ROCHESTER, N.Y. — Earlier this month when a cold case murder suspect scheduled to go on trial was released, it left the community confused. In a one-on-one interview with News10NBC Investigative Reporter Jennifer Lewke, Monroe County District Attorney (DA) Brian Green explained why Timothy Kuhn was able to walk free.
The case
In 2004, 8-year-old Savannah Streber was asleep in her bed when her home on Yates Street went up in flames. Nearly 20 years went by before the Streber family was given any answers.
In 2023, Timothy Kuhn was arrested in Florida. Officials accused him of throwing a Molotov cocktail on the Streber home in 2004. Fast forward to October 2025, Kuhn’s trial was set to begin.
READ MORE: Suspect to face arson, murder charges in Rochester fire that killed 8-year-old in 2004
The unraveling
On the day Kuhn’s trial was supposed to begin, his indictment was thrown out. It left the community confused, and Savannah’s family outraged.
“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.
News10NBC’s Brett Davidsen spoke with DA Green on the phone the next day to answer everyone’s main question: why?
As they prepared for trial, prosecutors learned their star witness had told Rochester police investigators about an alleged confession from Kuhn as early as 2005. Because it wasn’t new evidence, the judge threw out the case.
READ MORE: How mishandled evidence led to dismissal of charges in 2004 arson case that killed Savannah Streber
DA Green explains
To anyone without a law degree, that explanation still leaves room for confusion. The case came up again in an interview with News10NBC, and Green explained the trial would have been a violation of Kuhn’s Constitutional rights.
Monroe County DA Brian Green: “The issue really is, in a cold case, you often have to deal with what’s called a singer hearing. You have to prove to the judge that you have enough new evidence such that the delay is rendered reasonable. If you have all of the evidence and you choose not to make an arrest for 20 years, that’s a problem.”
Watch the full explanation below:
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‘It ripped our family apart’: Nearly two decades after 8 year old’s death in arson, suspect’s case moves forward (September 2024) ‘We never gave up’; Sister of girl killed 20 years ago in house fire speaks out after man charged with her murder (January 2024) Dateline: Sister seeks justice for 8-year-old killed in 2004 house fire that was ruled arson (Feb. 2020) Inside the Evidence: 8-year-old killed in arson (February 2019)DA explains dismissal of charges in Savannah Streber’s 2004 murder case WHEC.com.
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