ASHTON MILLER - 3 months - Granite City IL

by TomTerrific0420 Sat Nov 14, 2009 4:32 am

A Granite City couple is accused of suffocating their baby to death.

Madison
County prosecutors on Friday charged Donald R. Miller, 22, and Heather
N. Smith, 20, of first degree murder and aggravated battery to a child.

The
charges stem from a 911 call to the couple's home in the 600 block of
Chouteau early Oct. 26. Investigators found 3-month-old Ashton Miller
dead inside, according to a Madison County Sheriff's Department report.

An
autopsy determined the baby died of suffocation, the report said. The
child also has multiple bruises, according to the filing.

by TomTerrific0420 Sat Apr 17, 2010 12:00 pm

EDWARDSVILLE -- A jury convicted Donald R. Miller on Thursday of murdering
his baby son.
The Granite City man's head dropped to the table and he cried when the
verdict was read. His parents erupted and were ordered from the courtroom.
"Please, let me give him a hug! Please!" yelled Miller's mother, Christine
Miller.

ASHTON MILLER - 3 months - Granite City IL Untitled-1.embedded.prod_affiliate.98

ASHTON MILLER - 3 months - Granite City IL Untitled-1.embedded.prod_affiliate.98

Donald R. Miller, upper left, Heather N. Smith, lower left;
Christine and Donald Miller rush out of courtroom after guilty verdict was
announced.

She and Miller's father, also named Donald Miller, left the courthouse in a tirade.
Miller, 22, was charged with first-degree murder in connection with the
October death of his 3-month-old son, Ashton Miller. Madison County Associate
Judge Kyle Napp also gave the Madison County jurors the option of finding Miller
guilty of a lesser offense, child endangerment, but jurors came back before 3
p.m. Thursday with a guilty verdict on the murder charge.
Miller faces a sentence of 20 to 100 years in prison when he is sentenced
later. A conviction for child endangerment would have carried a sentence of two
to 10 years.
The jury began deliberating about noon.
Defense attorney Scott Turner argued Thursday for acquittal or conviction on
a lesser offense because he said the state's star witness wasn't credible. He
said the prosecution's case against Donald R. Miller is built entirely on the
testimony of the child's mother, Heather Smith, who was Miller's girlfriend.
In closing arguments Thursday morning, Turner likened the case to a house on
a shaky foundation.
"The only person saying that he did it is Heather Smith," Turner argued.
"That's the key to their case."
Waiting at the defense table Thursday morning for court to begin, Miller
flashed a grin and a thumbs-up gesture to audience members sitting on the
defense side of the courtroom.
Smith has testified that Miller shook and punched the child in the head
before he died. But Smith initially told detectives the child died after she
laid him on a couch. She said she found Ashton with his head buried in the seat
cushions.
Smith said she initially lied to investigators and others because she was
fearful of Miller, an abusive heroin user. She also had made up excuses for
earlier injuries the child suffered.
"She lied, she lied, she lied, she lied, she lied," Turner argued.
Turner argued that Smith, herself a heroin user, came up with the allegations
against Miller after police threatened to charge her as an accessory to murder.
Turner said Smith has a deal with prosecutors and is trying to save her own skin.
In exchange for pleading guilty to aggravated battery of a child, Smith will
face up to 15 years in prison when she is sentenced later.
Assistant State's Attorney Chris Hoell showed jurors a photograph of Smith
from August 2008, showing her with a black eye that she claims was suffered at
the hands of Miller.
Hoell argued that Smith finally told the truth because she entered rehab and
realized Miller could no longer hurt her.
"Ashton Miller never had a chance. He lost the parent lottery," Hoell argued.
"He was born to two heroin addicts."
Pathologist Dr. Raj Nanduri testified Ashton had various injuries but died of
suffocation. Prosecutors argue the child's head was pushed down. Miller did not
take the witness stand in his own defense.
Hoell argued that Nanduri's testimony is consistent with Smith's account that
Miller, upset that the baby wouldn't stop crying, punched the child, put his
hand over his face and pushed his head into the couch cushions.
"The defendant wants him to shut up, and he won't," Hoell argued. The
prosecutor gave a re-enactment, clinching his fists in front of him and
exclaiming, "Shut up! Shut up!"
Hoell told jurors that Smith woke about 3 a.m. and made a remark to Miller
about it being odd that Ashton hadn't cried in quite some time.
Hoell said Miller replied to Smith, "I hope he's not dead."
Smith's father, Lyndon Smith, said he's pleased with the verdict.
"We're happy the jury has spoken for our grandson," he said.
Madison County Sheriff Bob Hertz waited for the verdict along with his
detectives who investigated the case. Hertz said it's important that police and
prosecutors "bring justice for those who can't defend themselves"

ASHTON MILLER - 3 months - Granite City IL

ASHTON MILLER - 3 months - Granite City IL

Re: ASHTON MILLER - 3 months - Granite City IL