Monday, April 14, 2014

Two Federal Public Defenders With Capital Case Experience Appointed For Frazier Glenn Miller; Authorities Now Calling it A "Hate Crime"

From the Johnson County Sheriff
Continuing coverage of the Frazier Glenn Miller case. Although the three victims are not Jewish, on April 14th, 2014, Barry Grissom, the U.S. attorney for Kansas, said Frazier Glenn Miller will face federal hate crime charges based on allegations that he was motivated by bias. Overland Park Police Chief John Douglass expressed his agreement with the feds during an 11:30 A.M. news conference. Hate crime statutes are now based solely upon race or ethnicity, but also upon perceived race or ethnicity, which means that if Miller perceived his alleged victims to be Jewish, he could be indicted for hate crimes even if his alleged victims were not Jewish. Perhaps this news video of the arrest, with Miller yelling "Heil Hitler" at the 0;35 point, gave them fuel for their hate crime allegations:

In addition, the state of Kansas proposes to take their whack at Miller as well. District Attorney Steve Howe said that Miller could be charged with murder as soon as Tuesday April 15th in Johnson County District Court. Kansas does have the death penalty, although prosecutors have not yet announced whether or not they'll seek it. The Feds can also seek the death penalty.

Update April 15th: The state will go first. The state will file a single capital murder charge in the killing of both Reat Underwood and his grandfather, William Lewis Corporon. Because the deaths of Reat and his grandfather were part of a single act, they comprise a single act under Kansas law even though two deaths occurred. The state also filed a premeditated murder charge in the killing of Terri LaManno. The state will consider seeking the death penalty, but a decision won't be made until after a preliminary hearing at the earliest. Federal prosecutors anticipate filing charges, possibly hate crime charges, in the coming weeks, but will allow the state to proceed first. Miller is being held in lieu of a $10 million bond.

Two public defenders in Kansas were appointed to represent Miller in any federal hate crimes prosecution. Kansas Federal Public Defender Melody Brannon Evans and Kirk Redmond, her first assistant, will represent him should he be charged in a criminal complaint or, later, by grand jury indictment. Both have worked capital cases and are qualified to do so under federal rules. Evans was appointed a Federal Public Defender for the District of Kansas on January 17th, 2014; she has served her entire career providing indigent defense. She and Redmond both post to the Kansas Public Defender blog.

Update April 15th: To defend against the state charges, Magistrate Judge Dan Vokins appointed Ron Evans, head of the Kansas death penalty defense team, to represent Miller, who made a very brief court appearance by video Tuesday afternoon from the Johnson County Detention Center. Miller arrived at the jail video room and left it in a wheelchair pushed by a jailer. He wore a tear-away jail uniform. According to jail records, he is being held in administrative segregation on suicide watch. Judge Vokins set Miller’s next hearing for 9:30 a.m. April 24th, which will be a scheduling conference.

Update April 24th: Miller and his attorney appeared in court on this date and requested the scheduling conference be delayed. His next court appearance will take place on May 29th.

Reuters reports that FBI agent Michael Kaste said the FBI had been aware of Miller and his background but was not monitoring him and had no warnings of the attacks. He said that it did not matter that the victims were not Jewish because hate crime violation are tied to the biases and beliefs of the suspect that motivate the crime, not the identities of the victims. Although the FBI believes Miller acted alone, they are still investigating. The go-to source for white racialist discussion of the case is still on Stormfront.

The case is attracting the attention of some of the most prominent people in the United States. First, President Barack Obama issued the following statement:

This afternoon we heard reports of a horrific shooting in Overland Park, Kansas. Michelle and I offer our thoughts and prayers to the families and friends who lost a loved one and everyone affected by this tragedy. I have asked my team to stay in close touch with our federal, state and local partners and provide the necessary resources to support the ongoing investigation. While we do not know all of the details surrounding today’s shooting, the initial reports are heartbreaking. I want to offer my condolences to all the families trying to make sense of this difficult situation and pledge the full support from the federal government as we heal and cope during this trying time.

Today, Attorney General Eric Holder issued the following statement:

“I was horrified to learn of this weekend’s tragic shootings outside Kansas City. These senseless acts of violence are all the more heartbreaking as they were perpetrated on the eve of the solemn occasion of Passover. Justice Department prosecutors will work with their state and local counterparts to provide all available support and to determine whether the federal hate crimes statute is implicated in this case. “No matter what, we will do everything in our power to ensure justice is served in this case on behalf of the victims and their families. Our thoughts and prayers go out to all those affected by these heinous acts.”

Kansas Republican Governor Sam Brownback vowed to bring those responsible to justice.

"My heart and prayers are with all those who were affected by today's events. We will pursue justice aggressively for these victims and criminal charges against the perpetrator or perpetrators to the full extent of the law."

Frazier Glenn Miller has the full weight of the justice system arrayed against him.

1 comment:

Pastor Martin Luther Dzerzhinsky Lindstedt said...

Emergency Movement Turd on now!!!

But at :