Miller facing 2 more charges in sex video case
Published 10:15 pm Monday, June 27, 2011
As he was led back to incarceration, 17-year-old Martell Miller tried to get a message to his mother, who sat stoically and supportively behind him, the two separated only by a small partition.
A Niles High School junior just a few short months ago, Miller was directed by a sheriff’s deputy to keep his attention forward as he called out to his mother.
“I love you, Mom,” he said.
With that, the deputy escorted him out.
Miller’s words came after a ruling that he would face a jury trial this fall on allegations he committed criminal sexual conduct and extortion, charges stemming from an incident in March and involving a handful of Niles area teens. He pleaded not guilty.
Tense arguments were heard at the South County Courthouse Monday morning in what was the last round of probable cause hearings. Martise Washington, Trey Nichols and Parnell Martin, all 18 and all arrested for their alleged roles in the same incident, are also preparing for trial.
Judge Scott Schofield did reduce Miller’s bail, originally set for $150,000 at the time of his arraignment in May. The bail set was to a 10 percent bond, home confinement and tether.
Miller faces five charges total: two of first degree criminal sexual conduct, one count of extortion and two counts of criminal sexual conduct in the 3rd degree, which prosecutor Steve Pierangeli added during proceedings.
First degree criminal sexual conduct carries a life in prison sentence. Extortion is a 20-year felony and criminal sexual conduct, 3rd degree is a 15-year felony.
Schofield did not find probable cause for one count of possession of child pornography.
The proceedings began with a motion from defense attorney Sean Drew for dismissal of the case entirely.
Drew argued his client was a victim of a due process violation and seemed to base his reasoning for dismissal on an accusation the prosecution had withheld possible exculpatory evidence regarding his client.
That evidence, he said, is a phone call made to police by the alleged victim, stating what he said could imply certain actions to have taken place March 18 as consensual.
Drew implied resistance from the prosecution about the phone call.
“I think we ultimately need an answer prior to trial whether the people are acknowledging the phone call or denying it,” Drew said.
Drew’s contention continued that should the evidence be found as exculpatory, undue harm had been inflicted on his client, keeping him in jail on what could be considered unfound charges.
Pierangeli called the motion to dismiss a “pretty egregious request” and “inappropriate.”
Schofield ruled any sanctions against the prosecution as inappropriate and said he failed “to see how the defendant has been substantially prejudiced by the people’s, what the court finds as inadvertent, omission.”
As with each of the bindover rulings held in the last week, those present in the courtroom have been given what could be considered a peek at how both sides may try their respective case for a jury.
Drew focused on the testimony of both the victim and Leon Murphy, 18, who was arrested along with Miller, Washington, Nichols and Martin. Murphy agreed to a plea agreement and testified for the prosecution during preliminary examinations.
During those preliminary hearings, Drew asked the victim if she’d told police she didn’t want anything to happen to Miller. Referencing that testimony and interviews between the victim and police, Drew argued, “the point is to go to her state of mind. It isn’t just ‘I don’t want anything to happen to him,'” but whether or not the victim viewed the defendant as a threat.
Pierangeli countered with references to testimony as well. While it’s alleged criminal sexual conduct was taking place in one bedroom, Miller made a statement in a separate bedroom with Murphy.
“He said, ‘I’m going to get in on that,'” Pierangeli said.
Additionally Pierangeli noted, the victim testified as Miller tried to acquire sexual favors from her, she told him she would do so only if he would make sure an alleged video of her having sex with Washington was destroyed and no rumors would follow.
“‘Yes I will make sure of that,'” Pierangeli quoted Miller as saying. “That shows his intent, his use of the video to have her perform oral sex.”
Pierangeli has until July 8 to decide whether or not he will consolidate all or any of the four defendants into one trial.