Miller trial begins with jury selection


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  • | 4:00 a.m. May 20, 2013
Paul Miller leaves the courtroom during his trial Monday. Photo by Shanna Fortier.
Paul Miller leaves the courtroom during his trial Monday. Photo by Shanna Fortier.
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The long-anticipated trial for Paul Miller, a Flagler Beach man accused of shooting his neighbor in March 2012, began today.

Miller faces second-degree murder charges and, if convicted, up to a life sentence in prison.

The court spent nearly eight hours on Monday selecting its jury, an arduous process that involved questioning a total of 32 potential jurors and narrowing them to six jurors and three alternates to sit the trial. Tomorrow, court will begin with opening arguments as the trial moves forward.

Throughout the day, prosecuting and defending attorneys questioned potential jurors about their backgrounds and philosophies. Chief among the concerns for potential jurors was whether the amount of media coverage surrounding Miller’s case would sway jurors.

However, only six potential jurors said they had read or watched media coverage of the murder case prior to coming to court.

“I’ve read about the Miller case; actually, I recognized him the minute I walked in,” one woman said. She was relieved of duty almost immediately.

The process began with Circuit Judge J. David Walsh winnowing 12 jurors from the original pool. The reasons others were relieved were manifold: One man said he didn’t think it was his place to judge another person, a philosophy he said he learned from the Bible.

“That’s not what I was raised to believe,” he said. “It’s not like me to throw someone under the bus.”

The man was excused.

The process culminated when both prosecution and defense were allowed to question a pool of 20 remaining potential jurors. Their questions hinted at the cases both sides might present at trial.

“If I pick up my phone and dial a number and put the receiver to my ear, you would think I meant to make a call, right?” prosecuting attorney Jacquelyn Roys asked.

Miller is accused of shooting his neighbor, Dana Mulhall, March 14, 2012 with a Kel-Tek 9mm handgun after the two men got into an argument over a barking dog. The two had argued before.

According to police documents, after Mulhall and Miller argued the night of the shooting, Miller retreated to his house and came back with a gun, which he shot at Mulhall five times.

Miller called 911 after her shot Mulhall and said he’d shot his neighbor. During investigation of the incident, Miller told law enforcement officers that he’d felt threatened by Mulhall, which is why he shot. Williams hinted during a previous pretrial hearing that he might call the shooting an act of self-defense during trial.

Roys also asked the potential jurors their thoughts on gun ownership, as did defense attorney Douglas Williams.

One man expressed vehement opposition to private gun ownership, despite his two sons who both have concealed weapons permits.

“I’m familiar with guns; I know what they can do,” he said. “I spent 17.5 months in Vietnam. I know what happens. That’s why I don’t believe in it.”

The man was not selected. Neither was a woman whose neighbors growing up were in an altercation involving guns. Later, a friend of hers was killed with a gun. She said she couldn’t get the incidents out of her head.

Miller’s trial is expected to last at least a week, but is scheduled to conclude by May 31.

 

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