John Chiv: Jason Miller held to answer on murder charge but not on special allegation

Mar 4, 2022

Jason Miller held to answer on murder charge but not on special allegation

(Miller)

Murder suspect Jason Miller's preliminary hearing wrapped up today with Eureka Police Detective Tim Marsolan testifying out of order before Phyllicia Korn got back on the stand. She did not return at 8:30 as ordered.

Korn did not add much or new information. She bought heroin from Miller and claimed he gave her pre made shots for free after allegedly telling her about killing Kiera Foley.

Judge Kaleb Cockrum expressed concern about the special allegation before Deputy District Attorney Roger Rees and Ms. Andrea Sullivan presented oral arguments.

Judge Cockrum found sufficient evidence to hold Miller to answer to Count 1 murder but he did not find sufficient evidence for the special allegation. Judge Cockrum said if the People decide to file the special allegation for jury trial; defense could file a 995.

Corpus delicti and sufficiency of evidence was addressed by Judge Kaleb Cockrum in his ruling.

"Rather than corpus delicti", Judge Cockrum said he would go into "sufficiency of evidence" after hearing from attorneys.

Judge Cockrum cited case law that he read while cpurt was on break including Ppl v Alvarez.

" Corpus delicti is a legal term. The crime must be proven independently other than the statement by a defendant to the police. The evidence can be slight and prima facie." Judge Cockrum went into what the elements were for corpus delicti and explained his ruling.

I respectfully disagree with Judge Cockrum about Crystal Gonzales' credibility and that she was believable. I did not believe her or Korn. I found Rose Cooper more believable than the other two women but that does not mean I believe all of her testimony.

This is a preliminary hearing and the standard is different than a jury trial. In a jury trial, 12 jurors do come back with a verdict or not that is different than what has previously happened in a case. In a preliminary hearing, you mostly hear the prosecution theory.

If Miller killed Foley, who else was involved?

Mr. Rees' argument was basically Miller allegedly told three people. I already covered what they claim. Deputy District Attorney Rees said,"this is an ongoing investigation."

If Miller is allegedly "blabbing to at least three people or more that he killed Foley, why wouldn't he tell them where she was buried?

Ms. Sullivan cited Ppl v. Herrera.

Ms. Sullivan said, "You can have a conviction when there is no body found but there has to be evidence of a death. Other than Ms. Gonzales, there is no evidence of death. If Ms. Foley is dead, she didn't die at the Laguna Inn."

Ms. Sullivan said,"There are literally hundreds of people who go missing. People go missing in Southern Humboldt all tne time and no one knows what happened."

This case I submit to the Court was prematurely filed. There is no consistent version how she was killed; no evidence at the Laguna Inn. The physical evidence does not support the charges."

Social media and bank statements alone were not proof said Ms. Sullivan and the no contact was based on Foley's police contact data. Six locations were searched in Southern Humboldt to locate Foley.

Arraignment on information in homicide on is March 22.