Categorized | National News

Teen Has To Wait For Bail Application

The teen who was arraigned last year for the murder of an elderly woman during Hurricane Sandy was in the Supreme Court Wednesday trying to get bail.

Nineteen-year old Omar Miller appeared in the Supreme Court Wednesday morning before Justice Bernard Turner all in an attempt to get bail.

Miller was arraigned for the murder of 76-year-old Viola Mae Sands.

Sands was killed on October 25 during the passage of Hurricane Sandy as she lay in her bed watching television at her Bain Town residence.

The 19-year-old was also arraigned for possession of an unlicensed firearm and possession of ammunition.

Miller will have to wait a week before seeing if he gets bail as the judge told his attorney, Shivron Gay that he would not be able to make a determination in the matter because there were too many mistakes in his affidavit.

One of those mistakes was that in the affidavit, it stated that Miller’s date of birth was May 1973 which the judge said “couldn’t be correct.”

The attorney then told the judge that no trial date had been set even though a voluntary bill of indictment had been served.

Mr. Gay told Justice Turner that the real merit in his argument was that the only evidence linking his client to the crime was a confession.

He said there were no fingerprints nor DNA evidence.

Mr. Gay said the sole evidence the prosecution would rely on would be a confession.

He also said his client was beaten, his right hand was dislocated and his head was swollen.

The evidence of that, the attorney said was in a statement from Dr. Carolyn Garraway from the Princess Margaret Hospital however, the judge stopped the attorney there because he said he did not see that information in the affidavit.

He then instructed Mr. Gay to file a supplemental affidavit.

The matter has been adjourned to July 3 at 1:00 p.m.

Miller will remain in custody until that time.

Sasha Lightbourne

Written by Sasha Lightbourne

Journal Staff Writer

One Response to “Teen Has To Wait For Bail Application”

  1. Legal Eagle9 says:

    The only correction that I have with this article is the statement that “bail was not granted as there were two many mistakes with his affidavit”. There was only one mistake which was the date of birth. The judge clearly did not wish to accede to a bail application that was very strong and showed police brutality and a confession only case because of the media attention that the case attracted. There was no independent corroborative evidence whatsoever. Given that fact and the presumption of innocence the only correct decision would have been to grant bail. This is a clear case of judicial cowardice.

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