How mishandled evidence led to dismissal of charges in 2004 arson case that killed Savannah Streber

Cold case collapse: Explaining why an arson-murder case was thrown out

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ROCHESTER, N.Y. – The man accused of setting the house fire that killed 8-year-old Savannah Streber in Rochester more than 20 years ago is no longer standing trial. But, why?

The dismissal

Timothy Kuhn was escorted out of the Monroe County Jail on Tuesday after the judge said his constitutional right to a speedy trial was violated when it was discovered Rochester Police Department investigators insufficiently documented and failed to act upon critical evidence.

Indictment dismissed in 2004 arson death of 8-year-old girl, suspect Timothy Kuhn released

The news outraged the community and devastated Savannah’s family.

“There’s a child killer right there, why did you kill my sister Tim?” Savannah’s sister yelled as Kuhn was walking out.

“Judge Muller told us as he was releasing him and letting us know he’s dismissing the case, that he hopes the Streber family can find peace,” Savannah’s other sister said.

“I said to him, ‘How can we find peace when you’re letting his killer walk?’ I stood up in court and I yelled ‘Why? You’re all allowing this, every single person in this courtroom is letting a killer walk free right now.’ And they escorted me out of the courtroom,” the sister added.

The fire was quickly determined an arson in 2004 but Kuhn wasn’t arrested until 2023. The dates are very important in understanding why the case was dismissed.

News10NBC’s digging

So how did the case end up this way? News10NBC’s Brett Davidsen spoke with Monroe County District Attorney Brian Green about how it all unraveled. It started with a witness last week.

They were prepping for the trial, which was supposed to start on Tuesday. District Attorney Brian Green tells Brett the prosecutors were interviewing their star witness, who claimed Timothy Kuhn confessed to setting the fire that killed Savannah Streber in 2004.

It was the break they said they needed to finally charge Kuhn with murder. But it turns out, what they thought was newly discovered evidence was actually decades old.

As they prepared for trial, prosecutors learned the witness had told Rochester police investigators about the alleged confession as early as 2005. Because it wasn’t new evidence, the judge threw out the case.

Brian Green, Monroe County District Attorney: “Our ADA’s were prepping and interviewing the witness and learned that he had said something back in 2005, which renders it not new evidence.”

Brett Davidsen, News10NBC: It seems like that it could have been inconsequential, but it really isn’t?”

Green: “No, it’s absolutely consequential.”

The DA says they had an obligation to turn the information over to Kuhn’s attorneys due to constitutional principles of justice and fairness.

Davidsen: “Why would it be a violation of someone’s constitutional rights if he hadn’t been charged and was living freely for 20 years?”

Green: “The idea is that they would have been able to provide a more robust and better defense back in 2005-2006 if the case had been brought then on the same evidence its being brought 20 years later.”

Green: “It’s heartbreaking to not be able to provide some level of closure or accountability for Savannah’s family, but the decision itself was pretty easy because we have this obligation we take very seriously.”

Why the witness’s information wasn’t included in the case file is unclear. RPD declined to comment further, saying in a statement on Tuesday it was a saddening setback. The investigators in charge of the case back in 2004 are now retired.

Green says they did meet with Savannah’s family on multiple occasions to explain the circumstances and plan to meet again with them later this week.

The district attorney says Kuhn cannot be re-charged in this case on the state level. It’s possible the feds could look at the case, but Green says he’s had no conversations with federal prosecutors.

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