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Miller murder trial likely will be pushed back

By Tom Rivers, Editor Posted 16 December 2013 at 12:00 am

ALBION – The trial against accused murderer Frederick Miller likely won’t start on Jan. 13 after Miller’s attorney said he wanted more time to file motions and arguments in the case.

Defense lawyer Robert King of Rochester said he intends to file a motion about a search by police of Miller’s home following the March 4 murder, when Miller allegedly killed his girlfriend. Police did not have a search warrant, King told County Court Judge James Punch in court today.

Rachel Miller died of blunt force trauma combined with multiple stab wounds.

King was hired by Miller on Dec. 7, about five weeks before the trial was set to start.

Punch said the issue of not having a warrant should be argued before the trial. He gave King two weeks to file that and any other motions in the case. The District Attorney’s Office will then have two weeks to respond.

“This is going to take us off the trial track,” Punch said in court.

He set 2 p.m. on Jan. 6 as the date for King and the DA’s office to argue motions in court. Punch said Miller and his attorney should have their motions heard – before the trial, even if it means a slight delay.

“If the trial (went forward on Jan. 13) the case would be reversed on appeal, so we’re not going to do that,” Punch said.

King, in court today, also said Miller is “not inclined” to accept an offer from DA Joe Cardone to plead guilty to second-degree murder and face a sentence of 15 years to life in state prison.