Vernon: Court grants appeal amendment
Fayette County District Attorney Nancy D. Vernon said Monday that a request to amend an appeal brief to include a statement accidentally omitted was granted by the state Superior Court. In the case, Vernon is pursuing an appeal to a decision by Judge Gerald R. Solomon that dismissed the most serious offense against Donald E. Miller, a Fayette City man accused of seriously injuring an off-duty state police trooper in June 2000. Miller was charged with aggravated assault while driving under the influence of alcohol (DUI) because he allegedly turned in front of Jeffrey Jones’ motorcycle while driving with a blood-alcohol content of .119 percent.
Motorists in Pennsylvania are considered legally intoxicated with a BAC of .10 or higher.
“The commonwealth has taken all steps to effectuate this appeal,” said Vernon, noting that the case was proceedings normally with no prejudice to prosecutors.
Miller’s attorney, Samuel Davis, successfully argued that there was not enough evidence to sustain that charge, and Solomon dismissed it. However, at the urging of Jones’ parents, Vernon filed an appeal of Solomon’s decision, arguing that there was enough evidence to support that charge.
When Vernon filed her court-ordered brief on the appeal belatedly, Davis first filed to have the appeal thrown out.
The Superior Court, however, granted her leave to file the brief late.
Davis filed his brief, responding to Vernon’s points of appeal, but in his, included a second request that the appeal be thrown out because Vernon failed to file a document.
In response, Vernon filed the document and asked the state Superior Court to allow her leave to amend the original brief.
In an order she received Friday, Vernon was informed that her request to include that document was allowed.
Vernon said the omitted paperwork amounted to a one-paragraph sheet that was a part of the table of contents.
“I find it most interesting that defense counsel keeps contacting the media about complaints of the commonwealth,” said Vernon. “Issues go on in all cases. Why does it create such attention in this case?”
But the attention, said Davis, was spawned by Vernon to begin with.
“This certainly seems to me that it is the pot calling the kettle black. The DA first started this case by overcharging my client, indicating that the only reason they have appealed is because of the victim’s family and repeatedly having press conferences about this case,” said Davis.
He also said that he does not intend to try the case in the media, noting that final decision on the matter is in the hands of 12 jurors.
“I think it’s inappropriate for the commonwealth to criticize our actions when they brought the media attention to the case to begin with,” Davis said.
From this point, the Superior Court could take several months to decide the appeal.
Meanwhile, Miller is still awaiting charges on DUI, accidents involving death or personal injury and other lesser offenses.