A public defender for an Upper Valley man held without bail for nearly four years awaiting trial on child sex abuse and child sex abuse material charges is seeking to withdraw from the case.
It is the second time in two months a lawyer for the man has asked the court to be taken off the case.
Sandra Nelson, a veteran Norwich defense attorney, was appointed by the court on Aug. 18 to take over as Wayne Miller’s defense attorney, according to the docket’s case summary.
Now Nelson is seeking to bow out, citing “harassing” communications originating from Miller and forwarded through a “third-party” that have made her concerned for her safety, according to court documents.
Nelson’s request is likely to create further delays in Miller’s case, one of Windsor County’s longest-running ongoing criminal prosecutions.
Miller, once lauded for overcoming a troubled youth to become a mentor for at-risk kids and teens, was first charged with sex abuse against a minor and possession of child sexual abuse material in late 2021.
In the four years since, a trial for Miller has been set no fewer than five times, only to be rescheduled repeatedly as Miller’s defense attorneys and prosecutors in the State Attorney General’s Office wrestled over numerous pretrial motions.
Earlier this year, the fourth trial date was canceled after the court agreed that Miller was unable to “participate effectively” in his defense because prison officials had cut off his access to prescription medications.
A few months later in July, Windsor County Superior Court Judge Heather Gray denied a motion by Miller’s defense team for an interlocutory appeal to the Vermont Supreme Court to rule on a point of law and declared Miller’s case “trial ready.”
Miller’s trial date was scheduled to begin Sept. 22 but was canceled after his prior defense attorneys, citing an “irreparable breakdown” in relations with their client, withdrew from the case in early August.
Following a court status conference on Sept. 29, Judge Elizabeth Mann — the third judge to preside over the case since 2021 — entered a note in the case docket pointing out the case’s long history of pretrial “litigation.”
Acknowledging that the newly appointed Nelson had “substantial discovery” to review, Mann wrote that Miller’s new defense lawyer would require “additional time … to become familiar with the case and engage with Mr. Miller.”
But now less than a month later, Nelson has asked to be taken off the case.
“Counsel has received repeated and escalating intrusive and harassing communications” from Miller “through individuals associated with the defendant” that has caused Nelson to have “growing concerns for (my) professional safety,” according to a motion to withdraw as counsel filed in Windsor County Superior Court last.
The motion does not offer any information about the identity of the “third-party” but it makes clear that the messages are unwelcome and alarming, according to the court document.
“The frequency and nature of these third-party communications have been deeply disturbing to counsel and have materially interfered with her ability to carry out her professional obligations,” Nelson wrote, referring to herself in the third person.
Nelson further said she “believes continued representation presents a significant risk that her personal interests will materially limit her ability to represent client.”
As if to underscore the seriousness of her motion, Nelson is asking the court to grant her motion “without a hearing.”
“Further discussion in open court would not be productive and could potentially compromise safety and confidentiality concerns,” Nelson wrote.
Given the substantial work that had already been prepared in Miller’s case by his prior attorneys, Nelson said her withdrawal should not hinder his defense.
“The case appears procedurally ready for trial or plea negotiations,” Nelson wrote in an echo of Judge Gray’s statement in July.
As of Friday afternoon, Nelson’s motion remained pending before Judge Mann.
Nelson did not return messages seeking comment on Friday.