Crime scene photos, DNA, defendant’s rap song examined on trial’s third day
Jurors assigned to the trial against Alec D. Miller will only deliberate on a charge of homicide.
Judge Timothy McCune dismissed counts of robbery, burglary, criminal trespass and theft following a defense motion Wednesday, Nov. 15.
The commonwealth rested after its final witnesses took the stand Wednesday, the third day of the trial at county Common Pleas Court. Among the evidence presented were crime scene photos and a recorded phone call in which Miller recites a rap song he wrote including the word “murder.”
Miller is accused of entering the Oakland Township home of Maximillian W. Halterman, 23, on the evening of March 19, 2019, shooting him in the head and neck, and leaving with drugs and money. Miller was 19 at the time of the homicide. He is being held at Butler County Prison.
Laura Pitchford, assistant district attorney, called Michelle Barch to the stand first. Barch conducted serology tests on items taken from the scene, including a cigarette butt found outside Halterman’s home, the Savage Axis 7 mm rifle which is believed to be the murder weapon, a gun magazine and a pair of jeans seized by police from the Venango County residence where Miller was apprehended.
Barch said serologists test for bodily fluid on items and prepare them for DNA analysis. She said the tests for blood can come back as “presumptive positive,” meaning blood may be present.
She said she took swabs to test for DNA from the muzzle and barrel of the rifle, the magazine, and several areas of the jeans.
Barch said she conducted an analysis of the blood patterns left at the scene, and showed a PowerPoint presentation to demonstrate her findings.
The presentation included crime scene photos of Halterman lying on a couch as he was found when police arrived on scene.
Using 353 photographs and three videos, Barch said she determined Halterman was in close proximity to his photographed position when his wounds were inflicted.
The gunshot wounds to Halterman’s cheek and shoulder and neck area were clearly visible in the photographs.
During cross examination, defense attorney Jennifer Popovich asked if Barch’s serology tests could determine if the presumed blood was human or animal. Barch answered that was not possible.
Patrice Ferlan, a forensic DNA analyst, shed light on some of the DNA findings connected to the tested items. She said she used DNA from Halterman, Alec Miller, his brother and grandfather to compare to the samples on the evidence.
DNA found on portions of the rifle, in the front right pocket of the jeans and from a stain on the front left knee of the jeans were linked to Miller, Ferlan said.
Halterman’s DNA also was found on the knee stain, she said, meaning that both Miller and Halterman “cannot be excluded” from the possible contributors.
Cpl. Stephen Shay with Butler state police said he was in charge of evidence collection at the crime scene, and no firearms were found in Halterman’s residence.
Cpl. Robert Rottman, also with state police, said he helped coordinate the investigation March 20, 2019. He testified that the homes of Miller and Halterman were within a minute drive from each other.
He also testified about a video call between the incarcerated Miller and a friend on March 12, 2022. The call was nearly 20 minutes in length, according to Pitchford, and only a portion was played, as she said “the remainder was irrelevant to this trial.”
The recorded call involved Miller rapping a song he’d written, according to Rottman.
The recording was played, in which someone can be heard saying the words “murder,” “bodies,” and “I’m crazy.”
Some other phrases included “Cried when they booked me for the murder charge,” “Still a couple people I gotta murder,” “Demons in my mind,” “Knife in his neck,” “I know right from wrong but I’m cursed and possessed,” and “Kicked down his front door.”
On cross examination, defense attorney Charles Nedz asked Rottman if he was familiar with gangster rap music as a form of artistic expression and if it was known for violent content.
“I don’t listen to it,” Rottman said.
The commonwealth then rested, and following dismissal of the jury, Miller’s attorneys made a motion for acquittal.
Defense attorney Joseph Smith said there was no evidence that anything was missing from Halterman’s residence, or that Miller would have entered the home by force.
“We believe he was there by invitation,” he said.
Pitchford countered, citing previous surveillance footage shown to the jury of an individual going through vehicles at Halterman’s home, and testimony from witnesses.
“To list the overwhelming amount of evidence that was presented over the last two and a half days would take a while,” Pitchford said.
McCune dismissed charges of robbery, burglary, criminal trespass and theft, and held over the homicide charge.
The trial will continue Thursday.
