Miller trial set for Sept. 9

BY STEVE WILSON
THE DAILY IBERIAN
Published/Last Modified on Thursday, June 19, 2008 2:13 PM CDT

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.

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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.”

Comments

    Dylans Nanny wrote on Jul 3, 2008 9:50 PM:

    " I wonder how long it took him to think up a story before he called the ambulance since his story has changed so much! At the hospital with his fake cries he wasn't worried about Dylan he was only worried about what was going to happen to him. Everything he has done is sickening.MY sister would have never hurt her children she only gave them unconditional love they take children from families who care for their children and give them to people like this. Justice will be served im waiting for the day! We miss you so much Dylan. "

    hmmm wrote on Jun 21, 2008 8:12 PM:

    " He certainly did not appear mentally challenged when he was arrested. "

    What a joke wrote on Jun 20, 2008 10:47 PM:

    " The defense is obviously getting desperate. If the man did have mental retardation, he would have been classified as such a long time ago. He would probably receive SSI, maybe even live and/or work at ARC. NOTHING in the reports has ever shown any indication that this man suffers from M.R. I have a daughter and a step son who both suffer from mild mental retardation. There is NO question that they have it. So if the man DID have it, they wouldn't have to "test" him. All they would have to do is have a conversation with him. DUH! "

    Born in New Iberia living in New York wrote on Jun 20, 2008 9:10 AM:

    " What kind of excuse for the defense.
    I have a special needs son with autism
    no excuse for being mentally retarded.
    We are as children taught right from wrong. Could he not see are understand that raping his son was wrong.The defense should be tested for mental retardation. Their client is just stupid and deserves death by the hands of the inmates. "

    Concerned Citizen wrote on Jun 20, 2008 8:55 AM:

    " I think that if a person has never been classified as being mentally retarded until they come up for a criminal case, which is usually a murder case then they should not be able to use it as a scape goat for their crimes. This man was able to work and use drugs and be in drug court you don't think anyone would have realized by now that he is mentally retarded?!! But thats what our tax dollars are paying for. "

    IPSO Deputy wrote on Jun 19, 2008 4:52 PM:

    " Because I work at the jail, I see this man on almost a daily basis. In my opinion, he is not mentally retarded. He reads, writes, interacts very appropriately with other inmates, and staff. Laughs, plays cards, goes to rec. Knows when meals are served, mail call is made, etc., and no one has to take him by the hand and say, "time to eat", or "time to go to rec", or "time to go to bed", etc. He laughs, plays cards, and all actions are appropriate at all times. That does not describesomeonementallyretarded!! "

    Oh come on wrote on Jun 19, 2008 3:16 PM:

    " Mentally retarded?! This is rediculous! Miller is a sick and twisted (can't say what he really is as it is too vulgar) man that done all of that horrible stuff to his OWN SON! I can't wait until the trial and the verdict is read "GUILTY ON ALL COUNTS"! Our poor Dylan suffered, let him suffer as well! "

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