Judge nips dismissal attempt
A Butler County Court order delivered Friday denied the dismissal of a first-degree homicide charge — and with it the death penalty — against a Butler man charged in connection with the death of a 4-year-old child.
The order, handed down by Judge Timothy McCune, denied a habeas corpus petition filed on behalf of Keith Jordan Lambing, 20, who was charged with first-degree homicide, involuntary deviate sexual intercourse with serious bodily injury, rape of a child, rape of a child with serious bodily injury 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.
Lambing's defense attorney attempted to have the first-degree homicide charge, and with it the death penalty, tossed.
The Butler County District Attorney's Office filed a Notice of Aggravating Circumstances on April 28, seeking the death penalty against Lambing. First-degree homicide is the only charge that can carry the death penalty.
Attorneys for both sides argued their positions on Aug. 21. Following that hearing McCune allowed time for each side to file a brief in support of the arguments before issuing Friday's order.
Chief Public Defender Kevin Flaherty, Lambing's attorney, had previously argued that the Commonwealth presented no testimony supporting the element of “willful, deliberate and premeditated” intent in regards to the homicide charge, making a charge of first-degree homicide inappropriate.
Flaherty, in court filings, said “there is not even a scintilla of evidence indicating that the defendant wanted to kill (Miller).”
He also argued that the prosecution has “ridden the wave” of public opinion and sentiment calling for the death penalty despite “a record totally devoid of any intention or state of mind evidence necessary to hold such first-degree charge on a prima fascia level.”
Flaherty argued that evidence was also presented that the injuries could have occurred up to 72 hours prior, and that no evidence was presented that Lambing had caused the injuries.
Assistant District Attorney Terri Schultz, in her memorandum of law, argued that testimony presented at the April 27 preliminary hearing by Butler Township Detective Thomas Vensel established that Bentley was in Lambing's care and was “alone with Lambing when the injuries occurred that resulted in his death.”
She also argued that Dr. Todd Luckasevic of the Allegheny County Medical Examiner's Office, who testified that Bentley's death was a result of severe internal and external bleeding caused by external and internal injuries, including seven bruises to the head, a second-degree burn to the hand, hand marks on his lower abdomen and bruising to his lower back was evidence establishing that Lambing intended to kill Miller.
“There were both external and internal bruises on his hand and torso which were inflicted by defendant ...,” the document states. “There can be no doubt that defendant acted with malice and specific intent to kill.”
Also denied was a habeas corpus argument tied to an attempted escape incident on March 28.
