Lawrence Journal-World 02-11-12

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LJWorld.com

New trial ordered in 2004 murder case Court cites flip-flopped words in jury instructions; D.A. will seek review

By George Diepenbrock gdiepenbrock@ljworld.com

A Kansas Court of Appeals panel has ruled a former Lawrence carpenter Martin Miller and Christian school leader was convicted of convicted of killing his wife killing his wife should get a new trial based and is serving 25 on errors in the jury instrucyears to life in tions at his 2005 trial. prison. Douglas County District

try Martin Miller for the first-degree murder of Mary Miller and again seek a life sentence.” A Douglas County jury convicted Miller of first-degree murder for the July 28, 2004, death of his wife, Mary E. Miller, 46, at the family’s central Lawrence home. Prosecutors accused Miller of strangling his wife in her

sleep because he had been having an affair with another woman and he wanted to collect $300,000 in life insurance. District Judge Paula Martin sentenced him to 25 years to life in prison. According to the unpublished opinion filed Feb. 3, a three-judge panel determined an error in jury in-

The art of language

Frigid

High: 24

Attorney Charles Branson said prosecutors would ask the Kansas Supreme Court to review the recent decision in Martin K. Miller’s case before preparing for a second trial. “We are heartbroken for the Millers’ children and others affected by this case,” Branson said. “If our appeal is unsuccessful, we will re-

Low: 3

Today’s forecast, page 10A

INSIDE Withey looks to follow up big game

Senate leader rejects bill allowing guns on campuses srothschild@ljworld.com

QUOTABLE

When you get the holy bejesus scared out of you, I just quit. I am not lying. I have not had the desire even once to pick up a cigarette.” — Julie Crowe, who suffered a major heart attack in her early 50s, speaking at the eighth annual Go Red For Women Luncheon and Expo in Lawrence. Page 6A

COMING SUNDAY The Flory dairy farm — you may have seen it atop its hill above Lone Star Lake — is having an auction on March 7, closing the book on more than 60 years of Florys milking cattle in Douglas County.

Richard Gwin/Journal World Photos

HONG CHUN ZHANG, a Smithsonian exhibitor and the featured artist of this year’s Benefit Art Auction, spent Friday at the Lawrence Arts Center, demonstrating Chinese brushwork to youngsters such as Zachary Peterson, 10, of Lawrence. Others, at left, joined in the fun. The students’ work will be displayed in the Arts Center’s lobby.

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INDEX Business Classified Comics Deaths Events listings Horoscope Movies Opinion Puzzles Sports Television Vol.154/No.42

Please see COURT, page 2A

By Scott Rothschild

KU center Jeff Withey, who exploded for a career-high 25 points on Wednesday at Baylor, could be fired up for today’s 3 p.m. game against Oklahoma State with the presence of former Jayhawk great Clyde Lovellette, who will be honored at halftime at Allen Fieldhouse. Page 1B

structions about reasonable doubt transposed the words “each” and “any” and found the switch changed the meaning of an instruction and “materially disadvantaged” Miller. The written instructions Martin gave the jurors stated they must find Miller not

6C 1C-6C 9A 2A 10A, 2B 5C 4A By Shaun Hittle 8A sdhittle@ljworld.com 5C ONLINE: See the video 1B-8B at LJWorld.com 4A, 2B, 5C Candy Crowley, CNN’s 26 pages chief political correspondent and anchor of “State of the Union with Candy Crowley,” thought the 2004 presiEnergy smart: The dential election would be Journal-World her last hoorah covering the makes the most of renewable campaign trail. resources. Then 2008 came along www.b-e-f.org with contenders like Hillary Rodham Clinton and Barack Obama, and she couldn’t resist. “I guess they’re all my children,” said Crowley of the numerous campaigns — including Bill Clinton, Bob Dole and Ronald Reagan

CNN anchor accepts White award at KU — she has covered over the years. Crowley accepted the 2012 William Allen White Citation Friday. The citation is named after the Pulitzer Prize-winning journalist and former owner and editor of the Emporia Gazette, who died in 1944. Awarded since 1950, it honors “an American journalist who exemplifies William Allen White’s ideals in service to his profession and his community.” Other journalists who’ve been chosen for the honor include Jim Lehrer, Bernard Shaw and Bob Woodward. Crowley engaged the audience at the Kansas Union

TOPEKA — The Kansas Senate leader said Friday he had no interest in a bill that would allow concealed carry of weapons on college campuses. “I think it’s a bad idea,” said Senate President Steve Morris, R-Hugoton. He said combining concentrations of young people and guns doesn’t make sense. House Democratic Leader Paul Davis of Lawrence, whose district includes Kansas University, said, “I think that we need to let the Morris Regents institutions police those issues themselves. They know what the security concerns are, better than the 165 legislators.” While KU and other Regents schools oppose the proposal, Davis said he has heard more from community colleges wanting to make sure the bill doesn’t become law. This week, House Bill 2353 was approved by the House Federal and State Affairs Committee and is headed to the full House for consideration. The measure, by Rep. Forrest Knox, RAltoona, states that people who are licensed to carry a concealed gun would be allowed to bring a weapon into a state or city facility unless the building had adequate security measures, such as electronic screening equipment and guards, to ensure that no weapons could be brought in. Representatives of colleges, cities and counties and other groups have lobbied against the legislation, saying it would be cost prohibitive to have security systems at all entrances. That means concealed carry would have to be allowed in their facilities, they said. Two years ago, a similar bill by Knox was approved by the House but it got bogged down in the Senate. — Statehouse reporter Scott Rothschild can be reached at 785-423-0668.

Brownback agenda in trouble, some say, even in GOP By Scott Rothschild srothschild@ljworld.com

Mike Yoder/Journal-World Photo

CANDY CROWLEY, chief political correspondent and anchor of “State of the Union,” jokes with the audience about the Jayhawk tissues she received in a gift bag from Kansas University. Crowley, who was battling a cold, spoke Friday at KU after receiving the 2012 Please see CROWLEY, page 2A William Allen White Citation.

TOPEKA — Leaders from both political parties on Friday said Gov. Sam Brownback’s legislative initiatives, including overhauling the state tax code and school finance system, had problems. “The governor’s legislative agenda is basically in the emergency room right now,” said House Minority Leader Paul Davis, D-LawBrownback rence. Brownback’s spokeswoman Sherriene Jones-Sontag issued a statement expressing confidence. “It’s the second quarter and we’re moving the ball down the field,” she said. “In the last year, Kansas added nearly 12,000 private sector jobs and balanced its budget. This year, we will accomplish pro-growth tax reform, control state spending for the long Please see BROWNBACK, page 2A


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