SAN ANGELO, TX – Robert Lamar Miller, 45, charged with the murder of his late wife Naomi Michelle Miller, appeared in the Tom Green County Court House this morning for a motion for his right to Habeas Corpus.
Habeas Corpus is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to stand before the court and to be given a valid reason for their detention.
Miller was arrested for the murder of Naomi M. Miller on March 2, 2017. A few days later, Naomi Miller’s body was found at the old San Angelo Race track on March 7.
Miller was arrested prior to the body’s discovery, as Miller’s co-defendant, LuDonna Yoder, recalled witnessing a domestic dispute between Miller and Naomi Miller in Dec. of 2005. Yoder also disclosed to detectives, that she remembered seeing Miller walk out of the bedroom with what appeared to be a body wrapped in bedding sometime after the argument.
In Miller’s interview with Texas Ranger Hanna, Miller confirmed the confrontation with his wife, however, he said that Naomi left the home that evening with an unknown boyfriend.
In court Wednesday morning, Miller sat before Judge Jay Weatherby with attorney Brian Raymond asking for his right to Habeas Corpus. 119th District Attorney John Best was present representing the State.
Miller’s claim for Habeas Corpus comes after he was held in custody without officially being charged with murder. The felony charge was not filed until 91 days after his arrest, one day late.
The second charge against Miller is tampering with physical evidence which he was never detained for and was never charged for until after the murder charge.
Raymond argued that the State was adding the tampering with evidence charge as a separate incident when it should be a running transaction with the murder charge and should have been part of his accusation for the murder.
The Texas Code of criminal procedure under Article 17.151 requires the defendant who is pending trial to be released on either a personal bond or a reduced bond if the State is not ready to proceed with the trial. In Miller’s case, the filing of the felony charge after the 90-day period fit the requirements for him to be released on a personal bond if approved by Judge Weatherby.
Raymond made a request for Habeas Corpus and a request for a reasonable bond as he believed the state was using the bond from Miller’s indictment as a way of oppressing his client.
Judge Weatherby took the time to explain that the primary function of a bond is misunderstood by the general public and is only issued as a means to insure the defendant appears in court for their charge.
Specified in the Texas Code of Criminal procedure, “bail is the security given by the accused that [he/she] will appear and answer before the proper court the accusation brought against [them], and includes a bail bond or a personal bond.”
Wetherby upheld the purpose of innocence until proven guilty, and assured Miller that his rights would not be taken away as he made a decision on his request for Habeas Corpus. Weatherby acknowledged the violation of the murder charge being filed after 90 days and declared that the second charge for the tampering of evidence was not clearly defined in the defense’s request.
Weatherby issued a $75,000 personal bond for Miller’s release from custody. The terms of his bond include, but are not limited to, wearing an ankle monitor, ordered to house arrest, daily reporting, and no contact with the co-defendant.