DNA test sought in human remains case
A hearing is scheduled Aug. 10 to argue the use of public funds for DNA testing in defense of a man accused of desecrating human remains.
Jeremiah James Miller, 24, appeared in district court with his attorney Lonnie Sparks before Judge Fred Gibler in Wallace Monday, the day before a postponed trial was previously scheduled to begin on the case. Miller is accused of desecrating human remains at Greenwood Cemetery on or about Halloween 2014.
Among other issues to be addressed at the upcoming hearing, Gibler included Sparks' request for public funds for DNA testing on material assumed by law enforcement to be ashes of the deceased.
Sparks requested an estimated $13,800 for DNA testing on four piles of debris found at the crime scene, according to court records.
"Without a finding of human DNA in the debris, the state does not have evidence of human DNA," the request states.
The requested testing includes viability testing on each of the four piles at the cost of $2,000 per test and profile testing if the viability testing for human DNA turns out positive. Each profile test would cost $300, up to a total of $4,800, and would require DNA samples from each of the four deceased persons, according to the request. An additional $1,000 has been requested for chain of custody costs.
A trial date for Miller's alleged accomplice, Robert Vincent McCool, 20, of Kellogg, is scheduled Aug. 11.
Each man faces two felony counts of unlawfully removing human remains at the cemetery after they allegedly went to the location to play with a Ouija board, according to court records.
The remains of Frank Pendergast, Lila Pendergast, Martha Hart, and Kenneth Hart are believed by law enforcement officials to have been found scattered on scene after they were discovered missing along with broken items from their places of rest. A Toyota truck key found at the scene and a tip from a community member led police to McCool, who implicated Miller, according to court records.
According to a police report, McCool reportedly told police he and Miller went to the cemetery to use the Ouija board, and Miller vandalized the resting places and stole urns.
Miller denied McCool's claims when police questioned him. He reportedly admitted to visiting the cemetery with McCool, but said he threw the Ouija board over an embankment and did not enter far into the cemetery. Miller reportedly told police that McCool told him in the days following the night the two visited the cemetery that he lost his truck key and lighter at the site and returned to look for them.
The hearing is scheduled to begin at 2 p.m.