Oklahoma City plans to address settlement in wrongfully-convicted death row inmate’s lawsuit

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OKLAHOMA CITY (KFOR) – An Oklahoma City man wrongfully convicted of murder and later sentenced to die for a crime he didn’t commit now seeks justice for himself.

Robert Miller’s lawyer told KFOR a botched DNA evidence put his client away for ten years. After Miller’s release, he and his lawyer filed a multi-million dollar lawsuit in 2019. 

“No amount of compensation could make up for years on death row even if he didn’t have the stigma of allegedly being a rapist of old ladies,” said Robert Miller’s attorney, Mark Barrett. 

Miller’s attorney told KFOR it’d been a long and complicated fight. 

In May of 1988, Miller was convicted of raping and killing two elderly women. He was convicted of two counts of first-degree murder, two counts of first-degree rape, two counts of first-degree burglary, and one count of attempted first-degree burglary. 

Miller was freed from the Oklahoma County Jail in 1998. 

“He was on death row for seven years. He was incarcerated for about nine years,” said Barrett. 

DNA evidence found at the crime scene proven not to be Miller’s. 

His attorney told KFOR the case came down to DNA evidence tested incorrectly by former Oklahoma City Police Chemist, Joyce Gilchrist.  

“And to make matters worse, people were complaining to the police department and the city and other officials about the work of Joyce Gilchrist,” said Barrett. 

In November of 1992, the case went back to court.

At the time, former District Attorney Bob Macy told KFOR his office believed Miller could’ve been innocent of the rape themselves but still participated in the burglary and the killings. 

The DNA evidence proved that Ronald Lott was the person who raped and killed the two women. He was executed in 2013. 

Despite the finding, District Attorney Macy filed an amended complaint, alleging Miller and Lott knew each other and committed the crimes together.

“They wanted to believe after he had been convicted that somehow Robert must have been involved, but he just wasn’t,” said Barrett. 

For 21 years, Miller worked to have his name cleared, and a 2019 ruling made that happened. 

On January 28, 2019, he filed a renewed motion asking for an order that a prima facie case of innocence has been made.

On March 5, 2019, a judge issued an order finding that there is prima facie evidence of innocence and directing that no further processings be held against Miller in the case. 

Miller and his attorney are seeking 90-million dollars in damages.  

The city council will address Miller’s lawsuit settlement Tuesday morning. 

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