cmurder.jpgThe judge who is presiding over Corey “C-Murder” Miller’s retrial for second degree murder has explained in a written order why she allowed him to be removed from the home incarceration program he has been accused of violating. According to a report from New Orleans’ Times-Picayune, Judge Martha Sassone stated in a report dated August 9 that she felt Miller had only violated the terms of the program once, on May 4 during an unauthorized trip to a Smoothie King restaurant, and that he had already been punished for the lapse. Prosecutors have objected to the judge’s decision to remove Miller from house arrest and instead impose a curfew, citing several instances where he was out of range of his electronic monitoring equipment.

Judge Sassone accepted Miller’s explanation that there were long lines at the Smoothie King, and wrote that Sgt. Shannon Dugas, Miller’s monitor in the program, agreed that the lines were long “and that was probably the correct sequence of events.” After the incident, Sassone says she imposed further restrictions on the defendant, although she doesn’t say what exactly those restrictions consisted of. Sources close to the case have said she barred him from contact with his girlfriend for 45 days.

The judge went on to back up her decision by stating that although Sgt. Dugas reported several instances where Miller appeared to be out of range of the monitoring equipment, “he was clear to the court that he did not believe Mr. Miller was leaving home.” In their appeal of the judge’s decision, prosecutors suggested that Sassone did not properly consider the gravity of the charges against Miller, who has also been charged with attempted murder in a separate case in Baton Rouge, and has been accused of witness tampering. Miller’s attorneys countered that their client is not dangerous and pointed out that prosecutors have failed to show any evidence that he ever engaged in any witness intimidation.