April Kauffman's husband may soon have to submit his DNA in her homicide investigation. But the public won't know.
The Atlantic County Prosecutor's Office filed a motion to compel Dr. James Kauffman to submit to a buccal swab to compare his DNA with blood found mixed with the victim's in the guest bedroom of the home they shared.
Kauffman has been completely cooperative with the investigation, including giving the Prosecutor's Office leads in the case, defense attorney Ed Jacobs told the judge Friday. But the investigation needs to change its focus, he said.
Local radio host and veterans advocate April Kauffman was found shot to death inside her Linwood bedroom May 10, 2012. No one has ever been charged and previous Atlantic County prosecutors have refused to comment on the investigation.
But, as the fifth anniversary of Kauffman's death passed, newly appointed Prosecutor Damon Tyner filed the motion, which was heard before Superior Court Judge Bernard DeLury on Friday morning.
Blood found in a guest bedroom of the home the couple shared is that of the victim mixed with an unknown person's, Chief Assistant Prosecutor Seth L evy told the judge. A comparison to her widower's DNA could exclude him, or include him.
Dr. Kauffman did not appear in court. Instead, Jacobs presented six points as to why his client should not have to submit a sample in the case.
That included saying that a warrant is needed to take things like blood, which is considered a search and therefore requires a warrant, Jacobs said. But that would require probable cause, which the state has not given.
Jacobs did successfully argue that any decision — along with any results if a DNA submission is successfully granted — would be sealed as part of the ongoing investigation.
The prosecution needs to move its focus away from the victim's husband in order to find the true killer, Jacobs said.
"We have provided at least seven investigatory leads to the Prosecutor's Office in writing over these five years," he said.
Dr. Kauffman spoke with investigators for at least 25 minutes on the day of the killing, and gave a 232-page deposition in 2014.
"He didn't take the Fifth Amendment one time," Jacobs said, referring to the right against self-incrimination.
While it was not mentioned why that deposition was given, it was likely part of a civil lawsuit that pits Dr. Kauffman against his late wife's daughter, Kimberly Pack.
Pack is suing Kauffman to keep him from getting money from two life insurance policies her mother had totaling $600,000. The suit was started when the insurer refused to pay Kauffman if he couldn't submit a letter from the prosecutor saying he was not involved in his wife's death. The company then brought Pack into the suit, saying she had an interest as the secondary beneficiary. The insurer then agreed to put the money into a trust with the court, which will decide who gets it.
Pack was not at the hearing Friday, although two of her mother's best friends were.
"I'm dumbfounded," Lee Darby said outside court of the arguments posed by Jacobs. "Just give the sample. At least we know what they're looking at."
Much of Jacobs' arguments fit in with someone on trial, Levy told the judge.
"This is a 'may have' committed the crime," he said. "The state hasn't presented evidence. This is not trial. We're not there yet."
What the state does know, he said, is that there is not evidence to back that Dr. Kauffman left his wife — alive in their home — at 5:30 the morning of her killing.
"We do know he was the last person to see her," Levy said. "We do know he's, presumptively, with her the whole night before."
DeLury said he will have a decision by Tuesday, when he returns from the three-day Memorial Day weekend. That decision will go only to the two sides and not be released to the media or public.
April Kauffman's husband may soon have to submit his DNA in her homicide investigation. But the public won't know.
The Atlantic County Prosecutor's Office filed a motion to compel Dr. James Kauffman to submit to a buccal swab to compare his DNA with blood found mixed with the victim's in the guest bedroom of the home they shared.
Kauffman has been completely cooperative with the investigation, including giving the Prosecutor's Office leads in the case, defense attorney Ed Jacobs told the judge Friday. But the investigation needs to change its focus, he said.
Local radio host and veterans advocate April Kauffman was found shot to death inside her Linwood bedroom May 10, 2012. No one has ever been charged and previous Atlantic County prosecutors have refused to comment on the investigation.
But, as the fifth anniversary of Kauffman's death passed, newly appointed Prosecutor Damon Tyner filed the motion, which was heard before Superior Court Judge Bernard DeLury on Friday morning.
Blood found in a guest bedroom of the home the couple shared is that of the victim mixed with an unknown person's, Chief Assistant Prosecutor Seth L evy told the judge. A comparison to her widower's DNA could exclude him, or include him.
Dr. Kauffman did not appear in court. Instead, Jacobs presented six points as to why his client should not have to submit a sample in the case.
That included saying that a warrant is needed to take things like blood, which is considered a search and therefore requires a warrant, Jacobs said. But that would require probable cause, which the state has not given.
Jacobs did successfully argue that any decision — along with any results if a DNA submission is successfully granted — would be sealed as part of the ongoing investigation.
The prosecution needs to move its focus away from the victim's husband in order to find the true killer, Jacobs said.
"We have provided at least seven investigatory leads to the Prosecutor's Office in writing over these five years," he said.
Dr. Kauffman spoke with investigators for at least 25 minutes on the day of the killing, and gave a 232-page deposition in 2014.
"He didn't take the Fifth Amendment one time," Jacobs said, referring to the right against self-incrimination.
While it was not mentioned why that deposition was given, it was likely part of a civil lawsuit that pits Dr. Kauffman against his late wife's daughter, Kimberly Pack.
Pack is suing Kauffman to keep him from getting money from two life insurance policies her mother had totaling $600,000. The suit was started when the insurer refused to pay Kauffman if he couldn't submit a letter from the prosecutor saying he was not involved in his wife's death. The company then brought Pack into the suit, saying she had an interest as the secondary beneficiary. The insurer then agreed to put the money into a trust with the court, which will decide who gets it.
Pack was not at the hearing Friday, although two of her mother's best friends were.
"I'm dumbfounded," Lee Darby said outside court of the arguments posed by Jacobs. "Just give the sample. At least we know what they're looking at."
Much of Jacobs' arguments fit in with someone on trial, Levy told the judge.
"This is a 'may have' committed the crime," he said. "The state hasn't presented evidence. This is not trial. We're not there yet."
What the state does know, he said, is that there is not evidence to back that Dr. Kauffman left his wife — alive in their home — at 5:30 the morning of her killing.
"We do know he was the last person to see her," Levy said. "We do know he's, presumptively, with her the whole night before."
DeLury said he will have a decision by Tuesday, when he returns from the three-day Memorial Day weekend. That decision will go only to the two sides and not be released to the media or public.
