Timothy David Miller-Roberts preliminary hearing did not conclude yesterday because he was in "medical distress." It was continued to this afternoon. Whatever his distress was, he seemed fine today. He threw up his hands up in the air during arguments. Apparently, Miller-Roberts thinks redness in the vagina of the 14 year old he is accused of raping is normal and he is the victim.
If you did not read the coverage yesterday, please do. Testimony resumed with HCSO Deputy Cole Kane on the stand.
Deputy District Whitney Timm is the prosecutor for this case. Deputy Public Defender Casey Russo is Miller-Robert's attorney.
"T" told Deputy Kane he was watching movies in the trailer. "D and Timothy used their body weight to hold down Doe. " According to "T", Jane Doe has Tourette's and "was hurting/hitting herself."
"D was on the right side and Timothy on the left side" They were holding Jane Doe "by her arms."
"T" said he left the trailer and went inside the house and went to sleep. "T" stated that at "approximately 3 a.m. "D" came into the house and asked him if he wanted to go back into the trailer with Miller-Roberts and Jane Doe. "T" said no and "they both fell asleep." Later "sometime in the night, Miller-Roberts contacted "T."
During cross by Mr. Russo, Deputy Kane said he assisted HCSO Corporal Peter Leipzig and "initially" he questioned Jane Doe.
Jane Doe said she made three calls to her mother in the morning. That was corroborated during Deputy Kane's testimony. Jane Doe's mother said it was not uncommon for her daughter to walk home from the Mckinleyville residence and it took her 30 to 45 minutes. The mother did not know specific details of the alleged rape.
Jane Doe said that she had consumed alcohol and three caffeine pills. They were initially in a different trailer and then moved to Miller-Robert's trailer. "D's parents allowed him to smoke and drink. They were hanging out on May 1 in the evening. HCSO Deputy said the inappropriate touching happened on May 2 at 2 a.m.
Jane Doe said, " They were drinking. I wasn't smoking. They were smoking so I got high." When asked to describe the inappropriate touching, Jane Doe said, "rape."
Jane Doe told Deputy Kane the rape took "one to two hours." Again, corroborating what she told Corporal Leipzig. "She was on the bed, Miller-Roberts was on top of her. The second time, I was on my knees."
On May 10, Deputy Kane had a conversation with"T." He said was lying on the couch in the watching a movie. Miller-Roberts was playing with magic gathering cards. "D" was playing on the phone. Jane Doe was watching a movie.
Ms. Timm pointed this out in her argument and I had the same thought. Yesterday, when Deputy Kane identified and described the photos of the trailer, he testified that there was no place to sit.
"T" said they were hanging out around 12. He "tried a little marijuana but he doesn't drink." "T" saw Jane Doe "drink a little." He did not see her smoke marijuana. "T" said "D" and Miller-Roberts were holding Jane Doe down so she would not hurt herself. They were not doing anything sexual with Jane Doe.
At 3 a.m. "T" said he was woken by "D" and Miller-Roberts. This is different than what he said before when he said only "D" woke him up. He declined to go back in the trailer and fell asleep.
During re-direct by Ms. Timm, Deputy Kane said Kasey Deslieres, Miller-Roberts' girlfriend provided "T's contact information. Deputy Kane said "T" was very scared. He made a comment about being anxious and thought he had been also accused of rape.
Deputy Kane said Jane Doe said Miller-Roberts put his penis in her vagina. Doe said Miller-Roberts told her he ejaculated inside her. Again, consistent statement by Jane Doe.
Deputy Kane did not see Jane Doe twitch, hit or scratch herself.
"T" said 12 a.m once and 11:30 another time which was another inconsistency in his statement.
Sgt. Andrea Sherrod was the third People's witnesses. At approximately 11:17 on May 2, she was notified of a 911 call made by Miller-Roberts.
When she arrived "D" introduced himself. Deslieres said she works the graveyard shift at the hospital. She returned at 7 a.m. "She saw Ms. Doe and Mr. Miller-Roberts in the bed," said Sgt. Sherrod. "She changed clothes and laid down next to Ms. Doe."
"Ms. Doe woke up, went to the bathroom. She said she was leaving. Ms. Deslieres offered her a ride. Ms. Doe declined and then she left."
"D" woke Deslieres up later because he had received texts from Jane Doe. Deslieres knew Doe as "D's" friend.
During cross, Sgt. Sherrod said Miller-Roberts saw texts from Doe and called 911. Sgt. Sherrod went to Jane Doe's residence to retrieve the text messages but Jane Doe had deleted them. Jane Doe had also blocked the phone numbers.
Sgt. Sherrod was subpoenaed to testify. Even after yesterday's unexpected continuance, she delayed her vacation and testified. A class act and a dedicated law enforcement officer.
Whatever happened that night, so far, we have Jane Doe with specifics corroborated by photos, consistent statements and DNA from her and Miller-Roberts. We have a bunch of inconsistent statements from one juvenile, another juvenile who was no friend of Jane Doe's and a girlfriend who thinks that a 14 year old sleeping in bed with her adult boyfriend is okay.
Their stories don't add up. If this goes to jury trial, their credibility is already questionable. So they better think about what they have said so far and decide if they want to go on the stand under oath and testify on behalf of an unremorseful man who was alone for hours with a 14 year old girl and didn't flinch when his girlfriend found them together in bed.
"D's" parents, which is a term I use loosely, obviously don't care what their son does, they endanger other juveniles and don't give a damn about who they allow to hitch a trailer on their property. DHHS should investigate them but don't hold your breath. If DHHS, CWS and elected officials did their job, we would not have tragedies like the Millsap and many other cases.
There was a lot of time wasted this afternoon because Mr. Russo wanted to call Joe Conlin, an investigator from his office. Ms. Timm objected. Judge Kaleb Cockrum cited case law and why Mr. Conlin could not testify. Mr. Russo argued. Judge Cockrum gave him 30 minutes to research case law. This was about the toxicology report. Ms. Timm would not stipulate to it being introduced. I took notes but this legal discussion is of interest to specific people and they already know the law, including 872 (b).
"I will stipulate to the report if you stipulate to your client's prior arrest coming in," said Ms. Timm. Mr. Russo did not agree to that condition.
Ms. Timm and Judge Cockrum prevailed. When the hearing resumed, Mr. Russo decided to call DOJ Criminalist Ciara Funkhouser. She works at Eureka lab. Samples are still being tested and further analyzed. For several reasons, the toxicology report on Jane Doe was an unsuccessful attempt by Mr. Russo.
Miller-Roberts was held to answer on both counts. He is charged with PC261(a)(3) rape of an intoxicated victim and PC288(c)(1) lewd and lascivious acts with a child under 14.
Defense requested an OR/bail hearing which is scheduled for May 21. Arraignment is on June 8.
Previous posts:
https://johnchiv.blogspot.com/2021/05/tim-asked-other-two-boys-to-exit.html?m=1
https://johnchiv.blogspot.com/2021/05/alleged-mckinleyville-statutory-rapist.html?m=1
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