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Court denies John Miller's motion to dismiss but approves change of venue

John Miller was a close friend of Jamey Noel, going on multiple trips and dinners with him, while at the same time voting on Noel's contracts.
Clark County Councilman John Miller says even if he did get gifts from Jamey Noel bought with nonprofit funds, it was not connected to his city council votes.

LOUISVILLE, Ky. — A former close friend of Jamey Noel who also voted on Noel's public contracts has had his motion to dismiss his case denied. The court has, however, granted a motion to move the case to a different county.

John L. Miller has served as a member of the Clark County Council since 2021. During that time, he voted to approve funding to New Chapel EMS several times. Noel ran New Chapel EMS for over a decade.

During the criminal investigation into Jamey Noel, it came out that he had bought trips to Cuba and Nicaragua for John Miller, as well as bought him dinner roughly 20 times per year. Noel paid for some of this using funds from Utica Township Volunteer Fire Fighters Association, which is the official business name for New Chapel.

Miller was charged with "conflict of interest" on Aug. 23, the same day Jamey Noel notified the court he intended to plead guilty

Miller's attorney Bart Betteau motioned to have this case dismissed because he said Miller didn't derive benefit directly from the contract he voted on. However, Judge Larry Medlock disagreed with that on Thursday.

"Based on the allegations and the statute and its interpretation, a jury could find that the defendant derived a profit from the contract indirectly, thereby constituting an offense, " Medlock wrote in his order. "This court cannot say, then, that as a matter of law the allegations fail to constitute an offense."

Medlock did approve Miller's motion to move the case out of Clark County. On Oct. 11, Betteau said he wanted the trial moved to either Allen or Monroe counties. Medlock's order said the court, "will select from a county agreed upon by the parties, so long as the county cooperates."

Medlock said the defense had proven there had been significant media coverage in the case. Miller also asked for his trial to be moved up sooner than Feb. 3, but Medlock denied ruling on that until a new county is picked. 

Feb. 3 is the same date that Brittney Ferree and Misty Noel are set to have their trials in Clark County. Kasey Noel had her motion for continuance approved on Thursday.

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