GENESEE COUNTY (WJRT) -
(08/30/12) - She had been out of prison, free on bond, for three years hoping for a new trial.
Sharee Miller is now back behind bars.
It is the latest legal twist for the Genesee County woman convicted of plotting to murder her husband more than 12 years ago.
Miller's return to prison stems, in part, from a recent U.S. Supreme Court decision tied a key issue in her case - a suicide note.
"The U.S. Supreme Court has ruled the old law applies," says Miller's trial attorney David Nickola.
It is a complicated case, but it appears a ruling impacting suicide notes as evidence, does not apply in Miller's case.
"Sharee, unfortunately, under the old law, has been ordered to go back to prison while her appeal continues," Nickola says.
"In my opinion, justice has once again prevailed and Sharee Miller is where she belongs," says Genesee County Prosecutor David Leyton.
His office prosecuted Miller. The State Attorney General's Office is handling the appeal process in federal court.
Miller's internet lover Jerry Cassady left a suicide note implicating her in the 1999 murder of her husband Bruce Miller in Genesee County.
It was used as evidence during her trial. She was convicted of conspiring with Cassady to kill her husband.
That note has been the focus of Miller's legal fights throughout the years.
Her conviction was overturned, a new trial ordered and charges re-issued, but she had been free on bond for three years.
This latest twist sent her back to prison mid-August.
"Sharee's been a model citizen. She's had a job. She's done everything right," says Nickola. "The judge ordered her to go back during the appeal and she voluntarily went back."
Miller is still hoping for that new trial.
"I'm hopeful there won't be another trial. If it becomes necessary, we will be willing to proceed," Leyton says.
