By Sue LindsayDenver Rocky Mountain News Staff Writer
A Jefferson County judge Friday refused to disqualify the prosecutor from the case of a man indicted in the attempted sale of the JonBenet Ramsey ransom note. Lawyers for former lawyer Thomas Miller wanted prosecutor Dennis Hall thrown off the case because he reported Miller for calling CBI agents "a bunch of f------ Nazis" and giving Hall the Nazi salute after court hearings in December. Hall filed a complaint for ethics violations against Miller with the Supreme Court Disciplinary Counsel. Miller put his license to practice law on inactive status in 1998 for health reasons. Defense attorney Gary Lozow argued that Hall's actions were improper for a prosecuting attorney to take against a defendant in the middle of an ongoing criminal case. Retired Colorado Supreme Court Justice George Lohr, who heard the case as a senior judge, concluded that Hall didn't have a duty to report Miller's conduct and should have waited until the criminal case was concluded. But Hall did so in good faith and not out of personal animosity toward Miller, Lohr said. Miller is indicted with commercial bribery for allegedly serving as the middleman in an attempt to purchase the Ramsey ransom note on behalf of a supermarket weekly. Lozow argued that Hall has demonstrated an improper personal prejudice against Miller throughout the case, but Lohr said Hall is just "zealously prosecuting this case for proper professional reasons." The judge concluded the Jefferson County district attorney didn't need to be removed from the case. "Miller is not acting as a lawyer in this case, and Hall's report in no way chills the action of his counsel in presenting a vigorous defense." Hall said he believed he had to report Miller's conduct because he "was following a path of escalating attacks and escalating responses to authority that needed to be stopped before they got any worse. It appeared to me that Mr. Miller was in danger of losing control of his emotions." Hall also said he believed the conduct expected of Miller as a lawyer "was different than that expected of a common criminal." March 4, 2000
A Jefferson County judge Friday refused to disqualify the prosecutor from the case of a man indicted in the attempted sale of the JonBenet Ramsey ransom note.
Lawyers for former lawyer Thomas Miller wanted prosecutor Dennis Hall thrown off the case because he reported Miller for calling CBI agents "a bunch of f------ Nazis" and giving Hall the Nazi salute after court hearings in December.
Hall filed a complaint for ethics violations against Miller with the Supreme Court Disciplinary Counsel. Miller put his license to practice law on inactive status in 1998 for health reasons.
Defense attorney Gary Lozow argued that Hall's actions were improper for a prosecuting attorney to take against a defendant in the middle of an ongoing criminal case.
Retired Colorado Supreme Court Justice George Lohr, who heard the case as a senior judge, concluded that Hall didn't have a duty to report Miller's conduct and should have waited until the criminal case was concluded. But Hall did so in good faith and not out of personal animosity toward Miller, Lohr said.
Miller is indicted with commercial bribery for allegedly serving as the middleman in an attempt to purchase the Ramsey ransom note on behalf of a supermarket weekly.
Lozow argued that Hall has demonstrated an improper personal prejudice against Miller throughout the case, but Lohr said Hall is just "zealously prosecuting this case for proper professional reasons."
The judge concluded the Jefferson County district attorney didn't need to be removed from the case.
"Miller is not acting as a lawyer in this case, and Hall's report in no way chills the action of his counsel in presenting a vigorous defense."
Hall said he believed he had to report Miller's conduct because he "was following a path of escalating attacks and escalating responses to authority that needed to be stopped before they got any worse. It appeared to me that Mr. Miller was in danger of losing control of his emotions."
Hall also said he believed the conduct expected of Miller as a lawyer "was different than that expected of a common criminal."
March 4, 2000