Mark Miller Case Summary

Prosecutors and defense attorneys spent most of last Thursday morning in chambers with the judge regarding motions in the Mark Miller case. In some brief remarks in open court following the meeting, it appeared the case of the well-known Jasper attorney accused of taking as much as $2 million from clients will be heading to trial within the month unless a plea deal is reached. Senior Judge Richard Winegarden, who has handled all hearings in this case since Miller was arrested in June, granted a request by the prosecution to delay the trial from its original March 6 opening but made it plain he intends for it to start some time in March. Winegarden was assigned the case after all local judges recused themselves. DA Alison Sosebee told the

He said if the Gilmer trial is settled before trial or ends early, he would like to start the Miller trial as soon as possible. The judge instructed both sides to set aside three weeks in March for the trial. Both prosecutors and defense counsel have told the Progress that negotiations on a plea are ongoing. Neither side offered any comment on the likelihood they could reach a deal to avoid the trial, which both acknowledged would be a major undertaking. In a second bit of business, the judge agreed to lower the bond amount for Miller. Miller was denied bond twice in the case where he faces multiple counts of theft and fraud from several former clients. He was finally granted a bond on December 22 after being in jail since June. But that bond was so high “realistically it was not feasible for the defendant to be able to make it,” Poole said. Poole said he did not know of any bail bondsman in this circuit who had the resources to provide that kind of bond. DA Sosebee opposed reduction of the bond which requires Miller to post $233,000 in cash and $1.6 million in property. She said it was not excessive “given his resources.” Judge Winegarden made no comments but did lower the amount to the $800,000 in property, keeping the same $233,000 in