Arriaga case dismissed, Miller gets a bit of reprieve, Miller's hubby tries to physically block me in effort to intimidate

The Arriaga and Miller case has been covered on this blog and LOCO so if you want the background, feel free to do a little search and read.

Both cases were scheduled for a preliminary hearing tomorrow. That date was vacated. Today in Courtroom1, with Judge John Feeney presiding, Luke Brownfield for the People, the cases took a slightly different twist.

Brian Arriaga's cases were dismissed due to lack of evidence. In the 2nd case, I have no idea why Eureka City Attorney Cyndi Day Wilson was involved because the first I heard of it was this afternoon but judgement was deferred. Judge Feeney inserted a bit of humor when he commented to Arriaga and his attorney that they would have no objection to the case being dismissed.

Misty Miller's case in which she is being represented by Public Defender Heidi Holmquist had a resolution.
Mr. Brownfield  requested that sentencing include mental health terms. Counts 1, 3 and 4 were dismissed and Miller changed her plea to guilty today for Count 2 which was grand theft. Judge Feeney explained to Miller that they plea was conditional and that after he received the report from Probation, terms could change.

He further explained that if she violated probation there were a range of custody times. When the judge asked the standard question while explaining terms and rights, "Are you under the influence of any drug and alcohol", Miller injected a bit of humor by saying, "Benadryl but no I am totally here." At which point the the Judge commented that she looked better in the time she has been here. Miller responded with, "I am never going to do that stuff again." Judge Feeney said "good, we want you healthy and safe." Case was referred to pre-sentencing report.

Holmquiist requested that Miller be released on her own recognizance or that bail be reduced. She mentioned Miller's husband and family were in the audience and that Miller had some family court issues to address and this would be helpful. Mr. Brownfield objected with concerns due to public safety. Referring to the case, he said Miller wandered into 2 people's home she did not know and stole property from 1 of the houses.

Judge Feeney said that he was not comfortable releasing Miller on OR but that he would reduce bail from $60,000 to $35,000. Sentencing is scheduled on April 20 at 2 p.m in Courtroom 1.

As I was leaving the courtroom, Miller's husband who was talking to Ms. Holmquist followed me demanding information and asking who I was, I cautioned him verbally and he continued to verbally harrass me and then attempted to prevent me from walking into the 2nd floor hallway. I told him if he did not back off, I would call a baliff. Fortunately I was a few steps away from him and I walked away.

Someone should remind him his wife got a lucky break and his macho act will not help his wife. This is the 2nd time a family member does not understand that any one can attend an open court hearing, what is being said on record is public information.

Right now Miller needs help for her mental health issues and a support system to stay off drugs, not her macho husband (who was in court for the first time) threatening someone.



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