One of five people charged in the investigation of former Clark County Sheriff Jamey Noel has been denied a new judge in his criminal case.
John Miller was charged last year with a level 6 felony for conflict of interest. Investigators allege he voted to fund contracts for New Chapel EMS, which Noel operated, and benefitted from Noel or the organization.
Noel pleaded guilty in August to 27 felonies and is now serving prison time.
Special Judge Larry Medlock is presiding over multiple cases related to the investigation, including Miller’s. But his attorneys have questioned Medlock’s ability to be impartial after he denied a request to travel.
Miller, who is out on bond, petitioned the court last month to travel to President Donald Trump’s inauguration in Washington, D.C. According to his motion, U.S. Republican Rep. Erin Houchin had reserved two tickets for Miller to attend the event.
Medlock denied that request, writing in his order that even though Miller hasn’t been convicted, he “has been a high profile good friend of Jamey Noel,” and that there has been “great public outcry and disappointment” with Clark County government.
Medlock pointed to information in court records alleging Miller accepted expensive event tickets, trips and meals from Noel.
“This court cannot and will not reward individuals who benefitted at the expense of taxpayers,” Medlock said in court records.
Miller’s attorneys said in court records Miller is not contesting being denied to travel to D.C., but the reasons for the denial “which show actual bias, or, at least create an appearance of impropriety,” it reads.
Records also argue that the judge made his decision based on reward and punishment and that the court’s test was “not any acceptable legal analysis, but a desire to avoid the public [perception] of a reward because of Miller’s relationship with Noel.”
Medlock said in court Monday it was not about punishment.
“I believe that I’ve been absolutely impartial,” he said. “Just because I didn’t grant his request to attend an inauguration in Washington, D.C. does not mean bias [or] prejudice.”
Defense attorney Bart Betteau said after the hearing he was very disappointed but believes Miller will get a fair shake.
He also pointed to the importance of Miller, a Republican, attending the event.
“He’s through and through public service and he does that in part by supporting his party,” Betteau said. “He thought it was important that he be there.”
Medlock recently granted a request for Miller to travel to Kentucky for work.
Attorneys also presented arguments Monday which could impact whether the case itself continues. The judge previously denied a motion to dismiss filed by Miller’s attorneys. In court Monday they revisited that.
Betteau said state statute shows conflict of interest as a person deriving profit from a contract, and, Betteau said, that's not what the prosecutor is arguing.
“And it’s very simple,” he said. “Jamey Noel or New Chapel are not a contract.”
“They want to use these facts that irritate them that Miller was a council member, and that Miller voted on appropriations for all the county contracts,” Betteau said. “He never voted specifically on any money to go to New Chapel. He certainly didn't vote for any of the money to go to Jamey Noel…”
Medlock is considering Monday’s arguments.
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