The last remaining defendant in the lengthy investigation of former Clark County Sheriff Jamey Noel wants to take his case to the Indiana Supreme Court.
John Miller, who served one term as a Clark County Council member, was charged last year with felony conflict of interest. Court records say he accepted gifts including travel, meals and event tickets from Noel. He also voted on appropriations to fund New Chapel EMS, an emergency services company Noel operated.
According to his level 6 felony charge, Miller had a financial interest or derived a profit from the contract between New Chapel and Clark County, and he "derived benefits of value from Noel/New Chapel."
Miller's attorneys have argued the facts alleged by the state don't meet the requirements for the charge, so they want it thrown out.
In a petition to transfer to the state Supreme Court, they argued in part that "'benefits of value' received 'indirectly' from a contract does not constitute an offense."
The petition says the appellate court did not interpret whether "benefits of value" means profit, and whether benefits received indirectly shows that they were derived "from the contract." The filing says these are not questions for a jury to decide.
"Miller has yet to have his day in court on the issue he raised to the trial court and appealed: whether the Information states an offense as a matter of law," it reads.
Miller's legal team previously moved to get the charge dismissed in state court. Judge Larry Medlock, who presided over Noel's and other cases in the investigation, declined to do that, finding that a jury could find Miller benefitted indirectly from the contract and should determine that at trial.
Miller appealed that decision and lost, then asked the Indiana Court of Appeals to rehear his case, which was denied.
Of the six people charged as a result of Noel's investigation, Miller's case is the only one still open.
Last month, former Scott County Sheriff Kenny Hughbanks pleaded guilty to tax evasion and was sentenced to two and a half years' probation. He was charged earlier this year after police say he failed to report nearly $146,000 in taxable income over several years. Most of that was money investigators say he used from a family member with dementia.
His charge stemmed from information police uncovered during the massive investigation of former Noel, though it isn't directly related to the former sheriff's actions.
Noel himself is serving prison time after pleading guilty to more than two dozen felonies last year. He admitted to stealing millions from fire and ambulance companies he operated that served Southern Indiana through public contracts, and the Clark County Sheriff's Office.
Misty Noel, who was married to Noel until their divorce earlier this year, was sentenced in July after pleading guilty to theft and tax evasion. She is serving what will likely be around a year of jail time, followed by probation.
Kasey Noel, their daughter, also pleaded to theft and tax evasion at the start of the year and was released from jail in May. She is on probation.
Brittney Ferree, a former Clark County Council member who has a child with Jamey Noel, is serving two years' probation after pleading guilty to felony conflict of interest this year.
Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.
This story has been updated to clarify details about the argument by Miller's attorneys.
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