Convicted killer Myrle Miller seeking new trial, to overturn conviction [The Daily Item, Sunbury, Pa.]

Daily Item (Sunbury, PA)

Mar. 19—LEWISBURG — A Lehigh County judge did not decide on Tuesday whether convicted killer Myrle Miller will have her conviction overturned and be granted a new trial in Union County Court.

On Tuesday, Miller and defense attorney Alexander Silow, of West Chester, appeared in front of Senior Judge Edward Reibman, of Lehigh County, to provide arguments in the post-sentence motion hearing. The commonwealth was represented by Senior Deputy Attorney General Jennifer Buck and Union County District Attorney Brian Kerstetter.

Miller, 79, was convicted by a jury in April of poisoning and defrauding her 77-year-old husband John Nichols on April 14, 2018. Miller was sentenced to serve a mandatory life term in prison for a first-degree murder conviction as well as a consecutive sentence of 104 to 294 months for an additional five felony counts: insurance fraud, theft by deception of more than $25,000, forgery, perjury and dealing in proceeds of unlawful activity.

Miller, who is serving her sentence at State Correctional Institution Muncy in Lycoming County, appeared in court in a wheelchair. She wore red prison clothes while shackled at the hands and feet.

Silow argued that Nichols appointed Miller as the power of attorney, which gave her the ability to act for him. Any money used was from a joint account, not specifically Nichols's money, he argued.

The jury assumed that Nichols would not have given permission to Miller for the purchases made, Silow argued.

The purchases were not "grandiose," said Silow.

Silow also argued that the commonwealth only proved that Nichols died, not that he was killed. No evidence was presented to show that Miller was responsible for the death, Silow said.

Nichols also had a history of using too much medication and mixing his medication with Miller's medication, said Silow.

The commonwealth also never provided any evidence or testimony to show malice or a specific intent for Miller to kill Nichols. All evidence was circumstantial, said Silow.

Miller had access to the shared accounts and had power of attorney, so money could not be a reason for Miller to potentially want Nichols dead, said Silow.

Buck said Miller immediately filed for bankruptcy after marrying Nichols in 2012. Miller lists herself as a widow in paperwork and classifies Nichols as her landlord, she said.

She never brought any money to the relationship, said Buck.

Miller "systemically depleted" Nichols's money until there was none. She wrote checks to cash to herself, making deposits into her own account, said Buck.

She didn't buy "fancy cars or vacations," but made frequent withdrawals of hundreds of dollars within days of each other. What she spent that money on is unknown, said Buck.

Nichols "never intended his entire life savings to be depleted." To suggest otherwise "strains logic," Buck said.

Miller was ordered to pay restitution in the amount of $395,547.

Buck said they knew what medications were in Nichols's system, but those drug containers were never found. A lethal dose of verapamil was found in Nichols's system, although the state said Nichols was never prescribed the medication, which treats irregular heartbeats.

When Miller realized that an Area Agency on Aging investigation into Nichols's finances would not be stopped, Miller realized "she was stuck," said Buck.

Miller researched divorce on the internet, said Buck.

"She decided to go a different direction, which was murder," said Buck.

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