The attorney of Martin K. Miller, convicted of killing his wife 10 years ago, argued Tuesday that evidence of Miller’s extramarital affair, use of pornography and siphoning of his children’s college savings accounts should not be admissible in his client’s March retrial.

Miller, 56, is a former Lawrence carpenter and Christian school leader who was convicted of first-degree murder in the July 28, 2004, death of Mary Miller, 46, at the family’s central Lawrence home. The state Supreme Court overturned Miller’s conviction last year based on an incorrect jury instruction.

Martin Miller is led away after being convicted of his wife's murder in Judge Paula Martin's courtroom.

In 2005, prosecutors argued that Miller, a carpenter, wanted his wife out of the way so he’d be free to pursue sexual relationships with other women and so he could collect more than $300,000 in life-insurance money. The state plans to reiterate that motive theory in the retrial, prosecutors said in court Tuesday.

At his first trial, Miller admitted to a pornography addiction, saying it led him to participate in an online adult-dating service and to his eventual extramarital affair with a Eudora woman that included role-playing, bondage, spanking and explicit photographs. Jurors saw six sexual photographs of Miller and his mistress and learned that law enforcement found about 6,000 pornographic images on Miller’s computer.

Prosecutors said Tuesday that in the retrial, they aim to have witnesses testify to the contents of the sexual material, but not to physically show the explicit images to jurors. They also plan to put Miller’s mistress, Carol Parbs Lester, on the stand.

Assistant Douglas County District Attorney Mark Simpson said it is crucial to show Miller’s sexual deviancy because it “showed how the defendant wanted to live and how he could live openly if his wife was gone.”

“It is highly relevant. He wanted his wife to be gone so that he wouldn’t have to go to great lengths to hide his actions,” Simpson said. “What did he want to do that he couldn’t do with his wife there?”

Miller’s attorney, Richard Ney, said the state’s theory “defies logic,” because Miller was already obviously capable of concealing his pornography collection and extramarital affairs.

“He had tons of (pornography). He was dating other women. They’re saying he killed his wife so he could do the things he was already doing,” Ney said. “Where does this stretch of logic stop?”

Ney said Tuesday that he does not plan to argue someone else killed Mary Miller, but that she died of natural causes. Ney said that Miller’s pornography and mistress’ testimony should not be admissible because jurors cannot find that a homicide occurred based on Miller’s sexual escapades.

“We aren’t saying this was an intruder,” Ney said. “If this is a homicide, then we will concede that the death was caused by Marty Miller. But we are not arguing this is a homicide.”

There were no bruises on the skin of Mary Miller’s neck, only in the muscles and cartilage inside the neck, according to the autopsy. Upon initial investigation, the coroner who went to the crime scene did not see anything that indicated foul play, the Journal-World reported in 2004.

“The state is using these matters to show it’s a homicide. They’re filling in the gap,” Ney said. “To say you can believe this is a homicide because he used pornography and fooled around is ludicrous.”

Ney said that the mistress’ 2005 testimony included sexual “habits, pet names and other women being involved.” Ney said that his client cannot be judged on whether he is likely to commit a murder based on the manner and frequency with which he had sex.

“We object to this testimony because the issue of motive and intent is not an issue,” Ney said. “This case is frankly over whether the jury decides it was a homicide.”

But Simpson said Ney’s stipulation that he wouldn’t offer an alternative homicide suspect was void, and that Miller’s sexual conduct was essential to the case.

“We have to prove intent and premeditation,” Simpson said. “(The mistress’ testimony) is one example of Miller leading a life in secret, so he killed his wife so he wouldn’t have to keep it a secret.”

The state also wants to present evidence that Miller tapped into his then-minor children’s bank account after Mary Miller’s death to purchase a computer, which was used to view more pornography and sign up for two online dating websites in the wake of his wife’s death, Simpson said. Law enforcement confiscated his previous computer for evidence.

“This shows the importance in his life to view pornography to the degree that he would take money out of his children’s savings account,” Simpson said.

He said the move also proved Miller had financial motive to kill his wife, because he was expecting “this large payout” of life insurance he needed, but would not receive.

Ney argued that the presentation of the bank records was “being used for character assassination” and was not indicative of financial strain; therefore, Ney said, it should not be admissible at trial.

Douglas County District Judge Paula Martin said she would take the matters under advisement and would contact the attorneys when she makes her decisions. Martin did not provide an estimate of when to expect her rulings.

Miller’s jury trial is scheduled to begin March 30. It is expected to last two weeks. Miller is free on a $250,000 bond.