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Sentencing set for 13-year-old in slaying
By Dick Foster, Rocky Mountain News
Published: April 2, 1987
In what he called the first "devil-made-me-do-it" case in his court, Otero County District Judge Durant Davidson will sentence 13-year-old Kathryn Trogler, who pleaded guilty this week to murdering her sister and wounding her mother.
Davidson, who two months ago denied a request by Torgler's attorney that the girl be given an exorcism, will sentence her April 28.
Torgler, who has been confined at the Colorado state hospital's closed adolescent treatment center since the shootings at her Ordway home July 8, pleaded guilty Tuesday to charges of second-degree murder and assault in an agreement between District Attorney Gary Stork and the girl's attorney, Frank Titoni of Pueblo.
Davidson could order Torgler to spend up to five years in psychiatric care at a state Department of Institutions facility rather than confine her in a correctional facility said Stork.
"The judge has complete discretion. There is no agreement as far as sentencing. It's up to the judge," said Stork.
Torgler shot her mother and sister at the family home July 8 after arguing with her mother about dating. Police said her 8-year-old sister, Christy, was struck in the head and chest with two shots from the family's .357-caliber Magnum pistol. Her mother, Marianne Trogler, was hit with a single shot that went through her arm and punctured her lung.
Titoni brought Frank brim, a Hersey, Mich. Baptist minister into the court Feb. 17 and asked that Brim be allowed to perform an exorcism on Torgler if a psychiatrist determined it warranted.
Brim, who had written a book entitled Satan's Secrets revealed, told the court he had worked with more than 1,000 patients and had performed exorcisms since 1979.
Davidson refused to accept him as an expert witness or to allow the exorcism, saying no evidence showed that exorcism was an appropriate therapy or that Brim's work was accepted 'by scientific or religious authorities.'
Stork said at the time that Titoni was attempting to build a case that Torgler was not responsible for her crime.
"This is the whole theory of the case, that the devil made her do it. That's what he told the court and what her revealed to us." Stork said at the time. "He's going to argue that she was possessed."
After the exorcism motion was argued and widely publicized, Titoni sought a motion to limit pretrial publicity in the case.
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