Healdsburg murder case defendant alleges investigatory misconduct, files to dismiss charges

The defense attorney representing a Healdsburg man who filed a court motion Friday to have the case against his client tossed out on the grounds of investigatory misconduct.

Citing what he described outside of court as an “outrageous instance of government misconduct,” defense attorney Joe Bisbiglia announced the filing of two motions against Sonoma County prosecutors and law enforcement.

Bisbiglia is representing 29-year-old Cloverdale man Jarrod Miller on the charge that he murdered his sister's boyfriend, in March at the

The first motion was to have the case against Miller thrown out completely, based on what Bisbiglia alleges were two instances of police misconduct, both of which relate to a recording device used by investigators when Miller was visited in jail by his half-brother on March 14.

“The motion revolves around the recording device that was placed in visiting booth, which picked up another coversation between one of my colleagues (in the public defender's office) and his client,” Bisbiglia said later.

"We are also alleging that (Miller's half-brother) was allowed to visit without the proper authority," Bisbiglia said. "There is no evidence that he (received permission) from the person in charge of the jail to visit, which is a violation of the penal code.”

The second motion was to have Sonoma County prosecutors be removed from the case and replaced by either representatives of the California Attorney General's office or a different prosecutorial jurisdiction. 

“Essentially, the Attorney General will get a notice of our motion, and then the ultimate decision to approve it or not will be with Sonoma Superior Court,” Bisbiglia said. “If it's approved, it will go to the Attorney General, who will either prosecute it themselves or appoint another (California-based prosecutor). I have no preference with that either way.”

Jamar, who led the prosecution at Friday's hearing, declined comment, saying he had not yet had a chance to review Bisbiglia's motions. Ravitch was not present due to a scheduling conflict with county budget sessions, Jamar said.

“I haven't had the opportunity to review the motions, and I can't respond without reading the allegations,” Jamar said outside of court. “We will have to assess what our response will be, if we need new witnesses – anything like that.”

Sonoma County Superior Court Judge Arthur Wick scheduled Miller's next court date for June 13, at which time a hearing date will be set to deliberate the motions. That hearing was not scheduled Friday because Jamar said prosecutors needed time to review the motions before responding to the hearing request.

Meanwhile, Jamar requested during Friday's hearing subpoenas for four different sets of records.

Those include: records from Bank of America; records from a trade school in Las Vegas; and records from Cabela's Sporting Goods store in Nevada.

Jamar would not elaborate on the reasons for requesting subpoenas of these particular records.

Miller, who has remains in custody at . He appeared in court Friday dressed in prison garb. Several members of Miller's family and at least one relative of  Tim Neuer's were also present.