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Murder trial again postponed

By Tom Rivers, Editor Posted 12 May 2014 at 1:25 pm

Miller’s lawyer granted more time to review evidence

ALBION – A murder trial that was scheduled to start this morning after two delays has again been postponed.

Robert King, the defense lawyer for Frederick Miller, filed a motion to review evidence that District Attorney Joe Cardone recently 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 this morning to delay the trial so King would have time to file a motion about the amended indictment. He has until next month to do so. There may or may not be hearings set then before the judge sets another trial date.

“These cases are extremely issue-ridden,” Cardone said at about 1 p.m.

Miller, 62, of Carlton faces 25 years to life in prison if he is convicted of killing his girlfriend Rachel Miller on March 4, 2013. Mr. Miller allegedly bludgeoned and stabbed Rachel Miller several times. He has been charged with second-degree murder.

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 is refusing to cooperate.