Mental issues raised for accused double murderer Miller

Attorneys for accused double murderer Tyler Miller raised competency issues Friday, delaying a hearing that was scheduled to determine whether Miller’s confessions will be admissible at trial.

Miller is accused of the shooting deaths of his ex-girlfriend and her teenage daughter on Christmas Day 2010.

During a brief hearing in Flathead District Court Thursday afternoon, Miller voiced his discontent about medications provided by the Flathead County Detention Center’s physician.

Forensic psychiatrist William Stratford, who has been retained by Miller’s defense, and a physician at the jail had come to an agreement on medication for Miller by Friday afternoon.

District Judge Stewart Stadler ordered that Stratford submit a psychological report prior to a competency hearing being scheduled.

Under state law, prosecutors will be able to have Miller evaluated by a mental health professional of their choosing if they disagree with Stratford’s conclusion. If the defense and prosecution disagree on Miller’s competency at that point, a hearing will be held.

His attorneys filed a request to stay proceedings in the case late Thursday, citing the findings of mental health professionals who evaluated Miller in the months following the murders.

Miller was arrested on Christmas Day hours after he allegedly shot and killed 35-year-old Jaimi Hurlbert and her 15-year-old daughter Alyssa Burkett in the driveway of his mother’s home west of Kalispell.

His attorneys — Noel Larrivee and Ed Sheehy — have said Miller was high on methamphetamine when he allegedly admitted to the murders during questioning by Flathead County Sheriff’s Office detectives and that the confessions should not be considered.

The County Attorney’s Office is seeking the death penalty partly based on Miller’s confessions to the premeditated murders — killings for which he was unapologetic following his arrest.

Miller’s motion to stay the proceedings included excerpts from a report by Richard Wood, who was retained by the defense to compile information on Miller’s background.

Wood cited “a long history of family instability, early diagnosis of attention deficit disorder with hyperactivity, and an almost complete failure on the part of both juvenile and adult institutions to treat his previously diagnosed problems.”

“He has a very long history of substance abuse going back to age 11, yet he was never placed in a long-term residential drug treatment program,” Wood wrote. “While in prison, Tyler was diagnosed as suffering from depression yet the institution’s psychiatric staff made little effort to treat him despite the fact that he was constantly asking for help.”

Miller, who had his last name changed from Cheetham, has criminal convictions dating back to a charge of burglary in 1994. He also has been convicted of theft, possession of dangerous drugs, criminal mischief and escape.

An assessment by neuro-psychologist Christa Smelko conducted March 19 at the request of Miller’s attorneys also was included. She theorized that Miller’s decision-making abilities were hampered by his childhood development, a psychiatric disorder, methamphetamine use and “potential alcohol exposure in utero.”

“Mr. Miller’s psychiatric disorder was unmanaged and he was using methamphetamine on a daily basis,” she wrote. “Individuals interacting with him noted deterioration in his functioning including isolating, withdrawal, emotional volatility, and significant loss of weight. Further, there appeared to be evidence of distortions in his reality, such as suspicion and fixating on aspects of his interpersonal life, appearing to be rigid in his thoughts and consideration of alternatives.”

Smelko added: “The culmination of these factors would severely limit his capacity to conform his behavior to the requirement of the law, despite his ability to appreciate the criminality of his alleged acts.”

Smelko’s report noted that Miller has at least two documented suicide attempts. She suggested that he would benefit from psychopharmaceuticals such as a mood stabilizer, according to court documents.

“There are significant indications of ongoing suicidal ideation and assertions that ultimately he will kill himself based on his circumstances and feeling this would be the only way out,” she wrote.

A third report — authored by Stratford —  also was submitted, though its contents are not open to the public. In the motion to stay the proceedings, Larrivvee wrote that Stratford had concluded that Miller should be medicated.

Miller remains in the Flathead Adult Detention Center without bail.

His trial is tentatively scheduled to begin in November.