Tulsa World: Case involving Oklahoma children's deaths goes to Supreme Court

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Case involving Oklahoma children's deaths goes to Supreme Court

By ANDREW DeMILLO Associated Press Writer
Published: 11/12/2009 11:26 AM
Last Modified: 11/12/2009 12:40 PM

LITTLE ROCK, Ark. — 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.

By ANDREW DeMILLO Associated Press Writer

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	Report Comment hippienana, Tulsa (11/12/2009 12:50:52 PM) kill him
	Report Comment ranay22, Ponca City (11/12/2009 1:53:31 PM) Holy Crap!!! I can't believe what I just read.
	Report Comment redbeard, Stillwater (11/12/2009 2:06:02 PM) What a sad story.Miller had to have been insane to kill two children and then put one of the bodies in the oven.
	Report Comment PapaBear4172, Muskogee (11/12/2009 2:28:09 PM) insane or not this guy needs to hang. i don't care if he has a "mental defect" or not. all the more reason to hang him. he will never be a benefit to society, only a burden. so hang him. and omg "bake a baby"? what the hell is wrong w/this dude. sicko
	Report Comment scooter2, (11/12/2009 3:00:27 PM) A very tragic and sad story. Sometimes you just can't imagine why these things happen. Makes you wonder if some people are human. Although, I do not believe in the death penalty, there are times when it does seem like Justice.
	Report Comment William42, Broken Arrow (11/12/2009 4:32:28 PM) Hey Ranay, I'm with you. Sometimes I just can't believe what I'm reading! This defense attorney - I wonder how he can sleep at night, trying to get this savage off on a technicality. I hope this jury believes in the death penalty, nothing else will do....
	Report Comment Dylstyn, (11/12/2009 9:46:57 PM) Every person who kills must have some type of mental illness, many of which, get the death penalty. No exception needs to be made for this horrible man.

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