Butler County's president judge on Tuesday quashed a subpoena filed by lawyers for a Butler man charged with the death of a 4-year-old child, which could have added a new variable to the case.
Judge Thomas Doerr quashed two subpoenas in the case against Keith Jordan Lambing, 20, who is charged with first-degree homicide, involuntary deviate sexual intercourse with serious bodily injury, rape of a child and other charges in connection with the death of 4-year-old Bentley Thomas Miller on March 21 at the Super 8 motel on Route 8 in Butler Township.
One subpoena, filed by Chief Public Defender Kevin Flaherty on Jan. 11, demanded that the Butler Township Police Department turn over all written records and evidence in the investigation into the still-pending suicide death investigation of Michael Karch at the Super 8 on Dec. 28.
After Tuesday's court proceeding Flaherty declined to say if that information would have been used to craft a defense for Lambing, but did say that it would have been used to “determine who else was there.”
“We have reason to believe that there may be exculpatory evidence (evidence favorable to the defendant), but we can't make that determination without further information and evidence,” Flaherty said.
Assistant District Attorney Terri Schultz filed her answer to that motion on Monday, stating that there is “absolutely no indication by any witnesses or party to the case that Mr. Karch was a participant or linked to said crime in any manner.”
The second subpoena was to the Pennsylvania State Police Greensburg Regional Laboratory — for all forensic and drug analysis evidence regarding the Lambing investigation.
Pending Tuesday's proceeding, Doerr had granted an oral motion by Schultz to have that subpoena quashed.