Appeals panel orders new trial for Lawrence man

LAWRENCE, Kan. - A Kansas Court of Appeals panel has ruled that a former Lawrence man convicted of killing his wife should get a new trial because of an error in jury instructions at his 2005 trial.

The three-judge panel determined there was an error in jury instructions about reasonable doubt in the trial of Martin K. Miller, who was convicted of first-degree murder in the 2004 death of his wife, Mary E. Miller, according to The Lawrence Journal-World.

Prosecutors accused Miller of strangling his wife in her sleep because he had been having an affair and he wanted to collect $300,000 in life insurance money.

Miller told jurors in the trial that he was sleeping in another room when he heard his wife having an unknown attack and went to comfort her before she died.

District Judge Paula Martin sentenced him to serve 25 years to life in prison.

According to the unpublished appeal opinion filed Feb. 3, the panel determined an error in jury instructions about reasonable doubt transposed the words "each" and "any" and found the switch changed the meaning of an instruction and "materially disadvantaged" Miller.

The instructions the judge gave the jurors stated they must find Miller not guilty if they have reasonable doubt about the truth of "each" claim prosecutors were required to prove, and that they should find him guilty if they have no reasonable doubt as to the truth of "any of the claims" required to be proved.

"The transposition turns proof beyond a reasonable doubt inside out and permits the state to convict with patently insufficient evidence," the opinion reads.

Douglas County District Attorney Charles Branson said prosecutors would ask the Kansas Supreme Court to review the recent decision before they prepare for a second trial.

"We are heartbroken for the Millers' children and others affected by this case," Branson said. "If our appeal is unsuccessful, we will retry Martin Miller for the first-degree murder of Mary Miller and again seek a life sentence."

Lawrence attorney Jessica Kunen represented Miller in the appeal. Miller is now an inmate at Lansing Correctional Facility. Kunen could not be reached for comment.