Washington County Enterprise-Leader

Lincoln Man Set For Trial On Rape Charges

- By Lynn Kutter

The court date for a Lincoln man scheduled to stand trial May 19 in Washington County Circuit Court was continued until July 14, according to a spokeswoma­n with the Prosecutin­g Attorney’s office.

James Miller, 41, 111 N. Carter Avenue, is facing charges of rape, distributi­ng, possessing or viewing of matter depicting sexual conduct involving a child, employing or consenting to the use of a child in a sexual performanc­e and sexual assault in the fourth degree.

Miller pleaded not guilty to the charges Feb. 13.

According to a preliminar­y arrest report, Washington County Sheriff’s Office received a cybertip from the National Center for Missing and Exploited Children on Oct. 2, 2014, involving an apparent image of child pornograph­y made publicly available on a Google account. The investigat­ion led to an email address belonging to Miller.

Detective Leon Frisard with the Sheriff’s Office interviewe­d Miller on Dec. 31, 2014, at Lincoln Police Department and Miller denied any knowledge of the image but consented to a search of his cell phone. A forensic examinatio­n of the phone revealed numerous images of child pornograph­y and in a second interview, Miller admitted to receiving the images from someone he met on the applicatio­n KIK and to sending them to another person on KIK. Miller could not identify those involved from KIK, the arrest report states.

Miller was arrested for possession of child pornograph­y Jan. 12 and taken to Washing - ton County Detention Center.

In t wo other separate arrest reports, Miller was investigat­ed for allegation­s of sexual assault involving female juveniles. A juvenile girl told the Sheriff’s Office of three incidences that occurred when she was about 11 or 12 years old in which digital penetratio­n occurred. Miller initially denied the allegation­s during an interview at the Sheriff’s Office but later said he was drinking heavily, taking illegal drugs and would black out and not remember what he did the previous day during the time frame of the allegation­s, according to the report.

Cpl. Brian Key with Lincoln Police Department was present during the Jan. 19 interview with Miller. Key was investigat­ing Miller for another sexual assault. The report states that Miller admitted to Key that he digitally penetrated this juvenile victim. In this case, Key was investigat­ing a report involving multiple juvenile girls playing a sexually oriented game at Miller’s home. They testified that Miller was present during the games and encouraged them and watched them. One of the girls later testified that when she was 14 years old, Miller digitally penetrated her while she was at his house.

Following the interviews Jan. 19, Miller was charged with rape, sexual assault fourth degree and employing or consenting to the use of a child in a sexual performanc­e and booked into Washington County Detention Center.

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