Lambing wants info tossed
A Butler County judge will hear arguments on whether statements made to police by the man accused of raping and killing 4-year-old Bentley Thomas Miller last year, as well as other evidence in the case, should be thrown out before trial.
Responding to a request made by Keith Jordan Lambing’s defense team in September, Judge Timothy McCune scheduled a suppression hearing Dec. 5 to deliberate several requests Lambing made through his lawyer, public defender Charles Nedz.
The hearing will address Lambing’s request that prosecutors drop the death penalty, and that McCune throw out two interviews that Butler Township police conducted with Lambing — along with all physical and forensic evidence authorities collected from the victim — over what Nedz argues was a due process violation.
In response to Lambing’s request that the trial be moved out of Butler County, McCune put off making a decision, saying the issue would be “determined later once the trial is scheduled.” Nedz argued that due to media attention any jurors selected in the county would be biased or have already formed an opinion on the case.
On March 21, 2017, Bentley Thomas Miller bled to death after being sexually assaulted in a room at the Super 8 motel on Pittsburgh Road in Butler Township, according to investigators. Lambing is charged with one felony count each of criminal homicide, involuntary deviate sexual intercourse with serious bodily injury, rape of a child, rape of a child with serious bodily injury, aggravated indecent assault of a child, aggravated assault and endangering the welfare of children, and one misdemeanor count of recklessly endangering another person.
To aid in building Lambing’s defense, Nedz also requested that a defense expert in criminology be appointed. McCune denied this request, writing that more details are needed before the request could be fulfilled. Nedz confirmed Thursday that at some time in the future they will specify the needed information.
District Attorney Richard Goldinger is seeking the death penalty in the case. Assistant District Attorney Terri Schultz, who is prosecuting the case, confirmed Thursday that prosecutors have no intention of dropping their pursuit of the death penalty if Lambing is found guilty.
Lambing’s defense attorneys argue in court filings that the death penalty “constitutes cruel and unusual punishment,” that violates the Eighth Amendment of the Constitution, and that it “offends the evolving standards of decency.”
The prosecution must respond within 45 days to this and other requests made by Lambing’s defense in the September motion.
McCune also scheduled a second hearing for Jan. 30, 2019, when, among other things, the constitutionality of the death penalty will be argued.
