SOUDERTON, Pa. (CBS) – While family and friends wonder whether the suspect in Monday night’s murder of  nine-year-old Skyler Kauffman should have been behind bars for an earlier incident that occurred with the girl, police are defending their actions.

District attorney Risa Ferman (above) stepped in on Tuesday afternoon when reporters tried to press Souderton police chief James Leary about what happened in James Troutman’s apartment last month. Court documents reveal that Skyler and a friend asked to use the bathroom and became nervous when they saw pictures of naked women on the walls.  They also reported they had to unlock the door to get out.

Ferman says it doesn’t appear what happened rose to a level of criminal activity.

“While I don’t have all of the facts that transpired that day, it certainly seems to me that you have to have a crime take place in order to file charges,” DA Ferman said.

The girls also reported that Troutman made a lewd comment to them.  Neighbors wonder whether police had a chance to stop Skyler’s alleged killer (see related story).

Reported by Brad Segall, KYW Newsradio 1060

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