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Attorneys ask judge to dismiss felony charge against Clark County Council member

A gavel rests inside the court room of the 100th Air Refueling Wing base legal office at RAF Mildenhall, England, May 28, 2019. The attorneys in the legal office offer commanders legal advice and also provide services like notaries, power of attorneys, wills and legal assistance to Team Mildenhall. (Credit: U.S. Air Force photo by Airman 1st Class Joseph Barron)
Airman 1st Class Joseph Barron
Attorneys for Clark County Council member John Miller want a felony charge filed against him last month to be dismissed.

Attorneys for Clark County Council member John Miller have filed a motion to dismiss a felony charge filed against him last month.

Clark County Council member John Miller was arrested last month on a level 6 felony for conflict of interest related to the investigation of former Clark County Sheriff Jamey Noel.

Police say as a council member, Miller voted to fund New Chapel EMS, an emergency services company Noel operated.

They say he also accepted gifts from Noel, including meals and travel expenses.

Miller’s conflict of interest charge states he had a “pecuniary interest in and/or [derived] a profit from” the New Chapel contract, meaning a financial interest.

His attorneys argued in filings this week that the state hasn’t proven Miller had a financial interest in approving the contract, and that the allegations that Miller accepted meals and travel from Noel “does not equate with a pecuniary interest.”

Noel is accused of using New Chapel money to pay for gifts including travel and meals for Miller. According to court records, Miller previously told police he considered Noel a close friend.

Miller’s attorneys also argue that a “pecuniary interest” under state statute is defined as “an interest in a contract if the contract will result or is intended to result in an ascertainable increase in the income or net worth,” according to the filing. Miller’s attorneys say those elements are not included in his charge.

Miller is out on bond. His attorneys have asked his trial, currently scheduled for February, be moved up. They’ve also asked for a change of venue.

He was recently placed on unpaid suspension from his job as a Clarksville police officer pending the outcome of his case.

Former Clark County Council member Brittney Ferree, who Noel has a child with, was also charged with a level 6 felony for conflict of interest. She is also out on bond.

Not guilty pleas were entered for Miller and Ferree.

Noel recently pleaded guilty to 27 felonies including that he stole from New Chapel. The judge has taken the plea agreement under advisement. Noel is expected to appear for a hearing Oct. 14 where the judge will hear from people who say they were victims of Noel’s actions, before he makes a determination on the agreement.

Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.

Aprile Rickert is LPM's Southern Indiana reporter. Email Aprile at arickert@lpm.org.

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