Miller represented himself at his July 21 hearing despite the judge’s repeated urging for him to have an attorney present. Miller admitted to several probation violations, including not attending sexual offender classes, moving from a residence approved by his probation officer and traveling out of state to Columbia Falls, Montana, where he turned himself in to authorities. Also, Miller is charged with failing to register as a sex offender in Bonneville County.

The judge read each probation violation, after which Miller said, “I’ll admit [to them], your honor.”

Prosecutor Shawn Glen recommended that the judge revoke Miller’s probation, noting he wasn’t amenable to sex offender treatment and that he had fled justice, possibly intending to go to Canada.

Miller said it was never his intent to flee to Canada and that he went to Montana because “I like it there.” Miller noted that he basically had no criminal history and that he was having a problem with being labeled a sexual offender.

“I’m not a criminal,” Miller said. “I’m not out harming people – I never have in my life. It’s just this new thing [sex offender label]. I’m having trouble adjusting.” Miller said he was enrolled for college in Idaho Falls and that he would be attending classes as a full time student if the judge allowed him to stay on probation.

Judge Tingey noted Miller had already been through retained jurisdiction at a minimum security Idaho prison and had missed treatment classes. “To be on probation, you have to be supervisable. You might not think the treatment applies, but if you reject treatment, I don’t see how you’ll get help.” Miller’s flight to Montana was problematic, the judge added.

“I just don’t see you back in the community on probation status. It’s not working out at all. I will revoke probation on this [charge],” the judge said.

Background

Miller, whose address is listed as Redlands, California, turned himself in August 11, 2008 to Custer County authorities as he was traveling through Stanley. He was despondent after the death of his fiancée in a vehicle accident in 2007, had constant thoughts of suicide and was traveling the country, ridding himself of his possessions, according to Chief Deputy Mike Talbot’s affidavit. He had quit his most recent job with General Dynamics in Denver, Colorado.

Miller told Talbot that he started buying child pornography over the Internet after his fiancée’s death. He didn’t like what he’d been doing, said he needed help if he was going to get his life back, and was concerned about what he might do to himself if he didn’t get help, so he decided to turn himself in, Talbot wrote.

Miller showed Talbot six folders with 417 pornographic photos on his laptop computer.

Miller pleaded guilty to one felony count, possession of sexually exploitative material, on October 28, 2008. Judge Brent Moss ordered a pre-sentence investigation and placed him on the 180-day rider program for treatment and evaluation of his suitability for probation. The judge suspended a prison sentence of two years fixed and eight years indeterminate, gave him credit for 164 days of jail time and ordered a sexual offender treatment program. Defense attorneys Jeremy Stafford and Mike Lee had represented Miller prior to his hearing on the probation violations.