JEFFERSONVILLE, Ind. — Clark County Councilor John Miller renewed his push to get his case dismissed Friday.
Miller is charged with "conflict of interest" for approving funding for New Chapel EMS six times since 2021, while at the same time receiving gifts from Jamey Noel, New Chapel EMS' CEO and fire chief at the time.
Miller's lawyers filed a motion to dismiss on Sept. 12 but didn't have a chance to argue before Judge Larry Medlock until Friday.
Miller was a close friend to Jamey Noel for many years; he worked and volunteered at New Chapel EMS before he became a councilor, and evidence in both Noel and Miller's case has shown Noel bought Miller many luxuries since 2018.
According to court documents, Noel bought Miller a trip to Nicaragua in 2018 for $1,500, a trip to Cuba in 2023 for $938, group tickets to a George Strait concert for $4,423 and 20-25 meals every year. All of the flights, concert tickets and some of the meals were bought with New Chapel EMS funds.
"Indiana is one of about 2-3 states where jurors decide the law and the facts," Special Prosecutor Ric Hertel said about why the case should not be dismissed, and allowed to continue to trial.
Miller's lawyer Bart Betteau didn't dispute any of the alleged gifts Noel gave to Miller; he said even if they did occur, it wouldn't constitute a break of the conflict of interest law.
Betteau pointed out the law very clearly says a public official is guilty if they benefit "from a contract" and these gifts or the promise of gifts was not in the contract.
"There's nothing in there that says Miller received an increase in income or net worth," Betteau said. "Everything that happened was outside of the contract."
Betteau cited a case where a public official approved a contract where they gave themselves a job, and that clearly does break the law.
Hertel said it's his interpretation that gifts, free travel, free meals does increase a person's income, because then they don't have to pay for the items themselves.
"Going to concerts and travel, all of those things, that's a profit," Hertel said.
The state has said Noel encouraged Miller to run for county council, and Medlock asked Betteau if he ever stopped to consider why that is.
"They're great friends...Jamey wants him on the council...why's he want him on the council? And the other question is, if they're great friends, and he's receiving all these benefits, and everybody believes he's in charge of these organizations, why didn't your client file a disclosure statement? A conflict of interest statement for any of those years," Medlock asked Betteau.
After the hearing, Betteau balked at any idea that Noel asked Miller to be on the council so he could abuse his elected powers.
"I mean it's just fantasy that any evidence would come to light that Noel handpicked him so that he would forget about his responsibilities --fiduciary responsibilities..." Betteau said.
Miller is also a Clarksville Police officer who's currently on unpaid leave from the department. The attorney for the Clark County Council, Maxwell McCrite, has not responded to WHAS11's question if there's any plans to remove Miller or place him on leave.
Betteau asked for a few more days to file additional briefs based on what happened in court Friday; Medlock is giving him until next Thursday.
Miller's lawyers also made oral arguments for their request to change the trial to another county on Friday. That ruling will also be forthcoming.