Judge Declares Hung Jury

Two Breathitt County parents charged with murder in the death of their 11-month old child will face a new trial after a judge declares a hung jury.

Karen and Robert Miller waited for four hours to hear the news.

“I was just scared and I don't even know, I was just in shock and panicked, I mean, I messed up,” Karen Miller said.

That's what Karen Miller told the jury about why she and her husband initially didn't tell police that they shared a methadone pill the night baby Braxton swallowed a lethal dose of the drug, and why her story changed about how the second pill became lost.

A jury couldn't agree on whether Karen and Robert Miller's actions were criminal.

Relatives of the Millers say it was a horrible accident, and that these parents had nothing but love for Braxton and his five year old brother.

Karen Miller was the only defense witness to take the stand, crying often during cross-examination.

Attorney Darrell Herald: You knew he took it because you saw him take it!

Karen Miller: No sir, no sir!

Attorney Darrell Herald: And you and your husband didn't take him to the doctor because of the state you were in!

Karen Miller: No sir that is not correct. I did not see the pill laying there, I did not see him take it.

The Millers' attorneys argued they thought Braxton might be coming down with a cold when he started breathing roughly, but he took his bottle as usual before he went to sleep.

A decision a new jury will eventually have to make.

Judge Frank Fletcher set a new pre-trial conference date for May 9th.

Police arrested Robert Miller's sister, Rosella Fugate, for tampering with a witness.

Police say she knowingly tried influence an emergency room nurse to change her testimony.

Fugate's relatives tell us she didn't know she wasn't supposed to discuss the case with the witness.

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