On Thursday morning, Jan. 24, Ken Miller is scheduled to appear before a federal grand jury in Burlington VT to give testimony in the government's ongoing investigation of the Lisa Miller case. Ken feels a great need for the prayers of God's people over this time. Please pray that God's purposes would be accomplished in all of this and that Ken might be filled with wisdom, courage and love.
As I last reported, in December the Second Circuit Court of Appeals orally told the prosecuting attorney that it would be unconstitutional to try to enhance Ken Miller’s sentence if he exercises his right to remain silent at his grand jury deposition. The appellate judges asked the prosecutor to furnish the court with a letter stating he would not attempt to do that.
The prosecutor has since furnished the Court of Appeals with such a letter of assurance. Once they received the letter, the appellate court dismissed our appeal. The grand jury hearing has now been rescheduled for Thursday, January 24. Although we would have preferred to have the hearing postponed until after Ken’s sentencing, we rejoice that we accomplished our primary purpose through the appeal—which was to obtain protection from the government’s threat to ask for enhanced punishment if Ken exercises his right to remain silent at the grand jury hearing.
Please continue to pray for Ken.
Here is a summary by our attorney of what took place at the U.S. Court of Appeals in NY on Tuesday.
As you requested, here is a summary of the oral arguments:
Today, we had oral arguments before the Second Circuit Court of Appeals in New York regarding our petition for extra-ordinary relief. Essentially, we have asked the Second Circuit to reverse the District Court and to prevent Ken Miller’s grand jury deposition. We argued that forcing him to testify against his will and without an attorney present would violate his Constitutional protections to not incriminate himself and to have an attorney.
Although it is impossible to predict how the judges will rule on the motion, the judges seemed uncomfortable with the prosecutor’s position. The prosecutor argued that the Government can increase Ken Miller’s sentence if he exercises his right to silence at the grand jury deposition. The judges appeared to make clear that this punishment would violate Ken Miller’s Constitutional rights.
Since this hearing, the United States prosecuting attorney has responded in writing, stating that they do not intend to seek an increased sentence if Ken does not comply at the grand jury hearing.
See David Bercot's Scroll Publishing website for more commentary on the case. David has been helping us out in providing legal counsel.
Dec.18th is the day the NY court of appeals will hear arguments and give a ruling concerning Ken's appeal to avoid being called to give grand jury testimony in VT before his sentencing date.
We are again glad for this gift of time for Ken and his family. Keep them in your prayers.
United States Court of Appeals for the Second
Circuit Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
CATHERINE O'HAGAN WOLFE
CLERK OF COURT
Date: December 06, 2012
Docket #: 12-4190cr
Short Title: United States of America v. Miller
DC Docket #: 2:11-cr-161-1
DC Court: VT (BURLINGTON)
DC Judge: Sessions
NOTICE OF MOTION PLACED ON THE CALENDAR
Motions for writ of mandamus and to dismiss filed in
the above-referenced case has been added as an argued
case to the substantive motions calendar for Tuesday,
December 18, 2012 at 10:00am.
The argument will be held in the Ceremonial Courtroom,
9th floor, 500 Pearl Street, New York, NY 10007.