Butler County's president judge Tuesday quashed a subpoena filed by defense lawyers for a Butler man charged in 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 Lambing's attorney, Chief Public Defender Kevin Flaherty, on Jan. 11, demanded that the Butler Township Police Department turn over all written records and evidence of the investigation into the still-pending suicide death investigation of Michael Karch at the Super 8 on Dec. 28.

Following the proceeding, Flaherty declined to say if that information would have been used to craft a defense 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 Monday, arguing 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.

Flaherty then filed a motion to reopen the record on the matter on Friday, which states that “the defense has a strong reason to believe that Mr. Karch's suicide is directly related to the above-captioned criminal case and the facts and circumstances that occurred with the death of Bentley Miller.”

“Such is important to obtain the specifics of the police investigation and the Coroner's report/investigation, and any evidence collected from the scene such as any suicide note,” the document states.

Flaherty argued that Karch's death is not a criminal case, and therefore the prosecution “lacks standing to challenge the issuance of said subpoena ...”

“The Commonwealth does not represent the Butler Township Police Department in uncharged matters and does not have the ability to seek quashal of the subpoena,” he argued in the motion.

District Attorney Richard Goldinger explained that following an on-the-record discussion in chambers with the judge, Doerr decided that the subpoenas were “not the appropriate manner to obtain discovery and quashed them all.”

“We really don't know what the nexus is between his suicide and the Lambing case,” Goldinger said. “Karch's name did come up during the investigation as someone at the motel that night. But that was the extent of his involvement. Maybe they have additional information that we don't have.”

Doerr did, however, grant a defense motion to compel discovery, which Flaherty filed Friday stating that “limited” discovery was supplied on July 19 and Jan. 8, but still lacks the initial criminal reports from the Butler Township Police Department.

“Without receiving the initial investigative report ... and the forensic DNA evidence, the defense is largely prevented from obtaining defense experts to independently examine the investigation and forensic evidence, or filing an accurate omnibus pretrial motion at this time,” the motion states.

Another reason cited is that “discovery is important in this case since the Commonwealth lacks any specific evidence to show Keith Jordan Lambing was alone with Bentley Miller when he sustained injury.”

“All the evidence sought is relevant to further the defense investigation, identifying additional suspects, for the cross examination of evidence and witnesses at trial, for the production of evidence to secure independent defense experts and for the general use of the defense throughout the pretrial, trial, and appellate phases,” the motion states.

Goldinger said that evidence had previously been supplied in the form of a thumb drive to the Public Defender's Office, and his office was again preparing to submit that information.

Doerr ordered that it be turned over within two weeks, and allowed 60 days following that receipt for review and filing on pretrial motions.

Flaherty said the granting of the motion was “sort of mission accomplished” as they need the information to “adequately and aggressively represent our client.”

“This case has been going on for 10 months and there has been very little discovery in it,” he said, “We are now moving in the right direction. We have some discovery that we didn't have before today. We will review it and go forward,”

Lambing was charged by Butler Township police in connection with injuries that investigators say caused Bentley's death, and were inflicted while Lambing was baby-sitting the boy at the motel.