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Convicted murderer's attorneys to seek lesser sentence

Vanessa Junkin
vjunkin@dmg.gannett.com

Despite a governor's executive order changing the sentence for former death row inmate Jody Lee Miles to life without the possibility of parole, his defense attorneys aren't giving up.

They want the chance to argue for a lesser sentence.

Miles, now 45, formerly of Greensboro, Maryland, was convicted in 1998 of the April 2, 1997, murder of Edward Atkinson. The trial was held in Queen Anne's County Circuit Court, although the homicide took place in Mardela Springs.

Now-former Gov. Martin O'Malley signed an executive order dated Jan. 20 changing Miles' sentence from death to life without the possibility of parole.

"He has not applied for a change in his sentence by the Governor to life without parole and will not accept any such change in his death sentence by the Governor," Miles' attorneys, Robert W. Biddle, Erica Alsid Short and Brian Saccenti, wrote in a motion opposing this change dated Jan. 20 and filed in Queen Anne's County Circuit Court.

Miles' attorneys express that for O'Malley to legally change Miles' sentence in this way, Miles would have had to make that request, and he did not. His lawyers also made it known to O'Malley that they were against this type of change in his sentence, the motion states.

There's a pending Court of Appeals case, argued before the governor's announcement, in which both sides have expressed that Miles cannot be executed; however, the Attorney General's Office sees the former governor's action to change Miles' sentence to a life without the possibility of parole sentence differently.

"Attorney General (Brian) Frosh and his office are fully prepared to defend the authority of a governor to commute death sentences," Attorney General's Office spokesman David Nitkin wrote in an email. "He's a firm believer that this was an appropriate action."

Wicomico County Senior Assistant State's Attorney Joel Todd, who is handling the Circuit Court case, said he filed a motion asking the Circuit Court to wait to go through with proceedings relating to that case until the Court of Special Appeals releases a ruling.

Miles' attorneys asked the Court of Special Appeals to make a decision on whether his sentence was legal, via a motion, on Jan. 29.

Biddle said he believes if the sentence is determined to have been illegal, it has to go back to Circuit Court for a sentence determination.

In the Circuit Court motion, Miles' lawyers state that he wants a hearing, where additional information would be able to be used to help in the sentence determination.

"Mr. Miles contends that any change at the present time in his death sentence should come from the judicial process, not gubernatorial fiat," the motion reads.

vjunkin@dmg.gannett.com

410-845-4639

On Twitter @VanessaJunkin