Republican Jeff Miller is facing three felony charges. Nate Chute/IndyStar
The Marion County prosecutor's office asked a judge to reject Indianapolis councilman Jeff Miller's request for a special prosecutor on Monday, saying a prosecutorial change would be burdensome on the alleged child victims in the case.
Miller, 50, faces three level 4 felony counts of child molestation after being accused of fondling two young girls in his Fletcher Place home. Miller told investigators that he did not intend for his touching to be sexual, according to court documents.
In a Nov. 29 petition seeking a special prosecutor, the Republican councilman noted that Marion County Prosecutor Terry Curry, a Democrat, supported Miller's opponent in the most recent election.
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Further, the petition says Miller's opponent, Emily Shrock, was formerly a deputy prosecutor.
"The prosecution of a political opponent creates an appearance of impropriety and erodes confidence in the criminal justice system," the petition reads.
In a Monday filing, Deputy Prosecuting Attorney Courtney Curtis responded, saying that Shrock is no longer employed by the prosecutor's office. And even if Miller were to be convicted of all charges and removed from his seat, Curtis wrote, Shrock would not take his place on council.
"There is neither reason nor benefit for the Marion County prosecutor's office to treat the defendant more harshly," Curtis wrote, "and the citizens of Marion County in the form of a jury serve in their role as a check and balance on the charging decisions of this office."
Shrock, however, was paid on a contractual basis for her help in fundraising for Curry's campaign committee in 2015, 2016 and 2017, Curry wrote in an attached affidavit.
Campaign finance reports also show at least four prosecutor's office employees contributed to Shrock's campaign, including Curry.
But in his affidavit, Curry said he did not "request or encourage" Shrock to run for council.
"I only learned of her intention to do so when she informed me that she was filing a campaign committee in order to become a candidate," Curry wrote.
Curtis addressed another aspect of Miller's petition that emphasized the City-County Council's authority to approve or deny expenses in the Marion County prosecutor's office — which Miller's defense cited as a potential conflict.
In her response, Curtis noted that Miller has said he'll recuse himself from voting on measures connected to the Marion County prosecutor's office.
"That argument is now moot," Curtis wrote.
The alleged child victims would be burdened if a special prosecutor were assigned, Curtis also wrote.
"Indiana case law has long prioritized limiting the exposure of children to the traumatizing effects of repeating agonizing personal details over and over again," Curtis wrote. "Appointing a new prosecutor opens these children up to essentially starting again from the beginning."
Miller's position as an elected councilman has led to other conflicts as the case progressed.
Most recently, Miller was temporarily detained by Indianapolis Metropolitan Police officers after he appeared at a Fletcher Place neighborhood meeting. A potential witness, who had a no-contact order, was in attendance, police said.
Afterward, Hendricks Superior Judge Mark A. Smith, who was appointed after Marion Superior Judge Mark Stoner recused himself, warned Miller to stay away from the meetings and any potential witnesses he may see on the street or in a store.
He allowed an exception: If someone on the no-contact list attends a meeting of the City-County Council. "Obviously, you have duties to fulfill there, so there's no expectation that you would get up and leave a council meeting if any of these protected individuals were to be there in the audience at any of those council meetings," Smith said.
The next council meeting was scheduled for Monday evening. It was not known Monday afternoon whether Miller would attend, but he attended the Dec. 4 meeting.
Miller, a second-term councilman, represents an active Downtown district that includes Fletcher Place, Fountain Square, Mars Hill, Indiana University-Purdue University Indianapolis and White River State Park.
He has remained on the City-County Council, even as council leadership stripped his committee assignments and his 10 Republican colleagues have called on him to resign.
In an email to constituents, Miller said he would remain on council "to give a voice to those who felt they didn't have a voice."
"I love fighting for the issues that impact you, whether big or small," Miller wrote in an email to residents of his Downtown Indianapolis district. "Some view the council as a way to gain power, such as being on certain committees or holding certain titles. No, the council is not about having power, but about having a voice and to use that voice to speak for those we represent."
In a prior hearing, Smith has said Miller's attorneys would have two weeks to respond to the prosecutor's filing. Then Smith will decide whether to schedule a hearing, he said.
IndyStar reporter Robert S. King contributed to this story.
Call IndyStar reporter Ryan Martin at (317) 444-6294. Follow him on Facebook and on Twitter: @ryanmartin.
Call IndyStar reporter James Briggs at (317) 444-6307. Follow him on Twitter: @JamesEBriggs.
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