LEWISBURG — A 78-year-old woman convicted in the poisoning death of her husband in Union County has filed an appeal requesting a new trial.
The appeal was filed this week by Myrle Miller's attorney, Public Defender Brian Ulmer.
Miller was sentenced July 21 to life in prison without the possibility of parole. She was also sentenced on charges of insurance fraud, theft by deception, forgery, perjury, and dealing with proceeds of unlawful activity.
Ulmer states in the filing the evidence was insufficient to convict Miller, specifically relating to testimony regarding resuscitation measures for her then husband, John W. Nichols, who died at the couple's Hartely Township home April 14, 2018, due to "acute verapamil toxicity."
Ulmer also states in court documents that Miller was her husband's lawful power of attorney. He states the perjury charge was unwarranted as there was no evidence that Miller made untruthful statements.
According to Ulmer's filing, there was an error by the jury, which he alleges came to a hasty resolution as it took less than an hour to come up with their guilty verdict.
Ulmer requests the court acquit Miller on all charges or grant a new trial and any appropriate relief.
Union County District Attorney D. Peter Johnson expected an appeal to be filed.
"I don't think they'll be successful," he said. "It's generally the course that these things take, whether it's a DUI case or a murder trial.
"It's a frustration for the family members. However, it is a constitutional right and Miller has that right."
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