Anthony Miller, who is a former Newark High School assistant band director, was sentenced
to four years and 10 months in prison back in August 2014. Now, 15 months
later, he’s requesting an early release. The sentence stems from
13 charges of sexual conduct to which
Miller pled guilty. He was placed on administrative leave in February 2014 after he was arrested.
According to the law in Ohio, a person who is convicted and sentenced to
less than five years has the ability to request judicial release after
they have served 180 days. Miller has requested release twice; once in
February which was denied by Judge David Branstool, and again in November.
The result of the November filing is an oral hearing set to occur on January
8, 2016. Should the request for early release be granted, Miller will
have served 28% of his sentence.
Attorney Bradley Koffel and Attorney Fran Tosi Ward of Koffel Brininger Nesbitt
are serving as the attorneys for Miller. They file a 60+ page motion in
support of the most recent request filed by Miller. The attorneys mention
in the motion that Miller wants to show “he is rehabilitated, is
not a threat to society, is extremely remorseful for his actions and is
adamant about making positive choices in his life both during his incarceration
and when released.”
Part of the support motion shows Miller’s low risk of reoffending,
as well as his history of good behavior while in prison. The motion includes
letters from family members, including Miller’s ex-mother-in-law
and ex-wife, showing support and discussing the change in Miller since
he began his sentence.
Miller’s release is expected to be challenged by prosecutor’s
at the hearing later this week. Regardless of if he is released early
or serves his full sentence, Miller must register as a Tier III sex offender
every 90 days for the rest of his life.
To learn more about this case,
call Koffel Brininger Nesbitt today.