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State v. Miller9/30/2005
{ } Appellant, Michelle Miller ("Miller"), appeals her conviction in the Trumbull County Court of Common Pleas for one count of bribery, in violation of R.C. 2921.02(B) and (E).
{ } On September 26, 2003, Miller was indicted on one count of bribery, a felony of the third degree, and one count of complicity to escape, a felony of the second degree. The state dismissed count two of the indictment, and the charge of bribery proceeded to a jury trial beginning on May 24, 2004.
{ } Miller served as a corrections officer with the Trumbull County Jail in Warren, Ohio, from 1996 until she resigned her position on September 13, 2003. Due to her seniority in the jail facility, Miller worked weekend shifts as an assistant warden, supervising correction officers. In 2002, a federal inmate named Alex Martin ("Martin"), was lodged in the Trumbull County Jail awaiting trial on federal charges of conspiracy to trafficking eleven kilograms of cocaine. Martin contacted the Youngstown Office of Drug Enforcement Administration regarding some of his observations within the Trumbull County Jail. The matter was referred to the FBI. Martin told FBI agent Wallace Sines ("Sines") that certain Trumbull County corrections officers supplied inmates with contraband, arranged conjugal visits, and had formulated a plan with Martin for his escape from the facility. Martin named Miller and Officer Michael Battee ("Battee"), as participants in these activities.
{ } At trial, Martin testified that Battee and Miller arranged a conjugal visit between himself and his wife for $1,200 during the weekend when Miller would be working as assistant warden. Battee testified that the going rate for these sorts of visits was up to $1,300. Battee further acknowledged that he was paid in cash by Martin's cousin, Courtney Hubbard ("Hubbard"), for the purchase and delivery of food, magazines, and books. Martin then began to negotiate with Battee to plan his escape from the jail. Battee sought out the assistance of Miller to facilitate the escape plan. Battee testified that Miller agreed to " * do the paperwork, * falsify information so it could look like it had been an accident that he got let out of jail."
{ } Martin commented to Miller that his friend owned a jewelry store in Sharon, Pennsylvania. Martin testified that as a good faith deposit on the $20,000 he was going to pay for the escape, he told Miller to go to his friend's jewelry shop and pick out something she liked. Martin then contacted the jeweler and instructed him to give Miller any jewelry that she chose, up to a price of $300.
{ } Miller went to the jewelry store and picked out a bracelet priced at $250. She did not pay for the bracelet, and signed the name of "Candy Daniels" on the receipt for the bracelet. Further, the jeweler wrote the name "Alex Martin" on the receipt and was never paid for the bracelet.
{ } Miller testified at trial and denied taking anything of value from Martin for favors. She testified that the bracelet was a gift from Martin in appreciation for calling his wife on his behalf. Miller stated that she did not notice that the bracelet receipt had the name of "Alex Martin" written on it, until she returned home from the jewelry store. Miller denied arranging conjugal visits for Martin and testified that she asked her boyfriend to pay for the bracelet upon his return from New York.
{ } Battee then arranged to meet with Hubbard, and Hubbard was prepared to give Battee the sum of $5,000 as a down payment for Martin's escape. However, citing "bad vibes," Battee decided not to go through with the meeting,
{ } The jury found Miller guilty on the one count of bribery. On
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