Accused killer's court hearing to be kept open

Flathead District Judge Stewart Stadler has ruled that a hearing to decide whether an accused double murderer’s confessions will be admissible during his trial will be open to the public.

Tyler Miller’s attorneys had argued that evidence expected to be presented at the July 8 hearing could threaten his right to a fair trial if the information is disseminated to the public by the media.

Miller, 35, allegedly confessed shortly after his arrest to the Christmas Day shooting deaths of his ex-girlfriend Jaimi Hurlbert and her 15-year-old daughter Alyssa Burkett.

The Flathead County Attorney’s Office is seeking the death penalty for the two counts of deliberate homicide, basing their decision partly on the remorseless confessions Miller allegedly made to Sheriff’s Office detectives and jail staffers.

Miller’s attorneys have argued in court filings that Miller was high on methamphetamine at the time of his initial confession, rendering the statement and subsequent confessions inadmissible.

In a short, three-page ruling filed Tuesday after a June 17 hearing on the matter, Stadler wrote that Miller’s attorneys failed to show that a clear and present danger would be created by the evidence suppression hearing being held publicly.

“There simply was no showing that allowing the media to be present at the suppression hearing or access to the court records constitutes any danger to defendant’s right to a fair trial,” Stadler wrote. “Further, there was no discussion by either party as to the public’s right to know. Where the evidence fails to support a finding that a clear and present danger exists, the court does not look to any less restrictive alternatives.”

The County Attorney’s Office opposed Miller’s motion to close the July 8 hearing and noted in filings that the evidence that will be presented at the hearing already has been released.

Prosecutors filed partial transcripts of Miller’s interviews with law enforcement to support its pursuit of the death penalty.

Miller, whose last name formerly was Cheetham, remains in the Flathead County Detention Center without bail.

A trial is tentatively scheduled to begin in November.

Reporter Eric Schwartz may be reached at 758-4441 or by email at eschwartz@dailyinterlake.com.