Extremely Interesting Local Murder Case
stargazer
it isn't easy.
http://www.wral.com/news/2425191/detail.html
Attorney Ordered To Divulge Information About Eric Miller Case
N.C. Supreme Court Rules Richard Gammon Must Break Attorney-Client Privilege
POSTED: 11:57 a.m. EDT August 22, 2003
UPDATED: 6:16 p.m. EDT August 22, 2003
RALEIGH, N.C. -- The State Supreme Court has ruled that a lawyer must reveal
to the court what his deceased client may have known about the death of Eric
Miller.
ERIC MILLER CASE
WRAL Story Archive
TIMELINE OF EVENTS
November 15, 2000
Eric Miller went bowling with several of wife Ann's co-workers, including
Darril Willard. A few hours later, Miller was admitted to the hospital and
treated for poisoning.
November 24, 2000
Eric Miller was released from the hospital.
November 30, 2000
Eric Miller was admitted to the hospital again.
December 2, 2000
Eric Miller died from arsenic poisoning.
December 4, 2000
Ann Miller's lab at GlaxoSmithKline was searched by authorities. Authorities
found a toxic arsenic compound there.
January 21, 2001
Authorities searched Derril Willard's home.
January 22, 2001
Derril Willard commited suicide.
The court ruled that Raleigh attorney Richard Gammon must reveal
conversations he had with Derril Willard Jr. before Willard's suicide, to
determine whether Gammon should be compelled to discuss it with police.
Richard Gammon, an attorney for a key figure in the Dec. 2000 death of Eric
Miller, will have to tell a judge what he knows about the case.
Willard killed himself after police began investigating the poisoning of
Miller, with whose wife, Ann, police said Willard was having an affair.
Gammon had discussed the case with Willard several times before he committed
suicide.
At issue was whether the conversations between Willard and Gammon are
covered by attorney-client privilege even though Willard is dead.
The Supreme Court said Willard's death did not mean his privileged
conversations with his lawyer should not be disclosed. But it said a trial
court judge has the authority to determine whether some or all of their
conversations were not covered by the doctrine, which allows attorneys and
their clients to keep conversations private.
District Attorney Colon Willoughby calls the decision a victory for truth.
"After two and a half-long years, we may finally get to the truth of what
happened and it may help us solve this case," he said.
The opinion noted that Willard could have implicated another person without
implicating himself, and that any such conversation would not be privileged.
"When application of the privilege will no longer safeguard the client's
interests, no reason exists in support of perpetual nondisclosure," Chief
Justice I. Beverly Lake Jr. wrote for the court.
But Lake also said the courts have a duty to defend attorney-client
privilege even after death.
"Knowing that communications will remain confidential even after death
encourages the client to communicate fully and frankly with counsel," he
wrote.
Miller, a 30-year-old pediatric AIDS researcher, died Dec. 2, 2000, of
arsenic poisoning. No one has been arrested or charged in the case.
Investigators said Miller first became ill after a Nov. 15 bowling outing
with several of his wife's co-workers. One of them was Willard, 37, who
served Miller a beer that Miller said tasted funny, according to a brief
filed with the state Supreme Court.
That night, Miller developed symptoms of the flu and was hospitalized. Blood
tests later showed he had ingested arsenic.
Miller was released from the hospital Nov. 24. Six days later, according to
police affidavits, he became violently ill again after eating a meal his
wife prepared. New blood tests before his death showed high arsenic levels.
Police have said Miller's wife was having an affair with Willard, who
committed suicide in January 2001. Willard and Ann Miller shared a lab at
GlaxoSmithKline, and both had access to an arsenic compound.
In March, Superior Court Judge Donald Stephens ordered Gammon to provide
information to the judge about his conversations about Miller's death. The
judge wanted to read Gammon's affidavit in private and determine whether it
is critical enough to give to authorities.
The ruling orders Gammon to tell Judge Donald Stephens about his
conversations with Willard. Stephens will decide whether to share any
information with prosecutors. Gammon could appeal, or he could refuse to
talk -- an option he has not ruled out.
Previous Stories:
May 1, 2003: State Supreme Court Could Rule on Attorney-Client Privilege In
Eric Miller Murder
Related Stories From Eric Miller Case
Sarah
Generally speaking, I believe several courts have ruled that death
ends all such privilege.
Interesting case - please keep us posted on developments.
stargazer
"Sarah" <soli5...@juno.com> wrote in message
news:580198ac.03082...@posting.google.com...
I saw on the late news last night that Gammon, Willards lawyer, is going to
use any appeals he can to refuse to comply with the State Supreme Courts
decision. I don't understand his stance on this one myself. Wonder if it's
that he's got some real information, or is he simply trying to make a legal
point.
This case has garnered a lot of publicity and emotions locally. And I did
hear from Ann Rule that she's been keeping her eye on it for a possible
story too. Eric Miller, the man who was poisoned, was very well liked and
appeared to be a very nice man, with his whole life ahead of him. His wife
and Willard both had access to arsenic at their places of employment. The
day after Willards home was searched by the cops, his wife arrived home from
work in the early evening with their young daughter in her car, opened the
automatic garage door, to find him hanging in there. In fact the news
people were still on the scene at the time trying to get him or his wife to
'comment' on the reports, so we saw it all on the evening news.
Then last year sometime, one of the local reporters tracked down Ann Miller
to Wilmington or Fayetteville, can't recall which, where she was living with
their little girl. She'd changed her name and was living in there without
her neighbors knowing 'who' she was. I haven't heard where she is since
that time. Eric Millers family/parents, occasionally travel back here to
try and see their granddaughter. It's all very sad, and I for one would
like to see them get Ann Miller if at all possible.
sg
stargazer
Miller Witness's Widow Believes In Husband's Innocence
Widow Fears Husband's Name Won't Be Cleared
POSTED: 10:08 p.m. EDT August 25, 2003
RALEIGH, N.C. -- In an exclusive interview with NBC 17 News, Derril
Willard's widow spoke out about a state Supreme Court decision aimed at
finding out what her late husband may have said about Eric Miller's murder.
The decision was aimed at helping investigators get to the bottom of the
Miller murder mystery, but Yvette Willard fears it won't help clear her
husband's name.
"Some people might say I was naive, but this leaves ambiguity," she said.
"He can't speak out and say, 'I wasn't involved.'"
Yvette Willard firmly believes her late husband had nothing to do with the
murder of Raleigh AIDS researcher Eric Miller. The state Supreme Court's
decision -- released Friday -- said that Derril Willard's attorney, Rick
Gammon, can be forced to reveal what Willard may have told him about the
murder. Gammon must privately tell a judge, and the judge will decide
whether or not it's protected under attorney-client privilege or whether it
can be handed over to investigators.
"I was pleased that the court decided to allow part of the discussions to be
reviewed by the judge," Yvette said. "I wished it could have gone further."
Derril Willard committed suicide in January 2001, a month after Miller's
arsenic poisoning death. Investigators have said Willard had a relationship
with Miller's wife, Anne. The two were co-workers.
Yvette Willard hopes that what information Gammon may give to the judge can
be used to finally learn the truth.
"Maybe there's something he told Gammon that they can take and unravel and
find out what happened to Eric," she said.
In just over two weeks, the decision will become official, and the trial
judge can order Gammon to talk.
Previous Stories:
August 22, 2003: High Court: Attorney Must Reveal Conversation In Eric
Miller Case
August 22, 2003: NBC 17 Archives: The Eric Miller Murder Investigation