A 56-year-old Lawrence man convicted in a retrial last month of first-degree murder in the 2004 death of his wife was sentenced to 25 years to life in prison Wednesday, nearly a decade after the same judge issued the same sentence.

Martin Miller shakes hands with his attorney Richard Ney after receiving a life sentence without the possibility of parole for the July 2004 murder of his wife, Mary Miller.

Douglas County District Judge Paula Martin for the second time sentenced Martin K. Miller to life in prison without the possibility of parole for 25 years on Wednesday. Jurors on April 8 decided Miller killed his wife, Mary Miller, 46, at the family’s central Lawrence home more than 10 years ago.

Miller was convicted of the charge during his first trial in 2005, as well, but the Kansas Supreme Court ruled in February 2014 that he should get a new trial based on an erroneous jury instruction that Martin gave.

Prosecutor Mark Simpson had argued during the retrial that Miller strangled his wife in her sleep sometime before 6 a.m. July 28, 2004. Simpson said that evidence of the defendant’s unhappiness in his marriage and his desire to be with his mistress gave Miller the motive to kill Mary Miller.

Miller’s attorney, Richard Ney, said jurors could not consider motive to decide whether Mary Miller’s death was a homicide.

Ney contended that his client did not kill Mary Miller because she died of natural causes. Ney presented two expert witnesses who testified she could have died by a seizure, heart attack or anaphylactic shock. Autopsy results revealed Mary Miller had no external bruises on her body at the time of her death.

However, Douglas County Coroner Erik Mitchell, who conducted the autopsy, testified that bruising on the inside of Mary Miller’s neck and scalp, and edema foam seeping from her nostril and petechiae inside her eyelids were “consistent with strangulation.”

Ney on Wednesday argued that Miller should be acquitted because Mitchell, in determining the manner of death, testified that he used police information about Miller denying being in the room when Mary Miller died.

“We think the jury was submitted evidence that did not support a conviction,” Ney said.

Ultimately, Martin denied the motion for acquittal, upholding the jury’s decision.

Ney also argued for another retrial because “the court erred in not allowing a change of venue” in the case. Ney said that despite three days of tedious, individual jury selection, “a member or members of the jury knew the defendant was previously convicted,” which unfairly prejudiced the jury.

Ney argued the prejudice was evidenced by the relatively short amount of time — about five hours — the jury took to convict Miller the second time. Ney said that jurors on the first case, which he “humbly argue(d) was a weaker case,” took more time to render a verdict. However, Martin denied his request.

“That’s purely speculation,” Martin said. “You just don’t know what’s going on in that jury room.”

Ney also argued for a retrial based on Martin’s decisions to overrule several of Ney’s objections to the state’s closing arguments. Martin denied that request, as well.

Before Martin handed down Miller’s 25-to-life sentence, she asked Miller if he would like to make a statement. Miller declined the opportunity, and Martin quietly read a written statement Miller’s daughter gave to the prosecution in support of a strong sentence. At Ney’s request, the statement was not read aloud in court.

As Martin announced Miller’s sentence, Miller sat stoically in his jail-issued gray T-shirt and red sweatpants, which designate him a “maximum security” inmate at the Douglas County Jail. His current wife, Laura Cuthberson Miller, sat praying behind him.

Martin said Miller has a credit of 3,269 days — or nearly nine years — served in custody. That means he will be eligible for parole in 2031, when he will be 73 years old.

Ney told Martin he will be filing a notice to appeal the case to the Kansas Court of Appeals within the next 14 days, as statute provides. He said he will also ask for the court to appoint an appellate defender to take on that case.

Miller remains in the Douglas County Jail until he can be transferred to a prison. If he ever is released, he will be required to register as a violent offender for the rest of his life.