If a jury convicts a Charleston woman of first-degree murder in the 2014 stabbing death of her roommate, a separate trial will then be held to allow the jury to determine whether she should be granted mercy, a Kanawha County judge said Thursday.
Patricia Miller, 51, is set to go to trial June 13 for allegedly killing Victoria Summers, 29. Her attorney, John Sullivan, on Thursday, asked Circuit Judge James Stucky to allow for a bifurcated trial so that jurors don't have to consider whether Miller should receive mercy, and ever be eligible for parole, before they decide whether she's guilty of the murder charge.
Stucky said he would allow for separate proceedings, but added that he would use the same jury.
If Miller is convicted of first-degree murder "then you can submit evidence of mercy or no mercy to that same jury," Stucky told Sullivan and assistant Kanawha prosecutor Maryclaire Akers.
Akers said the state Supreme Court leaves the decision up to individual judges unless there's proof it wouldn't be fair to have the issue of mercy decided in the same trial. The prosecutor didn't object to Sullivan's motion, but said she didn't see any reason that Miller had to have separate trials.
Sullivan said he wouldn't be able to properly advise his client about taking the stand during the initial trial without having to keep the issue of mercy in mind.
He said Miller should be allowed to testify again if jurors have to decide whether she should be given mercy.
Also Thursday, Sullivan asked Stucky to throw out a statement his client made to police after the incident. Miller's lawyer argued she was too drunk to have consented to providing police with the statement.
Stucky, though, agreed with testimony he heard Thursday from two Charleston police detectives and ruled that while Miller was intoxicated, she knew what she was doing.
Miller was recorded by police stating that Summers kept pushing her, a Charleston detective said. Miller picked up the knife to warn Summers, but Summers "impaled herself" Miller said, according to the detective.
Sullivan had also argued that a detective didn't make sure she understood her Miranda rights before speaking with police. Stucky sided with the detective.
Miller is accused of stabbing Summers with a steak knife in October 2014. Police have said that the two argued over the lease at 529 Nancy St. Miller's name was on the lease at the apartment, but Summers and her boyfriend had been staying with her.
The argument, according to police, started because the landlord said Summers and her boyfriend shouldn't be staying there.
Miller had been drinking and continually confronted Summers until she backed her into a corner, police previously said. Summers' boyfriend, Thomas Jones, 33, was there and witnessed the incident, according to police.
Summers was stabbed about 12:50 a.m. and died from her injuries about two hours later, police previously said.
Police found Miller walking down Jackson Street. She was informed while being interviewed by police that Summers had died from her injuries, a detective said Thursday.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.