Miller v. Angliker, 2704

• Decision Date: 02 July 1985
• Docket Number: No. 2704,2704
• Citation: 4 Conn.App. 406,494 A.2d 1226
• Court: Connecticut Court of Appeals
• Parties: Benjamin F. MILLER, Jr. v. Colin C.J. ANGLIKER, M.D., Director, Whiting Forensic Institute.

Page 1226

494 A.2d 1226

4 Conn.App. 406

Benjamin F. MILLER, Jr. v. Colin C.J. ANGLIKER, M.D., Director, Whiting Forensic Institute.

No. 2704.

Appellate Court of Connecticut.

Argued April 2, 1985.

Decided July 2, 1985.

John R. Williams, New Haven, for appellant (plaintiff).

Frederick W. Fawcett, Asst. State's Atty., with whom, on brief, was Donald A. Browne, State's Atty., for appellee (state).

Before DUPONT, C.P.J., and HULL and BORDEN, JJ.

HULL, Judge.

This is an appeal from the denial of Benjamin Miller, Jr.'s petition for a writ of habeas corpus which, if granted, would have released him from confinement at the Whiting Forensic Institute. We conclude that the trial court's denial of that petition was proper.

The court's meticulous and comprehensive findings of fact need only be summarized here. On March 17, 1972, Benjamin Miller, Jr., was arrested after an investigation of nearly five years duration into the murders of five black prostitutes. All were found strangled in a wooded area off the Merritt Parkway, near River Bank Road in Stamford. The first victim, Rosell Rush, was found on August 4, 1967. Thereafter, the bodies of Donna Roberts, Gloria Kahn, Gail Thompson and Alma Henry were found on May 3, 1968, September 8, 1968, July 10, 1971, and August 22, 1971, respectively.

There was a substantial amount of publicity about the murders in the Stamford area. The black community, as well as other groups, expressed anger over the lack of progress in the police investigation. For that reason, a special team of state police officers and a Stamford police detective was created to investigate the murders full time.

After a Reverend James Miller received an anonymous telephone call describing the location of one of the bodies and expressing the desire that the victim receive a Christian burial, the police made a check of other Reverend Millers in the Stamford area. As a result of that check, the name of the plaintiff, who claimed to be an ordained clergyman, was placed on a file card. After three more bodies were found, Miller was invited to an interview. He wrote a letter to the police saying that he could not come.

Nothing further was done to investigate Miller until January, 1972, when the card and Miller's failure to come in were discovered by the detective assigned to the investigation. At that point, a background investigation of the plaintiff was initiated. It was determined that Miller was a white employee at the Darien post office who walked past the home of Reverend James Miller every day during lunch. The plaintiff also spent a great deal of time preaching to the black community in Stamford, particularly to the women of the community. Miller also had a history of mental illness, having, at one time, been hospitalized at Fairfield Hills State Hospital. Police visited Fairfield Hills and were given access to Miller's files without his prior approval.

The police then expanded their investigation of Miller, interviewing his wife and acquaintances. They found that Miller had marital problems. He had beaten and threatened to kill his wife. Finally, they interviewed the plaintiff at his home, beginning with a reading of his Miranda ¹ rights. This interview was not productive, however, because the plaintiff appeared to be somewhat incoherent.

Between January 26, 1972, and February 16, 1972, Miller was interviewed by the police four more times. These interviews were lengthy sessions, each of which began with a reading of Miller's Miranda rights. Miller was described as a compulsive talker who forced the police officers to work in shifts. During one of the interviews Miller offered to take a polygraph test, which was administered on the next occasion upon which he spoke to police. The test was inconclusive due to Miller's erratic emotional changes.

During these interviews, Miller made several incriminating statements to police officers. He stated that he had learned of Gail Thompson's murder some six weeks later. This was directly contradicted by the statement of the victim's mother, who said that Miller had visited the family home "a couple of days" after the body was found to express his condolences. Miller also admitted to having had sexual relations with Gail Thompson in his car in North Stamford, and when he was shown a photograph of her body, he correctly identified the item around her neck as a handkerchief although the publicized version of the killings suggested that all of the victims had been strangled with bras. Further, when Miller was shown a photograph of the body of Alma Henry, he correctly identified adhesive tape as the substance wrapped around her head, stating "I don't use tape that narrow." From the photograph it was almost impossible to identify what was wrapped around her head, and the fact that tape had been used was not publicly known.

On February 16, 1972, police suggested to Miller that he should consult Robert Miller, a psychiatrist at Fairfield Hills. He declined to see Robert Miller, preferring to see Shirley Williams, a psychiatrist at the Norwalk Hospital, instead. After speaking with Williams, Benjamin Miller was seen by Michael Moadel, another psychiatrist, who signed an order for Miller's temporary involuntary commitment to Fairfield Hills. Miller was immediately taken to Fairfield Hills and was admitted.

In early January, 1972, State Police Detective Robert Geoghan and Stamford Police Detective George Mayer had visited Fairfield Hills where they discussed Miller's background with Robert Miller, who was considered to be "somewhat of a forensic psychiatrist." He agreed that if the plaintiff could be admitted to Fairfield Hills, it would provide an excellent opportunity to conduct interviews of the plaintiff.

Throughout his confinement, there has been substantial agreement that Benjamin Miller suffers chronic schizophrenia. There was also evidence in his hospital records that he had been placed on suicide watch occasionally, that he was delusional and that "religosity [sic] is in evidence." Miller regularly received medication in the form of trilafon and, at some point, he was also given sinequan.

Miller was interviewed on several occasions by Robert Miller, by the investigating officers or by all of them. Robert Miller indicated to the officers that he believed that the plaintiff was, in fact, the killer of the women, although at no time did he obtain a confession. These interviews culminated, on February 29, 1972, in Benjamin Miller's handwriting a confession to the murders of seven women. At another point, he wrote that he had killed Gail Thompson, Alma Henry, Sissy Rush and others he could not remember. The plaintiff led the conversation during which these confessions were made and his statements about the Gail Thompson murder corresponded to the physical findings at the scene.

On March 1, 1972, Miller signed both a handwritten statement and a typed duplicate admitting to and detailing the murder of Alma Henry. He also signed a statement indicating that he had returned, with police, to the murder scene where he pointed out the spot where the murder had occurred, and stating that he had tied her hands, taped her mouth and whipped her body with tree branches while he was killing her. These facts were not publicly known. In this statement, Miller also admitted that before Alma Henry died, but while she was unconscious, he had committed the act of cunnilingus upon her body.

On March 10, 1972, Miller signed another statement admitting to the murder of Donna Roberts, and giving considerable detail about her murder and the transportation of her body.

Each statement was witnessed by Geoghan and Mayer, who both stated that Miller had voluntarily led them to the murder scenes and to the places where the bodies were deposited thereafter. Each statement also contained Miller's written acknowledgment of his rights. As a result of this investigation and the confessions, Miller was arrested on March 17, 1972, and was indicted by a grand jury on May 15, 1972, for the five murders listed above.

On the date of Miller's indictment, attorney Herbert Bundock was appointed to represent him. Bundock had been an assistant public defender for Fairfield County for ten years prior to his appointment to represent Miller. Although his position was part time, he spent practically full time on the job. Miller pleaded not guilty to all five counts and the case was continued to June 20, 1972, pending the filing of any pretrial motions.

On June 6, 1972, Bundock filed a motion for discovery which included a request for all exculpatory information in the possession of the prosecution. Bundock also obtained two psychiatric reports, dated April 14, 1972, and May 6, 1972, both of which confirmed that Miller was competent to stand trial. Bundock also reached an agreement with Joseph Gormley, the state's attorney involved in the case, which allowed him free access to the state's file on the Miller case. Gormley testified at the habeas corpus hearing that he was reasonably certain that Bundock had seen practically the entire file.

From the date of his appointment through the end of 1972, Bundock worked on Miller's case. He had a psychiatrist, Johnathan M. Himmelhock, appointed by the court and, from conversations with Himmelhock, Bundock concluded that the doctor would testify that Miller was insane.

Bundock also spoke with Miller and his father on several occasions during this time. Benjamin Miller, Sr., told Bundock, on April 1, 1972, that his son had stated that he was sick and had signed a confession, but that he would sign anything. Miller, Jr., corroborated this version of the events on September 12, 1972. He stated that he had been afraid of a beating when he signed the statements and that, after they showed him photographs of the bodies many times, they drove him to the murder scenes and asked him if this was the place. He said he would respond by saying "I think so" to...