Convicted Perry County coroner says he'll stay in office

Herbert Miller will remain the coroner in Perry County until he resigns or he can be removed by the Missouri Attorney General.

Because he does not intend to resign, Miller likely will remain coroner for at least the next month.

Miller said Monday he will not resign and is filing to appeal his conviction. He was sentenced Friday to five years of supervised probation, the conditions which include paying back $80,000 in restitution, after he was convicted Oct. 16 on felony counts of financial exploitation of an elderly or disabled person and theft of $25,000 or more.

"It's a very unfortunate situation," Perry County Commissioner Patrick Heaps said.

By Missouri statute 561.021, any person holding public office must forfeit such office if convicted of a felony.

The county commission has been told by Perry County Prosecuting Attorney Thomas Hoeh, however, that Miller will be granted 10 days to file an appeal, a 30-day period to file a motion for a new trial and will be given until Jan. 21 to appeal to a higher court before any action on his employment is taken.

The commission has filed a request with the Missouri attorney general's office to remove Miller from his position. In the meantime, Miller will continue to draw his $15,479 annual salary as coroner.

"A felony is a felony. The statute could not be any more clear," Perry County Clerk Jared Kutz said. "The county commission wants to see this resolved as quickly as possible."

Miller has held the position for 20 years and was one of several recent Perry County elected officials to hold their positions for 15 years or more.

"Usually an officeholder, if they're doing a good job, can keep the job for a long time," Presiding Commissioner Carl Leuckel said.

The commission's official statement on the coroner position is it is communicating with the state attorney general's office, as well as working with Hoeh, to resolve the matter of Miller's office as soon as possible.

"As coroner, I thought he was doing a good job," Commissioner James Sutterer said. "At least we never heard any complaints about him."

Miller's crimes were unrelated to his work as coroner. Miller was granted power of attorney over an elderly woman's accounts in 2004. As she slipped further into dementia, Miller wrote more than 80 checks to cash and to his funeral home in Perryville, Missouri, from her account between 2011 and 2013. By 2013, the victim was in debt to her nursing home for $20,000.

In his testimony, Miller said the victim approved every check written from the account, and all the items recorded from cash were used for her needs.

If Miller resigns, the waiting period runs out, or his appeal fails, the appointment of a new coroner falls to Gov. Jay Nixon, who may consult with the Perry County Democratic or Republican parties for candidates, Leuckel said.

Leuckel said the commission has heard from several people interested in the position, although only one has relevant experience.

Between Nixon's decision and Miller leaving, Sheriff Gary Schaaf will serve as coroner. Leuckel said Schaaf is the only official who can serve in that capacity.

bkleine@semissourian.com

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