Death row case goes to state supreme court

Attorneys for a man convicted of killing his girlfriend and her two young children during the 2006 Christmas holidays told the Arkansas Supreme Court that police discovered the bodies during an illegal search of his apartment.

Justices heard oral arguments Thursday in the appeal by death row inmate James Aaron Miller. Miller was convicted in 2008 of killing Bridgette Barr and her two children, 5-year-old Sydney Barr and 2-year-old Garrett Barr.

Police say Sydney and Garrett Barr lived with their father in Muldrow, Okla., and were visiting their mother for Christmas.

Authorities said Miller lived with the bodies for about five days before their discovery.

Miller’s attorneys told justices that the bodies were discovered during a warrantless search by police, who had been called to the apartment after Miller’s father said he was worried about his son’s health.

Jim Wyatt, an attorney for Miller, told justices that police and an ambulance went to Miller’s apartment after Miller’s father told authorities that his son was suicidal. Miller asked police to lock his apartment, but officers searched the home and found the three bodies.

“At no point was consent given by Mr. Miller, and at no time was a warrant obtained,” Wyatt told justices during the hearing.

Assistant Attorney General Brad Newman told the court that officers had a reasonable suspicion to search Miller’s apartment because they noticed blood on his door and an odor. Newman also argued that the bodies would eventually have been discovered in Miller’s home.

“I don’t think the defense can argue that the bodies would have stayed in the apartment undiscovered,” Newman told justices.

Autopsy results showed that Bridgette Barr was strangled, Sydney was stabbed in the neck and Garrett was smothered. The autopsy showed the 2-year-old’s body was placed for a time in a heated oven but was found by police in a bathtub.

Investigators said Miller confessed to killing the mother and daughter, but said he didn’t remember killing Garrett, though he assumed he must have done it. Miller’s attorneys argued during his trial that he suffered from a mental defect and didn’t understand at the time that his actions were criminal.

Miller’s attorneys also argued Thursday that the victims’ family members should not have been allowed to urge jurors to impose the death penalty during the sentencing phase.

Newman acknowledged that the statements should not have been allowed during the sentencing phase, but said it was a “harmless error” that did not affect the trial. Miller’s attorney disagreed.

“I can’t think of anything more prejudicial than a family member taking the stand and telling the jurors to kill him,” Newman said.