Martin Miller retrial: Coroner testifies about Mary Miller’s interior bruising, cause of death

Douglas County Coroner Erik Mitchell testified Monday that physiological signs and criminal investigation concerns led him to rule that Mary E. Miller died by homicide in 2004.

Mitchell was questioned during the fourth day of testimony in the retrial of Martin K. Miller, who is charged with first-degree murder in the July 28, 2004, death of his wife, Mary Miller, 46, at the family’s central Lawrence home. Mitchell conducted Mary Miller’s autopsy and concluded the death was a homicide by asphyxiation.

Mitchell testified Friday that an interior bruise on Mary Miller’s throat and dot-like hemorrhages underneath her eyelids indicated strangulation had occurred.

Martin Miller waits for the fifth day of his retrial to begin on Friday, April 3, 2015 in Judge Paula Martin's courtroom at the Douglas County Courthouse. Miller is charged with first-degree murder in the 2004 death of his wife, Mary Miller. Miller was awarded a new trial in 2014 because of an erroneous jury instruction.

Mitchell said Monday that there were not any bruises, scratches or lacerations on the exterior of Mary Miller’s body. Upon cross-examination by defense attorney Richard Ney, Mitchell said that even with his knowledge of anatomy he could not guarantee he could strangle someone without leaving a bruise.

Still, Mitchell said it is possible that interior bruising could occur without exterior bruising if one were to lay a pillow across the neck and apply pressure. Mitchell said that would take “sufficient enough pressure to stop blood flow to the brain.”

Miller’s children, Melodie Ozorkiewicz and Matthew Miller, testified last week that they heard their mother let out a muffled scream during the early-morning hours of the day she died. They also said they heard their father’s voice in the room comforting their mother.

Mitchell said he knew from law enforcement that Miller denied being in the room with Mary Miller the morning of her death and that Miller’s children said he was indeed in the room. This information paired with the physiological signs of petechiae and bruising led to his conclusion that Mary Miller died by homicide.

“I’ve got anatomic findings that are highly suspect, and I’ve got someone saying he was not there and in fact he was there,” Mitchell said.

Mitchell said the bruise or “streak of hemorrhage” inside Mary Miller’s neck was about three-quarters of an inch long. Mitchell described it as “highly unusual” and “dramatic” because “it’s an indication that something happened physically to cause it.”

“What I have evidence of is neck compression,” Mitchell said. “This stands out because it’s something that shouldn’t be there.”

There was also a second, much deeper red bruise inside Mary Miller’s neck. That one Mitchell said he caused during the examination. Mitchell said it was “not a mistake; it’s part of the (autopsy) procedure.”

Also at issue were the ocular petechiae, or dot-like hemorrhages, found beneath Mary Miller’s eyelids. Mitchell said they are a sign of asphyxia, but on Monday he said that they could also be caused by naturally occurring health issues such as seizures, heart attacks or even “coughing hard.”

Ney said last week that he would have experts testify that Mary Miller’s death was likely of natural causes, such as a stress-induced heart attack, seizure or anaphylactic shock.

On Monday afternoon, the state rested its case.

The defense’s first witnesses were acquaintances of Mary Miller who said she was under stress during the time leading up to her death.

Sally Nadvorik, a friend of Mary Miller’s, testified that in 2004 she told investigators that Mary Miller “worked very hard and always seemed to be under stress.”

Mary Miller worked as a librarian at Kansas University.

Former co-worker Channette Alexander also testified that Mary Miller was under “a constant level of stress” because of changes in her job, as well as personal issues.

Also testifying was Jonnie Finger, a teacher at Veritas Christian School, where Miller’s children were students and where Miller served as a board member. Finger testified that she told investigators 11 years ago that she “knew Mary had migraine headaches.” Ney argued last week that migraines are “key warning signs” of epilepsy.

Ney criticized Mitchell on Monday for not testing Mary Miller for the “90-some” herbal remedies found in the home that Mitchell had requested investigators confiscate for evidence. Last week during opening arguments, Ney said perhaps Mary Miller had an allergic reaction to one of the supplements.

Mitchell said that there was a routine toxicology report for “standard postmortem drugs and poisons.” However, Mitchell said he didn’t test her body for the herbal remedies nor did he test the contents of the remedies.

“With herbal compounds, we do not know what was there. There’s no lab that will detect everything,” Mitchell said. “There’s no association between these findings (the bruising and petechiae) and any compound.”

This is the second trial for Martin Miller. A Douglas County jury convicted Miller in 2005 of first-degree murder, but the Kansas Court of Appeals ruled in February 2014 that Miller should get a new trial based on an erroneous jury instruction.

Testimony will continue Tuesday, which District Judge Paula Martin said could be the final day of evidence. The trial was originally scheduled to last through Friday.

Reporter Caitlin Doornbos is tweeting from the courthouse during breaks. Follow her at www.twitter.com/CaitlinDoornbos.


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