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Thread: Paul Aaron Ross Sentenced to 42 Years to 84 Years in 2004 PA Murder of Tina S. Miller

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    Paul Aaron Ross Sentenced to 42 Years to 84 Years in 2004 PA Murder of Tina S. Miller

    DA seeks death penalty for killing

    Ross currently serving life in prison for ’04 murder

    By Phil Ray
    The Altoona Mirror

    Blair County District Attorney Richard A. Consiglio will seek the death penalty in the retrial of Paul Aaron Ross of Frankstown Township for the murder of a Hollidaysburg woman a decade ago.

    Ross was tried in 2005 in the killing of 26-year-old Tina S. Miller.

    He was found guilty of murder in the first degree, but a jury, after hearing details of Ross's abusive childhood, recommended a life sentence.

    Ross has been serving a life sentence plus 24 to 48 years in the State Correctional Institution at Mahanoy, Schuylkill County.

    In 2011, the Pennsylvania Superior Court ordered a new trial, finding that Ross's Altoona attorney, Thomas M. Dickey, was not given enough time to prepare his defense.

    The Superior Court also ruled that testimony from three of Ross's former girlfriends should not have been allowed in the trial.

    The prosecution used testimony of "prior bad acts" from the former girlfriends to show Ross's alleged brutality toward women and to show that his treatment of Miller on the night of June 25, 2004, was part of a behavioral pattern - a motive - that supported his conviction.

    What followed the new trial ruling by the Superior Court was an attempt by Consiglio and Assistant District Attorney Deanne Paul to reverse the ruling and allow the original trial verdict to stand.

    Although the Pennsylvania Supreme Court finally ended the prosecution's attempt to stave off a new trial on Oct. 22, the yearlong clock in which Blair County must retry Ross did not start ticking until Jan. 19 of this year, Consiglio said.

    That was the day the record of the Ross case and the Superior and Supreme Court ruling upholding a new trial officially arrived back in Blair County, being filed in the Office of the Prothonotary and Clerk of Courts.

    Consiglio got the ball rolling toward a retrial by filing a death penalty notice with the Prothonotary about 3 p.m. Tuesday.

    In the notice, he listed two aggravating circumstances on which he will base the request for the death penalty: The killing occurred while Ross was committing a felony or felonies, and the killing involved torture.

    Consiglio had no further comment on the case other than to confirm the death penalty notice was filed.

    Miller and Ross met at a Hollidaysburg tavern on the evening of June 25 and were with a group of people at an after-hours get-together in a private home.

    Testimony during the 2005 trial showed the two were dropped off at Canoe Creek State Park, near Ross's home, the early morning of June 26.

    Miller's body was found partially submerged in Canoe Creek Lake the next morning.

    Her arms and mouth had been duct-taped, and, according to Blair County Coroner Patricia Ross, the young woman died of a combination of drowning and strangulation.

    Ross entered a not guilty plea, and the defense stated Ross did not know who killed Miller, only that she called someone else that night to come and pick her up at the park. Dickey was a late entry into the case and persistently argued that he did not have enough time to review the evidence and firm up his theory of the case prior to trial.

    The prosecution contended that Dickey proclaimed he was ready for trial when he entered the case. Dickey could not be reached for comment Tuesday.

    http://www.altoonamirror.com/page/co...g.html?nav=742

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    Defense: Bar death penalty in Pa. murder retrial

    A defense attorney is asking a judge to bar prosecutors from seeking the death penalty in a man's retrial in the murder of a woman whose body was found in a central Pennsylvania park a decade ago.

    An appeals court ordered a new trial in Blair County for 41-year-old Paul Aaron Ross in the June 2004 murder of 26-year-old Tina Miller, whose body was found partially submerged and bound with duct tape at Canoe Creek State Park.

    The (Altoona) Mirror (http://bit.ly/1mI4WqJ ) reports that defense attorney Thomas Dickey argues that jurors decided against a death sentence in the first trial, so it should be barred in the retrial.

    But prosecutors argue that jurors merely were unable to agree on capital punishment, so it should remain an option in the retrial.

    http://www.sfgate.com/news/article/D...al-5608732.php
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    Judge: Death penalty not barred in Pa. retrial

    A judge has declined to bar prosecutors from seeking the death penalty in a man's retrial in the murder of a woman whose body was found in a central Pennsylvania park a decade ago.

    The (Altoona) Mirror (http://bit.ly/1ATXgqp ) reports that Blair County President Judge Jolene Kopriva ruled Tuesday that jurors in the first trial of 41-year-old Paul Aaron Ross deadlocked on whether Ross should be executed or spend life in prison.

    Defense attorney Thomas Dickey argued that jurors essentially decided against a death sentence, so it should be barred in the retrial. He said he and his client will examine options.

    Ross is charged in the June 2004 murder of 26-year-old Tina Miller, whose body was found partially submerged and bound with duct tape at Canoe Creek State Park.

    http://www.wtrf.com/story/26209159/j...-in-pa-retrial
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    May 14, 2015

    Death penalty possible in retrial of Canoe Creek State Park murder

    Prosecutors can pursue the death penalty in the murder of a Hollidaysburg woman more than a decade ago. The local paper reports that a Superior Court panel has ruled that the death penalty is possible in the retrial of Paul Ross for the murder of Tina Miller in Canoe Creek State Park 11 years ago. A jury in Ross’ first trial, convicted him, but was deadlocked on his fate, legally sentencing him to life in prison in 2005, but in October of 2012, a superior court judge tossed out the jury’s verdict and ordered a new trial.

    http://www.altoona.com/mobile/news/a...rder,17047134/

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    Death penalty can be sought for Ross murder retrial

    By Phil Ray
    The Altoona Mirror

    HOLLIDAYSBURG - The Pennsylvania Supreme Court has cleared the way to seek the death penalty against Paul Aaron Ross of the Hollidaysburg area, who is awaiting a new trial in the death of a 26-year-old woman at Canoe Creek State Park more than 11 years ago.

    http://www.altoonamirror.com/page/co...l.html?nav=742

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    Man's attorney asks court to bar death penalty in retrial

    An attorney for a man accused of having killed a woman in central Pennsylvania in more than a decade ago is asking a federal court to bar the death penalty in his retrial.

    Forty-three-year-old Paul Aaron Ross is charged in the death of 26-year-old Tina Miller, whose body was found at Canoe Creek State Park in Hollidaysburg in 2004.

    Ross won a retrial after an appeals court said his attorney hadn't had enough time to fully prepare a defense.

    The Altoona Mirror (http://bit.ly/1qRpjGw ) reports that defense attorney Thomas Hooper argues that Ross shouldn't have to face the death penalty because the jury in his first trial refused to impose the sentence.

    Hooper says forcing Ross to face the death penalty again would violate his constitutional protection against double jeopardy.

    http://www.theeagle.com/news/nation/...fada7b4c5.html
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    Judge allows death penalty option in retrial of 2004 slaying

    JOHNSTOWN, Pa. (AP) — A federal judge in Pennsylvania has upheld a ruling allowing prosecutors to seek the death penalty against a man accused killing a woman more than a decade ago.

    The (Altoona) Mirror reported (http://bit.ly/25X2nIt ) Wednesday that a federal judge in Johnstown last week rejected a defense attorney's argument that a lower court had wrongly ruled against Paul Aaron Ross. The judge also denied any further hearings at the District Court level.

    Ross is charged in the 2004 death of 26-year-old Tina Miller, whose body was found partially submerged and bound with duct tape at Canoe Creek State Park in Hollidaysburg.

    Ross won a retrial after an appeals court ruled his attorney didn't have enough time to fully prepare a defense.

    Ross' death penalty attorney, Thomas Hooper, wasn't immediately available for comment.

    http://www.sfgate.com/news/crime/art...of-8184648.php

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    May 18, 2018

    Ross bite mark appeal rejected

    Defense sought clarity on validity of evidence to be used at retrial

    By Altoona Mirror

    The Pennsylvania Superior Court has rejected a defense request to clarify the validity of bite mark evidence that the prosecution intends to use in the retrial of Paul Aaron Ross, charged in the murder of a Hollidaysburg woman nearly 14 years ago.

    The state appeals court ordered a Ross retrial seven years ago this week, but attempts to schedule the trial have been hampered repeatedly by legal issues that the prosecution and defense attorneys hope to resolve pretrial.

    Ross, now 45, is being housed at the State Correctional Institution at Mahanoy for the June 2004 murder of Tina S. Miller.

    Miller was 26 years old when her body was found partially submerged near a boat launch at Canoe Creek State Park in Frankstown Township.

    Her mouth and wrists were bound with duct tape.

    Death was the result of strangulation and drowning, according to the finding of the Blair County coroner.

    The prosecution sought the death penalty, but a jury in 2005, after finding Ross guilty of murder in the first degree, refused to impose death. Instead Ross was sentenced to life plus 24 to 48 years.

    A three-judge panel concluded on May 13, 2011, that Ross did not receive a fair trial.

    His Altoona attorney, Thomas M. Dickey, did not have time to adequately prepare his defense, the panel ruled.

    A second issue was that the prosecution’s introduction of “prior bad acts” by Ross to explain his possible “motive” for killing Miller. This consisted of testimony from a former wife, a girlfriend and a fiancee, who talked about Ross’ violence toward them.

    The Superior Court ruled that the bad acts testimony involved women with whom Ross had longtime relationships and thus was not consistent with the facts of the Miller homicide in which the victim and Ross met at a private party on the evening of June 25.

    Since the retrial was ordered, several major issues have come to the forefront.

    Blair County District Attorney Richard A. Consiglio initially fought to have the Ross verdict restored. That was rejected.

    He then announced that he would seek the death penalty, a proposal that Ross’ death penalty attorney, Thomas K. Hooper of Blair County, fought in the appeals courts, contending that it would expose Ross to double jeopardy because the trial jury had rejected the death penalty.

    The defense lost on that issue, and the death penalty remains on the table.

    Consiglio has stated he intends to utilize bite mark evidence that allegedly shows a mark on the victim’s body was “consistent” with Ross’ bite, although not conclusory.

    The defense is challenging the introduction of bite mark evidence and has brought a representative of the New York-based Innocence Project, Chris Fabricant, into the case.

    Fabricant in an argument before former Blair County President Judge Jolene G. Kopriva argued the scientific community has turned against bite mark evidence, and he stated 29 convictions nationwide have been overturned due to such faulty evidence.

    Consiglio contended bite marks remain accepted in the scientific community.

    The judge refused to grant a Frye hearing to test the continued use of bite mark science and refused to bar its use during the Ross retrial.

    That led Dickey to appeal the ruling to the Superior Court, but the court has refused to provide pretrial guidance on the issue.

    “The petition for permission to appeal is denied,” stated the Superior Court in an unattributed order Wednesday.

    The ruling however does not clear the way for the retrial.

    The defense can ask for hearing before a larger panel of the Superior Court or can ask for a review by the Pennsylvania Supreme Court.

    A third defense option is to allow the case to return to the Blair County trial list but continue its opposition to the use of bite mark evidence.

    The defense also has requested a change of venue — an issue normally resolved in Blair County during jury selection — because of extensive publicity in the Ross case.

    Also, a defense DNA expert, Dr. Richard Saferstein from New Jersey, who was expected to testify, has died. The defense will need time to find a new expert witness.

    Attorneys involved in the case are under a gag order barring public comment.

    http://www.altoonamirror.com/news/lo...peal-rejected/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Ross trial jury selection to start

    Potential jurors to report today and Tuesday

    By Altoona Mirror

    HOLLIDAYSBURG — Efforts will begin today at the Blair County Courthouse to seat a jury for Paul Aaron Ross’ pending murder trial in the 2004 death of 26-year-old Tina S. Miller of Hollidaysburg.

    Potential jurors will report today and Tuesday to complete lengthy questionnaires about themselves, their knowledge of the case and a willingness to consider the death penalty in case of a first-degree murder conviction.
    Jurors returning Wednesday and Thursday will be subject to additional questioning aimed at seating an impartial panel of 12 jurors and at least four alternates.

    In preparation for this week’s proceedings and Ross’ trial starting April 12, President Judge Elizabeth Doyle issued an order with rules addressing courtroom seating and behavior.

    The trial is slated to be conducted in the courthouse’s largest courtroom, where the jury box was modified last year so jurors can sit farther apart, thereby reducing the potential COVID-19 exposure.

    The judge’s order restricts gallery seating to five seats for Miller’s family and friends, five seats for Ross’ family and friends, five seats for media and 10 seats for the general public on a first-come, first-served basis.
    Those attending the trial are barred against audio and visual recordings inside the courtroom.

    Additional rules within the order can be reviewed on the county’s website, www.blairco.org.

    Ross’ pending trial marks another milestone in what has been a lengthy saga that started June 26, 2004, the day Miller’s body was found partly submerged in the lake at Canoe Creek State Park. Her arms and mouth were restricted by duct tape and her body showed signs of physical and sexual assault.

    Police arrested Ross that day after collecting evidence indicating that he and Miller had been at the park together in the hours before her body was discovered.

    While the 2005 trial led to a first-degree murder conviction and a life-in-prison sentence for Ross, both were vacated in 2011 when the state Superior Court ordered a new trial based on its review of 2005 trial preparations and proceedings.

    In a 30-page opinion, the Superior Court accepted the argument that Ross’ defense attorney, Thomas M. Dickey, didn’t have enough time to prepare for trial. After accepting the case two months before trial, Dickey asked three times for the trial to be delayed, but his requests were rejected.

    According to the Superior Court ruling, that created a “fire drill scenario” for Dickey who had to review a plethora of evidence and find experts to testify in defense of his client.

    The Superior Court also ordered a new trial after finding fault with testimony rendered by three female witnesses who spoke of abuse they endured while in relationships with Ross. While the women described beatings that were portrayed as similar to Miller’s beating, the court said there was nothing specific about their testimony that allowed it to be offered in support of linking Ross to Miller’s death.

    The Superior Court ruling generated an appeal, followed by numerous legal arguments and additional appeals that stretched over nine years before Ross was on the brink of trial in late November. That’s when an increase in local COVID-19 cases surfaced, prompting Doyle to restrict or cancel in-person court proceedings, including Ross’ trial that had been slated for December.

    https://www.altoonamirror.com/news/l...tion-to-start/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Ross takes plea deal in retrial ahead of jury verdict

    By WTAJ News Staff

    BLAIR COUNTY, Pa. (WTAJ) — Paul Aaron Ross has accepted a plea deal in his murder retrial ahead of the jury announcing a verdict.

    Ross will reportedly be pleading nolo contendere to 3rd degree homicide. Nolo contendere is a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.

    Originally facing the death penalty, he will now face possible sentencing of 20-40 years imprisonment for the murder charge.

    The plea is no contest and also includes charges of aggravated assault, involuntary deviant sexual intercourse, and unlawful restraint. His total sentence could face up to 85 years imprisonment.

    Ross’s defense has asked the court to accept a plea of 42-84 years and credit for time served. The judge has reportedly accepted these pleas. Any verdict reached by the jury will be nullified.

    Ross was previously convicted on murder charges in the 2004 death of Tina Sabrina Miller. He was granted a retrial in 2011 after defense attorneys appealed to the State Superior Court saying Ross didn’t receive a fair trial in 2005.

    https://www.wearecentralpa.com/news/...edium=referral
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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