Chaining trial ends

Published 5:15 pm Saturday, June 18, 2011

Brian Miller and his wife Charity Miller make their way into court Friday morning. - Eric Johnson/photodesk@austindailyherald.com

By JASON SCHOONOVER and AMANDA LILLIE

Now we wait.

After about an hour and a half of testimony Friday morning, the fourth and final day in a trial to terminate the parental rights of Brian and Charity Miller came to a close. The attorneys will submit written closing arguments by 4:30 p.m., July 5. Then Judge Fred Wellmann will have 15 days to issue a ruling.

When being questioned by Assistant County Attorney Aaron Jones, Charity, 26, revealed her 5-year-old got into a knife when being watched by his grandfather, Lyman Miller, “to open a toy.”

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“He got one (a knife) for my father-in-law,” she said.

The incident led to Charity and Brian, 33, chaining the 5-year-old to his bed to keep him from sifting through the house at night and getting into things — even though Charity could not remember another incident with a knife.

The Millers, of Dexter, pleaded guilty to false imprisonment and malicious punishment of a child on May 12 on the criminal side of the case. They were charged on April 26 with depriving their sons of food and bathroom access; they also chained the 5-year-old to his bed from dinnertime until morning every day, according to a court complaint.

Friday was the petitioner’s chance to follow-up to the defense’s questioning of Charity on Thursday.

While the Miller’s repeated admitted chaining the 5-year-old, they maintained his 8-year-old sibling was never chained.

A key question Friday was whether the 8-year-old, who is not Brian’s biological son, knew about and witnessed his brother being chained.

During a recorded interview played Wednesday, the 8-year-old said his younger brother was chained because “he gets in stuff.” The older boy also said his parents don’t chain him anymore because he behaves and stays in his room at night.

When questioned Friday, Charity testified she never chained the 8-year-old, and he may have said he’d been chained for attention.

“I feel that he’s just possibly trying to get a little attention,” Charity said.

Charity admitted she and Brian chained their 5-year-old son almost every night from August until late December of 2010.

Then, in December of 2010, the boy first objected to the chain saying “I don’t want chain no more” and “I be good,” according to Charity’s testimony. The chain wasn’t used again until January, when he began acting up again, Charity testified.

When asked why they didn’t consider switching bedrooms with the 8-year-old or spending a night on the 5-year-old’s floor to monitor him, Charity said the idea never crossed her mind.

Like Thursday’s testimony, Charity said her son did not express opposition to wearing the chain, and even lifted his leg to help her attach it.

“He never acted scared at all,” Charity said.

“He never fought us on it,” she said later.

Brian testified Thursday to getting up to check on the 5-year-old during the night, but Charity’s testimony wasn’t as clear.

“I don’t recall if I ever did or if my husband got up to do it,” she said.

Detective Steven Sandvik was called back to the witness stand. When asked what he saw in the Millers’ home, he said he saw very few children’s toys in the boys’ room, aside from a couple cardboard boxes and a shelf. Other than a few drawings, Sandvik said he saw few children’s items in the rest of the house.

“I didn’t notice any children’s items whatsoever in the living room,” Sandvik said.

Sandvik reiterated that the 5-year-old only had one or two links of room when the chain was attached, plus the locks took up more space. He said the boy couldn’t roll over.

“His leg was affixed to the spindle of the bed,” he said.

Todd Schoonover, guardian ad litem who speaks on behalf of the children, reiterated his stance that reunifying the Millers and the children would cause mental and emotional damage.

“The children deserve people who care about them,” he said.