Dad to enter plea in death of 4-month-old son (Scotland, South Dakota)

Dad CHRIS MILLER is charged with 1st-degree murder, 2nd-degree murder, and 1st-degree manslaughter in the death of his 4-month-old son. Daddy is the lone suspect, and has a history of (unspecified) criminal activity (at least he was on probation at the time of the baby's death). And notice that this POS had apparently been abusing the baby even before the final assault (evidence of healing broken ribs). The baby died as a result of the severe skull fracture and other injuries that were similar to those usually seen in an high-impact car accident. So there was a lot of violence and aggression in this poor baby's very short life.

Also notice that there is NO MENTION of a mother, though there must have been one four months before this baby's murder. (Yes, mothers are still necessary to give birth. Funny that. Though our society is increasingly treating moms as expendable after labor is completed.) Was Mom working while this probably unemployable violent criminal was "caretaking" and generally mooching off her good graces? Was this a custody/visitation issue? A single father? The questions are getting repetitive, but as long as the media refuses to answer them, I will continue to raise them.

Statistically, babies are safest with their mothers--though we all know of exceptions. They are statistically at HIGHEST RISK with fathers and other male caretakers, especially young fathers and male caretakers with a history of substance abuse, domestic violence, or generally criminal backgrounds. Unfortunately, way too many babies are being left with male caretakers these days. With welfare "reform," mothers must work. Not only that, American moms have no legal right to paid maternity leave--unlike every other developed country on the planet. And moms must have child care if they must work--and it's hard to find quality care that's affordable, especially for infants. Plus, we have an ever-growing cadre of unemployed/unemployable men, often with histories of violence. Our social solution has been to draft these men into infant "caretaking"--a job that they are absolutely unsuited to. And we are increasingly seeing the carnage that has resulted from this.

INVISIBLE MOTHER ALERT.

http://www.yankton.net/articles/2011/03/11/community/doc4d79a4714428b400497584.txt

Scotland Man To Enter Plea Later In Child Death

BY RANDY DOCKENDORF
randy.dockendorf@yankton.net
Published: Friday, March 11, 2011 12:53 AM CST

TYNDALL — A Scotland man will enter his pleas later this month on charges related to his infant son’s death, including a first-degree murder charge that could carry the death penalty.

Chris Miller made his initial appearance Thursday in First Circuit Court at the Bon Homme County courthouse in Tyndall. Magistrate Judge Tami Bern advised Miller of his rights and also scheduled a March 23 arraignment in Tyndall.

Miller faces charges of first-degree murder, second-degree murder and first-degree manslaughter in the death of four-month-old Jacob Miller. The father still faces the initial charges of felony child abuse and aggravated assault of a child under 3 years of age.

State law allows the death penalty for first-degree murder. However, the state is nowhere near making that decision, said Sara Rabern, spokeswoman for the attorney general’s office.

“It would be very premature to have that discussion at this point,” she said.

First-degree murder is a Class A felony with a mandatory sentence of death or life imprisonment in the state penitentiary and a possible $50,000 fine.

Second-degree murder is a Class B felony and manslaughter is a Class C felony, each with a mandatory sentence of life imprisonment in the state penitentiary and a possible $50,000 fine.

The investigation into the case continues under the direction of the Division of Criminal Investigation (DCI) and the Bon Homme County sheriff’s office, Rabern said. Chris Miller is the lone suspect, she said, adding that she had no further information on the case at this time.

Circuit Judge Glen Eng will preside over Miller’s arraignment. At that time, Miller will enter his pleas on all charges. The judge could also hear motions from both sides, including a defense motion for bond reduction.

Miller remains in the Bon Homme County jail on $700,000 cash bond.

At his March 23 court appearance, Miller will also face a hearing for revoking his probation. The petition, signed by Bon Homme County State’s Attorney Lisa Rothschadl, alleges that Miller has twice violated his August 2009 probation.

The first alleged violation is his March 4, 2011, arrest on charges of felony child abuse and aggravated assault of a child under 3 years of age.

The second alleged violation is his refusal to submit to a blood test as requested by a DCI agent during the course of the investigation into Jacob Miller’s death. The agent had a reasonable suspicion that the defendant had been drinking.

At Thursday’s hearing, Chris Miller was the lone participant in the courtroom. Bern appeared by videoconference during a recess in her court hearings in Elk Point. The two attorneys — Rothschadl and court-appointed defense attorney Scott Podhradsky of Wagner — participated by telephone because of scheduling conflicts.

The television screen was set up and monitored by Bon Homme County Clerk of Courts Roger Hisek and Deputy Clerk Joanne Balvin.

The audience during Thursday’s proceedings included Bon Homme County Sheriff Jason Bechtold, who escorted Miller to the courtroom, and reporters from the Press & Dakotan and a Sioux Falls television station.

Before the start of the proceedings, Miller said he wasn’t expecting a hearing that morning. Podhradsky informed his client that the hearing was an initial appearance and explained it was “kind of a formality.”

During Thursday’s proceedings, Bern informed Miller that a criminal complaint had been filed against him. The judge advised Miller of his right to a grand jury, a speedy trial, and calling and cross-examining witnesses and as well as his right against self-incrimination.

Bern also advised the defendant of the presumption of innocence until proven guilty. She outlined each charge and the penalty associated with each. She also explained the process should he plead guilty.

Rothschadl indicated that she would call a grand jury, while Podhradsky requested a preliminary hearing.

The charges against Miller have arisen from a March 3 incident. Authorities responded to a call received by the Bon Homme County dispatch that a four-month-old child was not breathing at a Scotland residence.

The infant was taken to Landmann-Jungman Memorial Hospital in Scotland. The hospital staff informed authorities that the infant had a pulse and had been breathing on his own for a few minutes but had been placed on a ventilator.

The infant, Jacob Miller, was later flown to Avera McKennan Hospital in Sioux Falls for specialized treatment.

The Sioux Falls hospital notified authorities that Jacob Miller was diagnosed with a severe skull fracture and bleeding on the brain. The attending physician further advised authorities that Jacob Miller also suffered broken ribs that appeared to involve both old and new injuries.

The attending physician described the skull fracture and broken ribs as the type of injuries that could occur from being in a high-speed car accident, according to court documents.

Authorities obtained a search warrant for the Miller home and advised Chris Miller that Jacob’s injuries were not consistent with the father’s story. Chris Miller was arrested on the initial charges.

Jacob Miller died Tuesday afternoon after his breathing tube was removed, and the South Dakota Attorney General’s office announced Wednesday that the murder and manslaughter charges had been added.

Even if an indictment is not obtained on the charges related to Jacob Miller’s death, Chris Miller will return to court March 23 for the hearing on his alleged probation violation, according to the clerk of courts office.