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Casey poisoning trial reset

September 01, 2010|By TODD KLEFFMAN | tkleffman@amnews.com
  • Brittany Miller, center, leaves the Casey County Judicial Center on Tuesday after her attempted murder trial was postponed until Sept. 14. (Todd Kleffman Photo)
Brittany Miller, center, leaves the Casey County Judicial Center on Tuesday after her attempted murder trial was postponed until Sept. 14. (Todd Kleffman Photo)

LIBERTY — The absence of a key defense witness forced another postponement Tuesday in the attempted murder trial of Brittany Miller, accused of poisoning her grandfather more than two years ago.

Special Judge James Bowling of Bell County urged both parties to find open spots on their calendars as soon as possible for a new trial and then set the date for Sept. 14.

“This case needs to be resolved. I think everyone can agree with that,” said Bowling, who is filling in for Casey Circuit Judge James Weddle, who has been in poor health. “I guarantee it won’t be continued again for lack of a judge. We’ll have a robe here.”

Miller, 20, is accused of slipping antifreeze into the coffee and Cokes of her grandfather, Leonard Walls, in an attempt to kill him and inherit his estate. Walls, 62, nearly died of antifreeze poisoning in February 2008 and immediately suspected Miller, who lived with him at his Cannon Road home in Casey County.

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Police raided the home with Walls’ permission and seized some antifreeze jugs, drinking vessels and the hard drive of Miller’s computer, alleging she looked up information about antifreeze poisoning on the Internet.

Tuesday’s delay marks at least the fourth time Miller’s trial has been delayed. Defense attorney Mark Stanziano requested the trial be put off because a material witness, James Sullivan, is out of state and could not testify.

Stanziano submitted a sworn statement concerning Sullivan’s absence, and Judge Bowling ordered that it be sealed because the affidavit would reveal something of the defense’s trial strategy.

Miller said she was disappointed the trial didn’t go off as scheduled.

“I’m ready to get it over with,” she said outside the courtroom.

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