Judge Trish Rose after hearing all the arguments and testimony on Monday in the case of a Hutchinson woman serving 25-years to life for the murder of her mother issued a written opinion Friday afternoon on her motion to withdraw her plea. She denied the motion of Tracie Miles saying “the defendant has not satisfied her burden of showing manifest injustice and the motion to withdraw the plea is denied.”
The appeal started after now retired Judge Richard Rome ruled he had no jurisdiction to hear arguments in the effort of Miles to withdraw her no contest pleas in the 1998 death of her mother. She then appealed and the Kansas Supreme Court who remanded it back to District Court.
Miles had filed a motion with out a lawyer arguing the court refusing to do so would amount to “manifest injustice.” But, the judge agreed with the state that she had 1-year to file the motion and failed to do so. But, a Supreme court ruling in another case made it so she in fact did file it in a timely manner.
In her motion that she alleges she didn’t understand what she was doing when she entered the pleas. She says her lawyer at the time, Tim Frieden scared her by telling her if she didn’t take the plea, she could get the death penalty or a “Hard 40,” sentence. But, District Attorney Keith Schroeder argued at the time she was told of her rights even signed of advice of rights form.
Miles was 17 when she and her 19-year-old boyfriend, Paul Nelson, were arrested for the murder of Miles’ mother, Sandra Kay Miles. Her body was found March 30, 1998, in her Hutchinson home. She had been struck with a wooden bear statue, then strangled. The two pleaded no contest to intentional first-degree murder, aggravated robbery and forgery, and received “hard 25″ sentences in 1999.
Again Judge Trish Rose denied the motion meaning she will continue to serve the sentence handed down by Judge Rome.