Charges upheld in clout case tied to embattled McHenry Co. judge
A felony charge was upheld Tuesday against a politically connected Cary man whose case has landed a McHenry County judge in deep trouble with state authorities.
Siding with prosecutors, Judge Michael Feetterer ruled the McHenry County State's Attorney could go forward with the charge of obstruction of justice against David W. Miller, a truck driver accused of fleeing from police and dumping a load of gravel to prevent it from being weighed.
"We were always confident with the charge, and the judge's decision is consistent with the law," State's Attorney Louis Bianchi said.
Miller, 51, is charged with the Class 4 felony along with misdemeanor reckless driving and several traffic and petty offenses stemming from a June 16, 2007, traffic stop in Cary.
Police said Miller, the brother of Algonquin Township Road Commissioner Bob Miller, was driving a truck filled with gravel when a police officer pulled him over and asked him to report to a weigh station to determine if the vehicle was carrying too heavy a load.
Instead, police said, Miller sped away, drove the truck to a gravel road and dumped his load, making it impossible for authorities to determine how much gravel he was transporting.
Miller's defense asked Feetterer last week to dismiss the felony charge because its allegations are the same as the petty offense of failing to stop for a weigh. Under state law, the defense argued, a person must face the least serious offense when two or more charges fit the alleged crime.
In Miller's case, defense attorney Rebecca Lee said, should be facing a maximum $2,000 fine on a petty offense instead of one to three years in prison on a felony.
"Obviously we're disappointed with the decision because it allows the state, by charging a felony and petty offenses, to circumvent the legislative intent," Lee said.
Miller's case gained notoriety last year when it was learned that he got out of jail early after his arrest when McHenry County Judge Michael Chmiel, a friend and political ally of Bob Miller, convened a special Saturday afternoon court hearing to set his bond.
Because of the timing of the arrest on a late Saturday morning, Miller normally would have had to sit in the McHenry County jail without bond at least until court returned to session the following Monday morning. But Judicial Inquiry Board has asserted that Chmiel agreed to hold a Saturday afternoon court session at Bob Miller's request so that David Miller was able to post bond and go free more than 36 hours earlier than he would have been without the judge's intervention.
David Miller was the only defendant to appear before Chmiel that afternoon.
Earlier this year, the inquiry board filed a formal complaint against Chmiel, alleging he misused his authority and later lied about his actions when questioned by the board.
Chmiel has denied the allegations. If found guilty, he would face punishment ranging from censure to disbarment.
Kathy Twine, executive director of the Judicial Inquiry Board, said Tuesday no date has been scheduled for trial-like proceedings on the accusations against Chmiel.
<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=212591">No venue change for Cary truck driver <span class="date">[06/30/08]</span></a></li> <li><a href="/story/?id=171267">Judge recuses herself from Miller justice obsruction case <span class="date">[04/14/08]</span></a></li> <li><a href="/story/?id=155978">McHenry County judge formally denies claims that could disbar him <span class="date">[03/18/08]</span></a></li> <li><a href="/story/?id=141576">State: McHenry Co. judge improperly held court session to help friend <span class="date">[02/26/08]</span></a></li> </ul> </div> </div> </div>