body in a trash bin. Troutman faces kidnapping, rape,
and murder charges. "What a sweet, cute, little girl she was, I can't imagine something
so awful happening. It's bad enough to lose a child, but to lose a child
that way, I couldn't imagine anything worst," Jen said.
Loves ones and neighbors believe the tragedy could have been prevented.
Three weeks before the murder, Skyler and another girl used Troutman's
bathroom. The girls say he locked them in the apartment and asked if
they wanted to see his "bird." The District Attorney says
officers investigated, but there was not enough evidence of a crime.
Troutman is reportedly known to build birdcages and feed birds at the
complex. Today, however, was about the little girl who left a
big impact on her friends and family. It was about a grieving community
saying goodbye to the 9-year-old. A funeral for Skyler Kauffman is set for Monday at 11:00 a.m.
http://abclocal.go.com/wpvi/story?section=news/local&id=8132267

Hoping to bring something good to a community torn by the tragic murder
of Skyler Kauffman, a group of area residents would like to build a
playground, possibly across from the old high school building.

Stephanie
Haas of Harleysville, the parent of two daughters ages 8 and 7, said
the group met for about six hours on Saturday, talking about that they
could do.

“We were inspired by Skyler,” Haas said. “We want to do
something for the community. A playground will bring people together.
It’s a broken community right now.”

They settled on the idea of building a playground that would be dedicated to child safety and child abuse awareness.

They’ve
already contacted an Ithaca, N.Y., company that designs community
playgrounds, Leather & Associates, which designed a playground with a
castle theme in Doylestown.

The group wants to build something special, “not just a couple of swings and a slide,” Haas said.

They call their effort “Project Safe Playground.”

Shane
Landry of Souderton, another member of the group, said they hope to
find a sponsor, either an area company like Home Depot or Lowe’s, or
perhaps approach Philadelphia Phillies pitcher Jamie Moyer’s foundation
for help, and also solicit smaller donations.

“It’s something we
thought would be a good idea,” said Landry, who has no children of his
own but lives about 75 to 100 years from where the murder occurred.

“It’s
pretty sad,” Landry said. “I have a couple of friends whose kids go to
that school (E.M. Crouthamel Elementary). I went there myself. I’ve
lived here for 30 years. Nothing like this has happened.”

Landry said he hopes a new playground will bring the community together.

In
addition to raising money for the design and equipment, the group will
also need to find and buy land “at a decent price,” he said.

“There’s tons of kids in that area (Souderton),” Haas said.

Before they design playgrounds Leather & Associates interviews kids
to find out what elements they would like to have in the playground. The
company also builds playgrounds that are accessible for disabled
children, she said.

Katie Tillman, a Hatfield mother, is also helping with Project Safe Playground.

“It
hit close to home,” she said, about the murder. “The idea of having a
safe place built... These things can happen anywhere. It’s a really big
thing that can happen in a small town where nothing ever happens.

“With something bad comes something good,” Tillman said. “It’s just a sad, sad thing.”

She also likes the idea that children can be involved in it and be a part of the planning.

“We’re
trying to make the best of an awful situation,” Tillman said. “We’re
trying to do something for everybody in the community.”

Meanwhile,
Brian Goshow, president of Souderton Borough Council, responded to
Haas’ request concerning the playground and put the item on the borough
council public works session agenda for June 13.

To help, send an e-mail to projectsafeplayground@gmail.com

http://www.montgomerynews.com/articles/2011/05/16/souderton_independent/news/doc4dd18687d4bc1852356008.txt?viewmode=2

James Lee Troutman is pleading not guilty to charges he
kidnapped, raped and murdered 9-year-old Skyler Kauffman in the
Souderton Gardens Apartment complex on May 9.

Troutman's attorney, Craig Penglase, entered the not guilty plea
during a formal arraignment in Montgomery County Common Pleas Court
before Judge William Carpenter. The District Attorney's Office
filed formal notice that they will seek the death penalty in the case.

District Attorney Risa Vetri Ferman cited three aggravating
factors that empower prosecutors to seek Troutman's death:
Kauffman's age, that other felonies were committed along with the
murder and the elimination of a witness to a crime.
Troutman is charged with first and second degree murder,
kidnapping to facilitate a felony, kidnapping to inflict terror,
rape of a child, involuntary deviate sexual intercourse, aggravated
indecent assault of a child, unlawful restraint, false
imprisonment, abuse of a corpse and tampering with evidence.
As prosecutors read aloud the charge of rape of a child causing
serious bodily injury, Skyler's father, Eric Kauffman began sobbing
uncontrollably and his own father embraced him as they sat two rows
back in the courtroom gallery. Later, as Troutman was escorted out
of the courtroom by a half-dozen deputies, an unidentified man both
embraced and restrained Eric Kauffman, saying, "You're a better man
than that."Skyler's mother was also in the courtroom with her family.
Heather Gebhard and grandmother had frantically searched the
apartment complex when she didn't come home for dinner on May 9
after spending the evening playing in the courtyard. Police joined
the search and Skyler's body was found hours later in a dumpster at
the rear of the apartment complex.According to court records, Troutman took Skyler into the
basement of the apartment complex and raped her. Then he choked her
and beat her head on the cement floor until she was dead, police
said. He was arrested that night after a detective spotted him
walking in the apartment building with blood on his sneakers.
http://www.phillyburbs.com/news/local/the_intelligencer_news/troutman-pleads-not-guilty-to-killing-year-old-skyler-kauffman/article_6b4def6e-f8bb-5f59-9935-5213089c99f7.html

Troutman pleads not guilty to killing 9-year-old Skyler Kauffman

WPVI-TV 6 Action News

James Troutman is escorted to a courtroom in the Montgomery
County courthouse for an arraignment Wednesday morning. photo
courtesy of WPVI-TV 6 Action



FILE PHOTO - James Lee Troutman, 24, of Souderton, is charged in
the kidnapping, rape and murder of 9-year-old Skyler Kauffman on May 9.
Updated: 6:16 am, Thu Jul 21, 2011.
By Matt Coughlin
Staff Writer

James Lee Troutman is pleading not guilty to charges he kidnapped, raped and murdered 9-year-old Skyler Kauffman in the
Souderton Gardens Apartments complex on May 9.

Troutman’s attorney, Craig Penglase, entered the not guilty plea during an arraignment in Montgomery County Court before JudgeWilliam Carpenter. The district attorney’s office filed formal notice that it will seek the death penalty in the case, something District Attorney Risa Vetri Ferman initially said nearly two months ago.

Troutman, 24, is charged with first- and second-degree murder, kidnapping to facilitate a felony, kidnapping to inflict terror,
rape of a child, involuntary deviate sexual intercourse, aggravated indecent assault of a child, unlawful restraint, false
imprisonment, abuse of a corpse and tampering with evidence.

Carpenter scheduled a pretrial conference with the attorneys in the case for Oct. 28, scheduled the trial to begin Jan. 9, 2012, and remanded Troutman to prison without bail.

Yet while Wednesday’s court proceedings were largely a formality, the pain from the horrific loss of a daughter was still
felt in the courtroom.

As prosecutors read aloud the charge of rape of a child causing serious bodily injury, Skyler’s father, Eric Kauffman, began
sobbing uncontrollably and his own father embraced him as they sat two rows back in the courtroom gallery. Later, as Troutman was escorted out of the courtroom by a half-dozen deputies, Eric Kauffman’s father and an unidentified man both embraced and restrained Eric Kauffman. The other man could be seen saying, “You’re a better man than that.”

Penglase said at this point his client plans to go to trial. He reiterated that mental health is an important aspect of the case,
but declined to discuss the defense’s plans specifically. Troutman has been diagnosed as suffering from Asperger’s syndrome since elementary school.

His client understands the charges and knows his life is in on the line. If found guilty of first-degree murder, Troutman would be sentenced to life in prison or death, according to state law.

Penglase said o nths of his life have been. Troutman has been in county prison without bail since his arrest May 10. Prison officials have made special accommodations for Troutman, lining his cell with acrylic glass to keep other
prisoners from urinating and spitting on him repeatedly, Penglase said.

After the arraignment, Ferman cited three aggravating factors that empower prosecutors to seek Troutman’s death: Kauffman’s age, other felonies that were committed along with the murder and the elimination of a witness to a crime.

Penglase said Ferman’s first two aggravating factors are obvious if his client is found guilty of killing and raping a child. However, he said, through the discovery process he’s seen no evidence of rape, noting that Skyler was sadistically injured with an unknown object, but not necessarily raped.

And Penglase said the third factor, the killing of a witness, does not apply. He said that factor is designed to cover cases
where a killer is getting rid of a witness to a different crime, not the murder.

Troutman is accused of taking Skyler from the apartment complex courtyard to a basement below his apartment, according to court records. There, police said, he raped the third-grader. Then he choked her and slammed her head against the basement concrete before wrapping her lifeless body up in a comforter and dropping her in a trash bin, according to court records. For six hours, police, firefighters, Skyler’s family and neighbors searched for the little girl. Police found a pool of blood and one of Skyler’s clogs in the basement below Troutman’s apartment and shortly before midnight they found her body.

Troutman was taken for questioning that night when an alert county detective spotted blood on Troutman’s sneaker and began asking questions. By the next afternoon he was charged with Skyler’s murder.

If Troutman is found guilty, the jury will have to decide if the prosecution is able to prove the aggravating circumstances that warrant the death penalty, while Penglase will attempt to show mitigating factors which would disqualify his client from
execution. Mental health could be an issue then as well.

Aspergers makes normal social interaction difficult, P lase said. Penglase said Troutman’s family has been proactive in getting him help. Troutman has been in treatment since he was 5 years old and was diagnosed with a handful of different issues until being diagnosed with Asperger’s a few years later. He attended school in the North Penn and Souderton Area school districts where he took special education courses. A special education classmate, who asked
not to be identified, said he was “very nice,” and “very smart.”

At the time of Skyler’s death, allegations — fueled by police reports — arose that he should have been arrested weeks earlier after an incident where he allegedly locked Skyler and another girl in his bathroom and asked if they wanted to see his “bird.” But officials with knowledge of that earlier incident said the girls had locked themselves in the bathroom and that Troutman could have had a bird in one of the many cages he made. He was also known to feed the birds in an area at the rear of the apartment complex.

http://www.phillyburbs.com/news/local/the_intelligencer_news/troutman-pleads-not-guilty-to-killing-year-old-skyler-kauffman/article_6b4def6e-f8bb-5f59-9935-5213089c99f7.html

DA: Pa. man was angry at girl, 9, before murder

Associated Press | Posted: Friday, October 7, 2011 5:54 am

Prosecutors say a suburban Philadelphia man accused of killing his 9-year-old neighbor had been angry at the girl and said he wanted to "snap" her neck.
Twenty-four-year-old Souderton resident James Lee Troutman is charged with first-degree murder in the May 9 death of Skyler Rae Kauffman. Authorities say she was choked and beaten to death.
Prosecutors say in court papers filed Thursday that Troutman believed Kauffman had gotten him in trouble in connection with an incident at his apartment the month before. Court papers allege Troutman told a friend he was angry at Kauffman and wanted to "snap" her neck.
Montgomery County District Attorney Risa Vetri Ferman wants the alleged statement allowed as trial evidence.
Defense attorney William Craig Penglase says mental health will be an issue in the case.


Read more: http://www.pantagraph.com/news/national/article_e362c6f1-d555-5acb-b966-fdf8b0afdbe3.html#ixzz1a6ph0tqX

Prosecutors in Montgomery County are asking a judge to allow jurors to
view crime scene photographs during the trial of a man accused of
killing his 9-year-old neighbor last spring.
Twenty-four-year-old James Lee Troutman of Souderton is charged
with first-degree murder in Montgomery County in the May 9 death of
Skyler Rae Kauffman.
The (Pottstown) Mercury says prosecutors said in papers filed Thursday that jurors should not be
"unduly insulated" from a full understanding of the crime.
Defense lawyer William Craig Penglase will be able to challenge the request in a hearing before trial begins in January.
Prosecutors say they plan to seek the death penalty, citing other
offenses committed, the child's age and their contention that she was killed to prevent her from testifying.
http://abclocal.go.com/wpvi/story?section=news/crime&id=8384183

http://www.nbcphiladelphia.com/news/local/Trial-Begins-for-Alleged-Child-Murderer--136927583.html

The trial is set to begin on Monday for a man accused of murdering a 9-year-old girl back in May 2011.

Police say that 24-year-old James Troutman raped, beat and killed his neighbor Skyler Kauffman in the basement of their Souderton apartment building on May 9.

Kauffman’s body was found only a few hours after she was reported missing in the dumpster of the apartment building. Police say they followed a trail of bloody clothes.

While interviewing Troutman, police noticed blood on his sneaker. Later, he admitted to killing the third grader, wrapping her in a blanket and tossing her in a dumpster, according to court papers.

Prosecutors claimed in court papers filed last October that Troutman believed Kauffman had gotten him in trouble in connection with an incident at his apartment a month before her death. Court papers allege Troutman told a friend he was angry at Kauffman and wanted to "snap" her neck.

Prosecutors are seeking the death penalty in the case. Troutman pleaded not guilty back on July 20.

Troutman told police: "I'm a monster"




Skyler Kauffman of Souderton




FILE PHOTO - James Lee Troutman, 24, of Souderton, is charged in
the kidnapping, rape and murder of 9-year-old Skyler Kauffman on
May 9.


Posted: Monday, January 9, 2012 1:00 pm

Updated: 2:35 pm, Mon Jan 9, 2012.

By Margaret Gibbons
Staff writer

"I'm a monster. I'm a monster."

Those are the words that James Lee Troutman, with tears streaming down his face, repeatedly used in statements he gave to police in admitting to the murder and sexual assault of 9-year-old Skyler Kauffman in Souderton last May, according to the testimony of Montgomery County Homicide Det. Christopher Kuklentz.

Kuklentz read those statements in court Monday morning during a pretrial hearing on a defense motion to suppress Troutman's statements at the time of his trial.

Troutman, 25, formerly of the Souderton Gardens apartment complex, is charged with first and second degree murder, kidnapping and related offense for in the May 9 sexual assault and killing of Kauffman, who also lived at the complex.

Troutman, who has been held without bail since his arrest on May 10, allegedly wrapped the girl's lifeless body in a comforter and dumped it a nearby outside trash bin at the complex.

The county coroner listed Kauffman's death as asphyxia and multiple blunt injuries to the head.

District Attorney Risa Vetri Ferman, who is personally
prosecuting the case, has said she will seek the death penalty for Troutman if he is convicted of first degree murder.

http://www.phillyburbs.com/news/crime/cops_intell/troutman-told-police-i-m-a-monster/article_b912f979-1a49-53aa-a484-02597fc6043c.html

Defense lawyer wants judge to prevent use of Troutman’s personal documents as evidence

Posted: 01/09/12 05:36 pm

NORRISTOWN — A Halloween search of the jail cell of an accused Souderton
child killer was scrutinized in court Monday as the man’s lawyers
implied prosecutors unfairly obtained the accused’s confidential
handwritten notes.

“I’ve never see it before. I certainly didn’t expect it,” defense
lawyer William Craig Penglase testified, implying it was the first time
in his career that he encountered an incidence of prosecutors being able
to read what he believed were private, or privileged, communications
between he and a client.

Penglase, who represents James Lee Troutman, the 25-year-old Souderton
man accused of the alleged rape and murder of 9-year-old Skylar
Kauffman, wants a judge to prevent prosecutors from using as trial
evidence any documents seized by authorities from Troutman’s jail cell
on Oct. 31. Penglase, under questioning by co-defense lawyer John
McMahon Jr., implied 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.
“These are all strategies that we either have to employ or not employ
based on the evidence that’s available,” Penglase claimed, suggesting
many of the notes are protected by attorney-client privilege. “The fact
they have that…it’s terrifying.”

The disclosure of Troutman’s handwritten notes “is grossly
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, Penglase implied in court papers.

Penglase testified that when he initially had a difficult time
communicating with Troutman, he developed “a methodology” whereby he
asked Troutman to put his thoughts in written form so that they could
discuss them at future meetings

When the notes were seized by authorities during a search of Troutman’s
cell, Penglase claimed Troutman became distrustful and he had to rebuild
a working relationship with Troutman.


However, Deputy District Attorney Thomas W. McGoldrick implied the
documents were not considered attorney-client privilege because much of
what was contained in Troutman’s writings had been revealed to third
parties by Troutman and couldn’t be considered confidential

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

“I was cognizant of it and did my best to separate it,” Kuklentz said.


http://www.timesherald.com/article/20120109/NEWS01/120109599

UPDATED: James Lee Troutman’s alleged confession will be heard at murder trial

COURTHOUSE – A Souderton man’s alleged confession to sexually assaulting and killing a 9-year-old neighbor girl will be heard by a jury when his trial begins later this year, a judge has ruled.

“There was no improper police conduct here. The defendant’s Constitutional rights were not violated,” Montgomery County Judge William R. Carpenter said Tuesday, ruling that alleged statements given to detectives by accused child killer James Lee Troutman are admissible trial evidence. “All the statements were voluntary and not the product of coercion or delay.”
Troutman, 25, wearing a blue prison jumpsuit, did not react to the judge’s ruling, handed down after a pretrial hearing at which Troutman and his lawyer sought to prevent a jury from ever hearing his alleged incriminating statements.

The judge, who still must rule on other pretrial issues, has not yet set a trial date for Troutman, who is charged with 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.
District Attorney Risa Vetri Ferman, who is being assisted by Deputy District Attorney Thomas McGoldrick, and defense lawyer William Craig Penglase could not comment about the judge’s ruling as they are prohibited by a gag order imposed by the judge in the high-profile case.
But in court on Tuesday, McGoldrick characterized the crime as a “brutal” sexual assault and murder of a little girl. McGoldrick revealed authorities found Kauffman’s blood “all over” clothing worn by Troutman.
“That’s essentially the case. He crushed her skull and strangled her,” McGoldrick said in court, revealing Kauffman died of blunt force trauma and asphyxia and was sexually assaulted before Troutman allegedly hid her body in a trash Dumpster at the apartment complex.
Ferman argued Troutman’s confession was obtained “within the bounds of the law” and that the statements, allegedly given during five interrogation sessions from 12:01 a.m. to 1:26 p.m. on May 10, were admissible prosecutorial trial evidence. Prosecutors said Troutman was very talkative and that at no time was he coerced or threatened to talk to investigators.
Detectives never displayed their weapons and Troutman never asked for the assistance of a lawyer while being questioned, according to testimony.

Troutman’s alleged confession was revealed Monday during testimony by county Detective Christopher John Kuklentz.
“He repeatedly said, ‘I’m a monster.’ He continued to ask us to shoot him so he would not go to jail,” Kuklentz testified, recalling the chilling words uttered by Troutman.
It was during a 22 minute portion of the interrogation, between 2:48 and 3:10 a.m., when Troutman was questioned about blood on his sneakers, that Troutman’s “eyes welled with tears” and he raised his hands with a choking gesture, Kuklentz testified.
“He demonstrated the choke. He had tears running down his cheeks. He said, ‘I’m a monster,’” Kuklentz recalled.
With the alleged confession in hand, detectives subsequently administered Troutman his rights and took him into custody at that point, testimony revealed.
A short time later, Troutman was asked what he did with Kauffman’s pants.
“I pulled them off of her and put them around her neck. I tied them around her neck,” Troutman said, according to testimony.
Troutman, according to testimony, allegedly told detectives he initially encountered Kauffman in the complex about 5 p.m. May 9 and that he convinced her to go to a basement area of the building where he lived, under the guise he wanted to show her something.
Troutman allegedly went on to tell detectives, “I snapped.”
“It happened so fast. It feels like a blur,” Troutman allegedly stated, according to testimony.

Testimony revealed that when detectives asked Troutman about a large amount of blood discovered in the basement of the building where Troutman resided he allegedly replied, “Her head hitting the floor a couple times, at least.”
Troutman, through Penglase, implied his Constitutional rights against self-incrimination and to the assistance of counsel were violated during the interrogation, which took place over the course of about 13 hours.
“It’s too long a period of time under any circumstances,” Penglase argued to the judge. “I think that goes beyond all grounds of decency. Clearly, he was in a stressed state of mind. He was fatigued.”
Penglase, of Doylestown, previously hinting at potential defense strategies, said, “mental health will be an issue in this case.” Penglase previously said Troutman reported suffering from autism or Asperger’s syndrome.
But Kuklentz testified on Monday that a review of Troutman’s medical records showed no reference that he was ever treated or diagnosed with Asperger’s syndrome.
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.Follow Carl Hessler Jr. on Twitter @MontcoCourtNews


http://www.timesherald.com/article/20120110/NEWS01/120119969/-1/NEWS&pager=1

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