Convicted killer Myrle Miller seeks a new trial [The Daily Item, Sunbury, Pa.]

Aug. 2—LEWISBURG — Convicted killer Myrle Miller seeks to have her charges overturned or a new trial.

On Monday, defense attorney Brian Ulmer in the Union County Courthouse filed a motion for post-sentence relief for Miller, 77, who was convicted by a jury in April of poisoning and defrauding her 77-year-old husband John Nichols on April 14, 2018. She was sentenced last month to serve a mandatory life sentence 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.

Ulmer, of Lewisburg, wrote in a three-page document that an "error occurred in jury deliberations as was evidence in the hasty resolution." The jury on April 24 deliberated for 50 minutes before finding Miller guilty on all charges.

"While the defense respects the service of the jurors, the speed with which they convicted compared to the number of charges of elements contained therein, after a multi-day trial, with numerous exhibits, as well as complicated medical and financial testimony, shows that an appropriate deliberative process did not take place," Ulmer wrote.

Furthermore, Ulmer wrote, "The evidence was insufficient to convict" and "the verdict was against the weight of the evidence" for all charges.

Miller "pressed for resuscitation measures," Ulmer wrote about the murder charge.

Additionally, for the remaining charges, the "decedent condoned her activities, she acted under a lawful power of attorney and the interactions involved marital property," Ulmer wrote.

In reference to the purgery charge, the charging information was "overbroad and unspecific," and "there was no showing that any alleged statements were knowingly untruthful," he wrote.

In addition to the prison sentence, Senior Judge Edward Reibman, of Lehigh County, also ordered Miller to pay restitution in the amount of $395,546.92.

The judge has 120 days to respond to Miller's filing.

Union County District Attorney Pete Johnson was assisted in the prosecution during the trial by Senior Deputy Attorney General Jennifer Buck.

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