Accused drug dealer released from jail after grand-jury delay

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August 27, 2008

<a href="mailto:avanvalkenburg@pressrepublican.com">By ANDREA VanVALKENBURG</a> The Press Republican Wed Aug 27, 2008, 06:38 PM EDT

PLATTSBURGH — A man accused of giving pills to a local teen who later overdosed and died has been released from jail after a delay in his case.

Scott Miller has been behind bars at the Clinton County Jail since his arrest in early June.

The 29-year-old Plattsburgh man is accused of giving 17-year-old Julia Del Signore painkillers hours before she was found dead inside her boyfriend’s Seth Square apartment.

Court records indicate the Plattsburgh teen had consumed a range of medications before she overdosed, but police believe Miller provided her with the last pills she consumed before her death.

He was initially arrested on two felony drug charges, but authorities later lodged four additional charges against him after they allegedly found more than $65,000 worth of illegal pills hidden inside his apartment.

Police said that when they searched Miller’s apartment, they found 912 Dilaudid pills and another 825 pills that were initially believed to be OxyContins, though subsequent testing revealed they are likely a unique designer drug containing alprazolam and ketamine.

The case against Miller was transferred to County Court last month after Plattsburgh City Court Judge Penelope Clute found there was sufficient cause to have the case presented to a grand jury.

But Wednesday marked the 45th day since the case was transferred, and Miller’s attorney, Brian Barrett, requested his client be released from jail since the case wasn’t presented to a grand jury within the necessary time to keep holding him.

Assistant District Attorney Domenica Padula told Essex County Supreme Court Judge James Dawson, who presided over the hearing, the delay was based on the State Police crime lab’s heavy workload and the extensive amount of testing needed to be done on the questioned pills.

She said prosecutors have been waiting for the lab results before presenting the case.

Before the judge ruled in his favor, Barrett questioned why the District Attorney’s Office didn’t go ahead with the grand-jury presentment based on the initial lab reports, which were cited during the preliminary hearing.

Though the Lake Placid-based defense attorney criticized the delay, District Attorney Andrew Wylie later said, “The last time I checked, I’m the district attorney, and I’m the one who makes the decisions on how to proceed with the presentation of a case.”

It was initially unclear when the case will head to the grand jury, but Dawson warned Miller he must appear for all court dates after his release.

Officials said Miller could return to jail if a grand jury returns charges against him and a judge orders that he be held on bail or bond.

E-mail Andrea VanValkenburg at:

avanvalkenburg@pressrepublican.com