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LEWISTOWN – The first in what is most likely to be several pre-trial hearings in the case against a man accused of killing his estranged wife and mother-in-law, was held Thursday.
In May, defense attorney Jay Abom submitted a series of pre-trial motions to the court on behalf of his client, Travis A. White who is alleged to have shot and killed, Carol D. White and Floris C. Lewis in the early morning hours of July 13, 2015 at 164 Fairway Place in Granville Township.
White and co-defendant Jason Kuhns, who is charged with conspiracy to commit homicide and other related charges, are alleged to have taken part in killings. Both victims died as a result of gunshots to the head from a .22 caliber rifle on the above date. Both defendants have pleaded not guilty and await trial. No trial date has been set.
Many of Abom’s pre-trial motions will be addressed further in the form of briefs submitted to the court within the next 30 days. President Judge Dave Barron gave the attorneys until July 18, to submit those briefs, after which the court will issue an opinion. Barron also granted Abom’s motion for an extension of time to file additional pre-trial motions, which may include the possibility of an alibi defense and or defense of insanity or mental infirmity and notice of expert evidence on mental condition.
During Thursday’s hearing, several law enforcement officials testified in regards to Abom’s motion that his client requested an attorney on several occasions while in police custody.
Granville Township Police officer Thomas Wilson testified White made reference to an attorney, however he also said he was willing to speak with him and other officers.
Pennsylvania State Police Troopers Michael Elder and Blaine Henderson also testified during the hearing.
Elder, the lead investigator in the case, testified he spoke with White twice on the day of the double homicide, and once while he was in custody during the days following.
“At no time did he ever ask to speak with an attorney or ask me to stop questioning him,” Elder said.
Both troopers also stated that White was properly advised of his rights.
Abom’s recent court filings come on the heels of the Mifflin County District Attorney’s office notice to pursue the death penalty against White.
In his motion, Abom argues that “the death penalty is, in and of itself, cruel and inhuman punishment, especially where the alternative of life imprisonment without the possibility of parole exists, as it does in the Commonwealth of Pennsylvania,” and is therefore unconstitutional.
Abom also states in his motion that “the criminal justice system is fallible, thereby subjecting innocent persons to the death penalty.”
According to court documents, Abom is also requesting the court suppress White’s statements to law enforcement he made while in custody, arguing that his client requested an attorney several times and was not read his Miranda rights.
Other statements Abom would like to see suppressed include testimony about alleged conversations between Kuhns and a former cell mate, Joshua Dunlap while they were incarcerated at the Centre County Correctional Facility. During those conversations, Kuhns is alleged to have made statements to Dunlap implicating himself and White in the killings.
Abom also wants statements Kuhns allegedly made to law enforcement suppressed. In addition, Abom has asked the court to suppress physical evidence in the case on the grounds that law enforcement did not have probable cause when applying for a search warrant.
If the case against White were to be heard by a jury, Abom argues that the media coverage has made it impossible for his client to receive a fair trial in Mifflin County and thus he is requesting the trial be moved out of the county. Abom is also requesting that the court limit the admission of crime scene and or autopsy photographs during a trial.
In a separate previous court filing, Abom filed a motion to have certain documentation in the case sealed and the court granted that motion.
Background:
On the morning of July 13, 2015 police discovered Carol White’s body outside the residence while Floris Lewis was shot in her bed. Both sustained multiple gunshot wounds. Their deaths were ruled homicides by Mifflin County Coroner Daniel Lynch.
Police were initially summoned to the Fairway Place address after a neighbor reported seeing an individual with a gun.
Shortly thereafter, the same neighbor reported hearing three “pops” and looked across the road to see who she believed to be Travis White, court documents indicate.
White was the estranged husband of Carol White, and the two were in the process of finalizing divorce proceedings when she and her mother were killed.
White, along with Kuhns were subsequently incarcerated on receiving stolen property charges, which were filed against both of them following the discovery of several stolen rifles in a car being driven by Kuhns on the morning of the double homicide.
White and Kuhns were both taken into custody in the vicinity of the double homicide.
The guns are the property of Brent Stickler, whose residence in McAlevys Fort had been burglarized, where approximately 16 guns were taken. Stickler told police he knows White through White’s mother, court documents indicate. Police confirmed via serial numbers that the weapons seized from White’s Jeep were the same guns taken from Stickler.
On the morning of the double homicide at the Fairway Place address, police observed what they believed to be blood on the ground in front of the garage door. A red Chrysler was parked in the driveway; a blue Chevrolet was parked in front of the Chrysler. The right side garage door was open and a dark blue Buick Lacrosse was parked inside with the driver’s door open, court documents indicate.
When police responded to the scene that morning, they stopped a blue/grey Jeep traveling northwest, away from the crime scene. Kuhns was driving the vehicle, which was registered to Travis White, court documents indicate.
Kuhns was taken into custody and a large number of firearms, a bottle of bleach, ammunition, bolt cutters and several other items were in plain view inside the vehicle. Travis White was found a short distance from the scene walking west along Middle Road and was also taken into custody.
Kuhns was interviewed by police and related that he and Travis White had gone to Harrisburg the previous evening in an attempt to sell the guns, but were unsuccessful. Kuhns stated White was driving a dark-colored car that morning, which was consistent with the blue Buick located at the crime scene, police said.