GUILTY PA - Scotty McMillan, 3, tortured to death, Chester County, 4 Nov 2014

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The man allegedly at the center of the brutal murder of 3-year-old Scott “Scotty” McMillan has hired a new attorney to represent him in the death penalty case he faces, a move that is not expected to delay the eventual trial next year, according to those involved.

Gary Lee Fellenbaum III appeared in Common Pleas Court Monday before Judge William P. Mahon to formally ask that the two members of the Chester County Public Defender’s Office representing him be removed from the case and his new, private attorney, allowed to appear on his behalf.

His new attorney, George Yacoubian of Philadelphia, entered his appearance on May 25.
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http://www.delcotimes.com/article/DC/20160620/NEWS/160629967
 
After reading all the horrendous cases of child abuse, I find this one today and I think it is the worst. I can visualize the child squirming, flinching at the end of that rope. Unfortunately I became very disturbed and obsessive about the baby Chance case and joined WS because of it. But this is worse in several ways because Scott at 3 years old was aware that it was his mother participating, laughing?
 
I work in the town this trial will be in....


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Links to Previous Summaries, & Upper Court of Common Pleas Docket Sheets

Defendants:

Gary Fellenbaum :: Post # 109:

http://www.websleuths.com/forums/sh...BF-charged-4-Nov-2014&p=11349374#post11349374
&
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-15-CR-0004386-2014


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Jillian Tait :: Post # 110:

http://www.websleuths.com/forums/sh...BF-charged-4-Nov-2014&p=11349392#post11349392
&
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-15-CR-0004412-2014


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Amber Fellenbaum :: Post # 111:

http://www.websleuths.com/forums/sh...BF-charged-4-Nov-2014&p=11349409#post11349409
&
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-15-CR-0004411-2014



Thinking of Little Scotty Today.
 
Attorneys: Move ‘Scotty’ murder trial out of Chester County

http://www.phoenixvillenews.com/general-news/20161107/attorneys-move-scotty-murder-trial-out-of-chester-county?source=most_viewed

Attorneys for the man and woman accused of the brutal torture and murder of 3-year-old Scott “Scotty” McMillan want the trial of their clients moved from Chester County, or to have the jurors in the capital case chosen from another locale and brought here, saying the extensive pre-trial press and social media accounts of his death have forever tainted the local jury pool against them.

In pre-trial motions filed recently with Common Pleas Judge William P. Mahon, defense attorney George S. Yacoubian Jr. of Radnor, who represents Gary Lee Fellenbaum, said that his client’s constitutional right to a fair trial had been hopelessly compromised by the pre-trial publicity the case had received in newspaper articles, television broadcasts, and internet posting.

“The self-evident conclusion is that this county has been so saturated with the facts underlying this case that it is impossible for defendant to receive a fair trial before a jury of impartial persons who learn of the case only through the evidence properly admitted during trial,” Yacoubian wrote in his request for a change of venue.

Laurence Harmelin of West Chester, a veteran county defense attorney representing Jillian Tait, McMillan’s mother and Fellenbaum’s girlfriend, also filed a motion requesting the trial be moved.

A hearing on that motion, as well as the three dozen or more others that were filed by the deadline Mahon imposed earlier of Nov. 1, will be held on Jan. 5, 2017. The trial is scheduled to start April 3, 2017, with jury selection.
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Competency at issue, ‘Scotty’ trial delayed

http://www.phoenixvillenews.com/general-news/20170120/competency-at-issue-scotty-trial-delayed

The death penalty trial for the man accused of the brutal torture and murder of 3-year-old Scott “Scotty” McMillan was pushed back until September after a convoluted hearing Thursday on whether the accused is competent to help his attorney defend the case.

After a hour-long proceeding that dealt with a motion to have Gary Lee Fellenbaum undergo a psychological evaluation — first made and then withdrawn by his defense attorney — Common Pleas Judge William Mahon ordered that the new trial date be set for Sept. 18, more than five months after its previously scheduled start date of April 1.

In the meantime, Mahon gave Fellenbaum’s attorney, George Yacoubian of Philadelphia, 45 days to have his client evaluated by a mental health expert to determine whether he would be competent to stand trial. The judge also set a date in mid-April for hearings on a number of pre-trial motions, including whether to combine Fellenbaum’s trial with that of the victim’s mother, Jillian Tait, and whether to move the trial out of Chester County.
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Chesco man accused in 3-year-old's death says he only 'spanked' boy

http://www.philly.com/philly/news/pennsylvania/Chester-County-West-Caln-man-beating-girlfriends-3-year-old-son-death-torture.html

A Chester County man accused of fatally beating his girlfriend’s 3-year-old son in 2014 acknowledged Monday that he had struck the boy, but insisted he didn’t kill him or even know he had died.

“I did lay a hand on him a very limited amount,” Gary Lee Fellenbaum III told a judge in West Chester. “I spanked his hind end.”

Fellenbaum’s testimony came toward the end of a daylong pretrial hearing where his lawyer argued prosecutors shouldn’t be allowed to introduce statements he gave to detectives in the hours after the November 2014 death of Scott McMillan.

Fellenbaum testified that if he had known Scott was dead he would have asked for an attorney and would not have spoken to detectives. His lawyer, George S. Yacoubian Jr., argued that was grounds for Judge William P. Mahon to exclude the statement at trial. Yacoubian said his client was subjected to “deceptive tactics of police.”

Mahon said he will decide at a later date whether to let prosecutors introduce Fellenbaum's statement at trial.
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The judge on Monday also ruled Fellenbaum competent to stand trial, adopting the findings of a psychiatric evaluation. And he denied — at least for now — a request by the defense lawyer for a change of trial venue or to pick a jury from outside the county.

Mahon said he wasn’t swayed by Yacoubian’s claim that pretrial publicity has tainted the possible jury pool.
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I see zero case updates since April 17, 2017 but trial is scheduled to start in a few weeks (Sept 2017) Anyone know of any updates. I have looked all over. Thanks
 
Jury selection set for this month in ‘Scotty’ murder trial

http://www.pottsmerc.com/general-news/20170904/jury-selection-set-for-this-month-in-scotty-murder-trial

Later this month, dozens of Chester County residents will gather on the seventh floor of the county Justice Center to begin the process of jury selection in the case of the man accused by authorities of the torture and death of a 3-year-old boy, Scott “Scotty” McMillan.

But whether a jury is actually empaneled at that time in the case of Gary Lee Fellenbaum remains an open question.

Common Pleas Judge William P. Mahon, who is overseeing the case against Fellenbaum — in which the prosecution is seeking the death penalty — has given defense counsel the opportunity to ask that a jury be brought in from another county or the trial be moved, should it become clear that an insufficient number of those potential jurors called say they can fairly and objectively decide the case against the 26-year-old former West Caln man.
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Chester County man pleads guilty to fatally beating 3-year-old

http://www.philly.com/philly/news/crime/chester-county-man-pleads-guilty-to-fatally-beating-3-year-old-20170908.html

Gary Lee Fellenbaum III, the Chester County man prosecutors say fatally abused his girlfriend’s 3-year-old son, pleaded guilty Friday in order to be spared the death penalty.

At the end of an emotional, hour-long hearing, County Judge William P. Mahon agreed to the negotiated plea, sentencing Fellenbaum, 26, to life in prison plus 10 to 20 years.
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Even as First Assistant District Attorney Michael Noone read a note written by Scott’s older brother, Fellenbaum looked straight ahead, unflinching.

The note read: “Dear Scotty, I am so sorry that you got killed by Gary. I was trying to protect you. I have good news and bad news. The good news is Gary is in jail. The bad news is you are in heaven and not with me.”
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That note from the brother is heartbreaking. I hope the 's are haunted by what they did every second of their miserable lives. I hope they never feel a moment's safety, that they live in fear. I hope that little boys face is the first thing they see in a morning and the last thing at night. I hope his final moments haunt them. Sleep tight Scotty, you didn't deserve this. It wasn't your fault. You're safe now.

Logging out of WS, just when I think the world can't get any worse, that humans can't get any more cruel, someone has to come along to prove me wrong.

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DA defends ‘Scotty’ decision

http://www.dailylocal.com/general-news/20170909/da-defends-scotty-decision

“By resolving this case with a life plus 10-year sentence, we have insured that (the brother) will not have to come in and answer brutal questions about a nightmare we would not want him to relive,” Noone said during a press conference held in the DA’s offices following Fellenbaum’s plea Friday. “Every decision (in the case) was made to try to protect (the boy) as much as possible.”

The now 8-year-old boy is in school, doing well, does not suffer any long-term affects from the physical injuries he suffered at Fellenbaum’s hands, and has been adopted by a paternal aunt and uncle from Lancaster County, where his mother grew up, authorities say. But he is in psychological therapy, has nightmares, and sometimes believes that someone is coming to kill him, his adoptive parents said in court during the plea proceedings.
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Jillian Tait sentenced to 42-94 years in state prison for torture death of son, ‘Scotty’ McMillan

http://www.dailylocal.com/general-news/20171211/jillian-tait-sentenced-to-42-94-years-in-state-prison-for-torture-death-of-son-scotty-mcmillan

“Dear Mom,” the letter, read in Common Pleas Court by First Assistant District Attorney Michael Noone, who led the prosecution of murderer Gary Lee Fellenbaum; his wife, Amber Fellenbaum; and McMillan’s mother, Jillian Tait, began.

“In November 2014, you, Gary and Amber were trapped in a house of torture,” wrote the boy, who now lives with his adoptive parents, relatives who took the older son in after the murder, to Tait, who gave birth to him while she worked at a senior home in West Chester. “The torture was you guys. The victims were me and Scotty. Scotty got killed. I got beaten.

“You are the worst mother I’ve ever known,” Noone continued to read, as Tait stood listening, weeping openly in Judge William P. Mahon’s courtroom. “You just watched us get hurt. I wish you never met Gary. He is really evil. He nearly killed me. You are the reason Scotty got killed.

“I thought parents were supposed to protect us,” the letter concluded, “Now you are in jail for your time out.”
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As punishment for watching her boyfriend beat her young sons regularly and torture them for petty misdoings, helping him at times and never raising a hand to stop the abuse, Mahon sentenced Tait to 42 to 94 years in a state prison.

On Monday, Mahon also sentenced Amber Fellenbaum, the killer’s estranged wife who lived in the household and witnessed the brutal beatings but did nothing to prevent them or notify authorities, to a state prison term of 6 1/2 to 16 years, much more then the three years that her attorney, Thomas P. McCabe of West Chester had requested.
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Dang I wish I had known this was happening I’d have gone to watch [emoji35]


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