Autopsy photos shown, experts testify during 2nd day of murder trial
Graphic autopsy photos connected to the death of Maximillian W. Halterman were shown Tuesday, Nov. 14, the second day of the homicide trial against Alec D. Miller.
Family members of the defendant, forensics and medical experts testified Tuesday as well, painting a picture of the circumstances surrounding the death of Halterman, 23, who was shot and killed in Oakland Township on March 19, 2019.
Miller is accused of entering Halterman’s home on that night, shooting him in the head and neck, and leaving with drugs and money.
The first-degree murder case is being presided over by Butler County Common Pleas Judge Timothy McCune.
Tara Hockenberry was the first witness called by Laura Pitchford, assistant district attorney. Hockenberry said Robby Dunbar, who testified Monday, showed her a screenshot of a text conversation from the night of March 20, 2019, in which Miller allegedly confessed to killing Halterman.
The messages came from an unlabeled phone number, Hockenberry said, which she later discovered was connected to “Alec” in her phone.
When asked why she was testifying, Hockenberry answered, “Justice for Max.”
Lamaria Franklin, Miller’s former girlfriend, testified she was with Miller in the late evening on March 19, and went a few places with him, including to drop off the Chevrolet Silverado belonging to Alec’s grandfather, Gregory.
Daneen Miller, Alec’s grandmother, testified later Alec called her March 19 about the truck. She reported it missing to police later that evening. She said Franklin called her around 1:30 a.m. March 20, telling her the truck was parked at Greenview Apartments.
Franklin said she knew Miller was doing drugs, and she would flush them down the toilet when she found them. When questioned, she testified she knew Alec and Halterman knew each other.
She also said Miller told her conflicting versions of the events that went on at Halterman’s home March 19.
“He told me that he shot him,” she said.
Pitchford noted in previous testimony, Miller told Franklin he shot in self-defense.
Lamaria and her father, Lamar Franklin Sr., both testified Alec was with them in the late evening of March 19 and into March 20 in Venango County, and Lamaria was questioned by police.
Lamaria said she tried to have Miller turn himself in after her conversation with police. He then told her he didn’t kill Halterman.
“I didn’t know what to believe,” she said. “I didn’t tell police where he was at first, because I didn’t know at the time.”
Lamaria Franklin has a pending felony charge of hindering apprehension in connection with this case.
Lamar Franklin testified he had paid for Alec to stay in a Motel 6 late the night of March 19 or early the morning of March 20, and that Miller returned to his Venango County home later on the 20th. It was there he was apprehended March 20, 2019.
Pitchford showed Lamar Franklin transcripts of an Aug. 1, 2022, omnibus hearing, in which he testified Alec had allegedly confessed to killing Halterman. Lamar Franklin said he only recalled Miller mentioning being at Halterman’s house March 19, 2019.
Branden Miller, Alec’s brother, told the jury he had received a Savage Axis, 7 mm rifle for Christmas from his grandparents, and kept it in the gun cabinet of his grandparents home. He had not seen the gun being removed from the cabinet, but knew it wasn’t there March 20, 2019.
According to police testimony Monday, that rifle was found in the Silverado after it was seized March 20 from the workplace of Gregory Miller.
While executing a search warrant of the vehicle, state police found a pair of gloves, a brown coat, a sweatshirt and the rifle. A magazine was discovered holding one live round, and a spent round also was found, according to the previous testimony.
The Commonwealth then called Andrew Pannelli to the stand. A former state trooper who worked in the crime lab in 2019, Pannelli testified he had analyzed the rifle for latent prints — finger prints that cannot be seen with the naked eye.
He said he found a partial right palm print on the scope of the gun, close to the barrel. That print was later matched to Alec Miller, he said.
During cross examination, defense attorney Jennifer Popovich asked if it was possible to know when a latent print was made. Pannelli said it was not possible.
Next, Cpl. Dale Wimer, a firearm and tool mark examiner with the state police crime lab, said he conducted forensic tests on the rifle, fragments of bullets and bullet casings from the scene and the victim.
Wimer testified the fragments had the correct class characteristics to come from a Savage Axis rifle, but there were not enough individual characteristics to determine if they were fired from the exact rifle in question.
Dr. Todd Luckasevic, a forensic pathologist with the Allegheny County Medical Examiner’s office, was the last to testify. The examiner who conducted the original autopsy on Halterman has since retired, and Luckasevic said he often reviews the work of others in his field and testifies on their behalf.
To aid his testimony, Pitchford projected photos taken during Halterman’s autopsy for the jury to see. The photos sparked reactions around the courtroom.
Luckasevic said Halterman was inflicted by two gun shot wounds, and he was not able to determine which came first. One, which appeared as a little black dot on Halterman’s right cheek, was shot from a distance of more than 3 feet. He said the bullet entered at the right cheek and exited Halterman’s left cheek. Luckasevic said it would have shattered a few teeth, but was not “immediately incapacitating.”
He further explained that once this wound was created, it would result in a lot of bleeding that would lead to the lungs.
The second wound depicted that the bullet entered Halterman’s right shoulder, then exited and entered the right side of his neck, according to Luckasevic. The bullet was recovered in the back of his neck, and Luckasevic said the shot created a large, gaping wound.
“Lights out,” he said, explaining this kind of a shot was “immediately lethal,” and at close range.
Photos also were shown of the blood-soaked tank top Halterman was wearing at the time of his death. The right strap of the tank top was torn where Luckasevic said the close-range shot was fired.
During cross examination, Luckasevic said it’s impossible to determine the exact moment of death in any autopsy. He said Halterman’s time of death was listed as before 7:09 a.m. March 20, 2019, on the death certificate.
Popovich asked if it’s possible Halterman could have been killed at 12:30 a.m. March 20, and Luckasevic said yes.
The trial will continue Wednesday morning.
