Attorneys request closed hearing for Miller

Accused double murderer Tyler Miller was back in Flathead District Court Friday for a proceeding on whether news media will be allowed to attend an upcoming hearing, during which his attorneys will seek to suppress Miller’s alleged confessions to the crime.

Judge Stewart Stadler didn’t rule on the request Friday.

At issue is a July 8 hearing at which Miller’s attorneys Ed Sheehy and Noel Larrivee will argue in favor of suppressing Miller’s confessions to law enforcement and jail staff.

Miller allegedly confessed to gunning down his 35-year-old ex-girlfriend Jaimi Hurlbert and her 15-year-old daughter Alyssa Burkett on Christmas Day. He’s been charged with two counts of deliberate homicide.

His attorneys have asked that his statements not be presented as evidence because he was high on methamphetamine at the time of his initial confession.

Media coverage, the attorneys argue, would harm Miller’s chances of a fair trial.

Deputy County Attorney Lori Adams said she does not believe the evidence and testimony that will be presented at the hearing will present a “clear and present danger” to Miller’s right to a fair trial.

“We believe the press should be allowed at the hearing if that’s not the case,” Adams said.

Most of the material to be discussed is already public information, Adams wrote in a previous reply to Miller’s motion.

Prosecutors listed the alleged confessions in an affidavit in support of the death penalty submitted earlier this year. Included in the document were transcripts of Miller’s apparent confessions to planning and executing the murders of Hurlbert and Burkett.

Miller, 34, spoke to Stadler toward the conclusion of the hearing after speaking privately with Larrivee for about two minutes.

Miller had submitted a motion to the court without first speaking with his attorneys. The motion was rejected because he is currently represented.

Though the content of Miller’s motion is unknown, he told Stadler he wanted more information from his attorneys prior to filings.

“I don’t want things filed on my behalf unless I see them,” Miller said.

Stewart said Miller and his attorneys would need to resolve the dispute themselves and that Miller could present the issue again if he remains dissatisfied.

Miller’s attorneys have also filed a request for Stadler to rule that Montana’s death penalty laws are unconstitutional.

Reporter Eric Schwartz may be reached at 758-4441 or at eschwartz@dailyinterlake.com.