Trial of former Perry County coroner set for October

PERRYVILLE, Mo. -- The jury trial for Herbert Miller has been tentatively set for October. That is, if the court can find the right jury.

Miller, Perry County coroner since 1995, was a prominent member of the community before being charged in January 2014 with one count each of theft and financial exploitation of the elderly.

Circuit Judge Benjamin Lewis said 100 potential jurors need to be vetted prior to the trial instead of the 70 he originally called for in November.

From the pool of 100 people, 12 jurors will be chosen to hear the case against Miller, who is accused of taking more than $80,000 from a 94-year-old woman for whom he had power of attorney. Each charge against him is a Class B felony punishable by five to 15 years in prison.

In November the case originally was set for trial the following month, but was postponed until Oct. 14 and 15. Pretrial is set for Oct. 2.

A probable-cause affidavit filed by Gregrey Martin, an investigator for the Missouri Department of Health and Senior Services, states a woman, now in her mid-90s, appointed Miller as her durable power of attorney in January 2004.

She entered a Perryville nursing home in August 2008 after being diagnosed with dementia.

At a preliminary hearing in February 2014, Andrea Southard, the nursing home's billing manager, said after a billing issue arose in April or May 2013, she asked Miller to bring her some financial records so she could review them and submit a Medicaid application on the woman's behalf.

Southard said in reviewing the records, she noticed several checks payable to cash, beginning in 2009, and a few checks to Miller's business, Miller Family Funeral Home, in "excessive amounts" she characterized as "red flags."

Martin said during the preliminary hearing that Miller admitted writing the checks for cash but claimed half were for the woman's personal use, while half were for services he provided.

Miller also said more than $22,000 in checks to his funeral home were "gifts" the woman meant for him to use for operating expenses, Martin testified.

Martin said based on information from the woman's doctor and a conversation with her in July, he did not believe she was competent to authorize such gifts.

smaue@semissourian.com

388-3644

Pertinent address:

Perryville, Missouri