June 29, 2022 at 3:20 p.m.
One year after Miller homicide, criminal cases remain unresolved
Wakefield trial to be rescheduled after new judge is appointed
One year after Miller homicide, criminal cases remain unresolved
Wakefield, 25, of Rhinelander, is charged with first degree intentional homicide (as party to the crime) for allegedly helping his friend, Christopher Terrell Anderson, plan the homicide.
According to a criminal complaint, Wakefield is alleged to have rented a U-Haul to conduct surveillance of Miller and her relatives, among other things. When asked why he did not contact law enforcement to report Anderson's alleged 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, 2021, 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 2021. 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.
Anderson is due back in court on July 15 for an evidentiary hearing on a defense motion seeking suppression of the motorists' identification of him 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 his 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," attorney 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..."
According to pretrial pleadings, the state intends to argue that Anderson was abusive toward Miller culminating in murder. Circuit judge Mike Bloom, who is presiding over Anderson's case, previously ruled his jury will hear testimony regarding text messages and cellphone notes where Miller allegedly documented abuse.
The state has referred to the text messages and notes as "a blueprint of how and why the defendant murdered the victim."
Anderson's trial is scheduled to start Aug. 15.
In court Monday, Schiek indicated he does not expect any further action on Wakefield's case until after Anderson's case is resolved.
"I don't anticipate any movement on this until Mr. Anderson's case is over," Schiek said. Complicating matters, he noted, is the upcoming retirement of circuit judge Patrick O'Melia who has been presiding over Wakefield's case.
O'Melia's last day on the bench is Aug. 1. The deadline for file an application to be appointed to the seat O'Melia is about to vacate has elapsed, but it's unclear when Gov. Tony Evers will announce the appointment.
During Monday's hearing, O'Melia noted that whoever the governor selects will have to also go through the judicial mentoring process before hearing cases.
Given those circumstances, the parties agreed to schedule a status conference for 8:30 a.m. Sept. 6.
"I'd rather have an appointed judge, not a substitute judge, listen to the motions and make rulings..." Schiek added.
Magallones indicated the defense is interested in a prompt rescheduling of the trial after the appointed judge is chosen. She noted that her client is being held on a high cash bail ($250,000) and there is a concern the case could "languish."
"It won't languish," O'Melia replied.
Both men face life in prison if convicted.
Heather Schaefer may be reached at [email protected].
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