April 28, 2022 at 3:07 p.m.
Prosecutor expresses concern over defendant in Miller homicide case not taking medication
Wakefield still on track for September jury trial
Prosecutor expresses concern over defendant in Miller homicide case not taking medication
According to Oneida County district attorney Mike Schiek, officials at the Oneida County jail have advised that Seth Wakefield is not taking his medication.
Wakefield is charged with first-degree intentional homicide (as party to the crime) in the death of 26-year-old Hannah Miller on a roadside in the Town of Pelican June 30. He appeared in Oneida County Circuit Court Tuesday morning, via video, for a status conference at which time Schiek advised circuit judge Patrick O'Melia that there is no agreement between his office and Wakefield at this time and competency may again become an issue because the defendant is not taking his medication.
"Your Honor, at this time we do not have any resolution. The matter is currently set for a jury trial in September. I would ask for another court date, maybe in June, just to keep this on track," he said, noting that Wakefield's co-defendant, Christopher Terrell Anderson, is due in court in May for a motion hearing before circuit judge Mike Bloom. "Another issue that just came up just this morning is the jail called indicating he is not taking his medications. I don't know if I have reason to bring up whether or not he's competent. As the court recalls, we had two prior evaluations (in late summer and fall of 2021) each of which indicated he was competent."
Schiek went on to note that public defender Breanna Magallones had advised him she intends to meet with Wakefield next week and will report back as to his condition.
When O'Melia inquired of Magallones, she replied that she expects to see Wakefield on Monday or Tuesday (May 2 or 3) and would send the court an email if his condition has deteriorated to the point where competency is again an issue.
To be found competent, a defendant must have the mental capacity to understand the proceedings and be able to assist in his or her own defense.
No indication was made during Tuesday's hearing as to the type of medication involved, most likely due to the constraints of medical privacy laws.
O'Melia advised Magallones to reach out promptly if another hearing is necessary. He also indicated that a defendant cannot cause himself to be incompetent to stand trial by refusing to take medication. He did not ask Magallones, who was participating in the hearing via Zoom, whether she could meet with Wakefield any earlier than Monday or Tuesday.
"Well, not much can be done until somebody meets with him or talks with him to see what his condition is," the judge said. "I'm a little concerned about self-imposed incompetency by not taking medication. That's not sustainable. The court could order that it (the medication) be involuntarily given, if need be. So, if he's doing this on purpose, it's not going to turn out the way he thinks it's going to turn out."
O'Melia then set another status conference for 11:30 a.m. June 27.
According to a criminal complaint filed July 6, 2021, Wakefield is alleged to have assisted Anderson with the planning of the homicide. Among other things, the complaint alleges Wakefield rented a U-Haul to conduct surveillance of Miller and her relatives. When asked why he did not contact law enforcement to report Anderson's plans and activities, Wakefield allegedly told investigators he didn't think it was any of his business and that he was expecting some sort of compensation in exchange for providing assistance.
Anderson was charged with first-degree intentional homicide after police responded to River Bend Road on the morning of June 30 after receiving a 911 call reporting a female, later identified as Miller, lying on the side of the road.
"It was apparent that she was deceased from a gunshot wound or wounds," sheriff Grady Hartman later reported.
According to the complaint, a couple traveling toward Rhinelander discovered Miller's body.
In an interview with police, Miller's mother reported that Miller and Anderson had been in a dating relationship for approximately four years and were the parents of a young child. She indicated that the couple moved to the Rhinelander area in the spring of 2020 and broke up in early June. She also reported that her daughter had expressed concern for her safety.
Anderson, 31, was at large for nearly 70 days before being taken into custody Sept. 7 in DuPage County, Ill. He is being held in the county jail on a $1 million cash bond.
Wakefield is being held on a $250,000 cash bond.
Both men have pleaded not guilty.
The May 19 hearing in Anderson's case concerns a motion filed by the defense seeking suppression of the motorists' identification of Anderson as the Black man seen with Miller on the roadside that morning.
According to the complaint, the motorists were headed from Pelican toward Rhinelander when they realized they forgot something at their residence and decided to turn around. While traveling back toward their residence, the couple saw a Black male and a white female "standing in or near the ditch line" on River Bend Road near a small white SUV. After retrieving the forgotten item, the couple headed back toward Rhinelander at which point they passed the same location where they saw the man and woman. However, "the small white SUV and black male were gone and the female was lying in the ditch line," the complaint states.
The female motorist was later shown one photo of Anderson, the same image that was posted on the sheriff's department Facebook page and disseminated to the media, before identifying him as the man she saw on the side of the road that morning.
In the motion to suppress, defense attorney Scott Anderson (no relation to the defendant) argued the procedure used by the sheriff's department was "impermissibly suggestive."
"Here, neither of the (motorists) ever describes the man seen on the side of the road beyond that he was Black and what clothing he was wearing," Anderson wrote. "(The female motorist) later says she 'locked' eyes with the man and seeing online a Facebook-posted photograph of Anderson, placed by the Oneida County Sheriff's Office with a description of the fact that he is a person of interest in that day's death of Hannah Miller, she was 'certain' that was the same man. Instead of showing a photo array to (the motorist), however, (sheriff's captain Terri) Hook shows her the same Facebook photo of Anderson placed online earlier, and she says it is the same man she saw at the scene."
In a written response to the motion, Schiek cited several other cases involving identifications made after a law enforcement agency had released an image of a suspect or person of interest to the media.
"These cases make clear that courts will not conclude that 'improper police conduct' influenced a witness's out-of-court identification when police merely release a photograph of the defendant to the media as part of an on-going investigation," Schiek argued. "Like the cases set forth above, it is the State's argument that in this case, there was no police action, there was no impermissibly suggestive procedure..."
During Wakefield's appearance Tuesday, Schiek indicated to the court that the outcome of the motion hearing in Anderson's case might "drive" the ultimate outcome of Wakefield's case.
The River News reached out to sheriff Grady Hartman Tuesday for more information regarding Wakefield's condition. The sheriff explained that he is prohibited from commenting on the medication issue but noted Wakefield is receiving the same services that all inmates receive.
"Our medical and mental health workers are monitoring the situation," he said.
Wakefield is scheduled to face a jury Sept. 6-9; Anderson's trial is set for Aug. 15-23.
Both men face life in prison if convicted.
Heather Schaefer may be reached at [email protected].
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