Miller trial set for Sept. 9

A Coteau man accused of abusing and killing his young son will go on trial in September. That trial also will include child pornography charges.

At the request of the defense, the decision was made Tuesday to continue the possession of child pornography portion of the trial of Michael Miller until Sept. 9. In addition to 10 counts of possession of child pornography, Miller is charged with one count each of sexual battery, child molestation and first-degree murder, the latter of which Miller will be tried for first.

Miller, 36, was arrested following the death of his son, Dylan Louviere, 7, on Dec. 7. An autopsy showed Louviere died from repeated blows to the head, despite his father’s claim he had fallen on his son while hanging Christmas ornaments.

A search warrant was obtained for Miller’s home, which resulted in the discovery of child pornography on his computer, Assistant District Attorney Robert Odinet said.

Although a decision has not yet been made on if the death penalty will be sought in this case, 16th Judicial District Attorney Phil Haney said the death penalty would be a “justifiable” penalty in this case.

“At this point the death penalty is a possibility,” Haney said.

Lawyer Craig Colwart of the 16th Judicial District Indigent Defender’s Office is representing Miller. He said his client intends to plead not guilty.

“We plan to have Mr. Miller examined to determine if he is mentally retarded,” Colwart said.

“If so, then he is ineligible for the death penalty.”