After delays, murder trial begins on Tuesday

By Tom Rivers, Editor Posted 8 September 2014 at 12:00 am

Miller faces 25 years in state prison if convicted

Frederick Miller

ALBION – A murder trial that has been delayed three times will finally begin on Tuesday with jury selection scheduled to start at 10 a.m. at the Orleans County Courthouse.

Frederick Miller, 62, is accused of bludgeoning and stabbing Rachel Miller several times, causing her death on March 4, 2013. If convicted of second-degree murder, he could be sentenced to 25 years in state prison.

The trial was first delayed when Miller switched attorneys from the public defender to Robert King of Rochester. It was delayed again when King in March filed paperwork for a psychiatric defense, claiming Miller subjected to emotional abuse by his live-in girlfriend.

But King withdrew that defense when Miller refused to meet with a psychiatrist. Orleans County Court Judge James Punch on April 28 said he was forced to preclude expert psychiatric testimony because Miller refused to cooperate.

The trial was set to start on May 12, but was again pushed back. King, the defense lawyer, filed a motion to review evidence that District Attorney Joe Cardone sought to add to the prosecution’s case. Cardone filed an amended indictment and King requested time to explore the evidence and alleged proof.

Orleans County Court Judge James Punch opted on May 12 to delay the trial so King would have time to file a motion about the amended indictment.

Rachel Miller, 53, died of blunt force trauma combined with multiple stab wounds on March 4, 2013. The couple allegedly had a fight at a home they shared on Oak Orchard River Road, according to the Orleans County Sheriff’s Department.