March 13th, 2022
MO8
Final Exam Part One
My discussion concerns an experience with the criminal court system as my final exam. The person I am speaking about is myself. The criminal case I refer to is my first involvement at sixteen, which was unexpected. My life changed forty-one years ago, including my family’s and many others. The trial planted moral and civil obligations by exposing me to the legal criminal court system.
How did I get involved with the legal system? My first experience with the legal system changed my life. It is vital to explain where everything started from 1980 to 1981. My parents had been married for over ten years, and they had marital issues for many of those years. Their relationship was toxic. Between September and December 1980, Mom filed for a legal separation to start a divorce proceeding. Dad moved out and went to his mother’s house during the fall.
Christmas (1980) was upon us with the excitement of decorating the house and preparing for the holidays. On December 24th, 1980, our family visited a friend’s home. Mom, my sisters Genine and Linda, and I enjoyed an evening of celebration. It was getting late, so we left for home around 10:45 p.m. Mom parked in the back driveway: we noticed the house lights were not how we left them. I went into the house while everyone stayed in the car. I heard someone inside, but I entered the house and went upstairs. Someone grabbed me! I ran backward down the steps, headed outside, and got in the car. I realized it was Dad, and he had a gun. Dad ran to the front of the vehicle and then started shooting across the windshield. Mom and my sisters were in the front seat. At least five to six bullets struck the car; two of those bullets hit my older sister (Genine). While we were at the hospital, they arrested Dad. In January (1981), Dad was charged with attempted murder, and bail was set at his court arraignment.
After the Christmas incident, we moved out of the family home in January 1981 into a four-plex. Our fear continued because of being followed and stalked. We were settling into our new place and looking ahead to spring. Easter was upon us; that year, it was on April 19th, 1981. On Easter Sunday, we planned to attend the morning service at church. Mom and her boyfriend Larry were not coming with us. After the service, we intended to go home for lunch. During the morning, Dad called Mother and said he wanted to see us kids. After lunch, around 2’ish p.m., Mom, Genine, and Linda drove to see Dad at his mother’s house. Mom and the girls arrived home about an hour and a half or two hours later. I ran to the back door as they parked in the back driveway. I watched everyone get out on the passenger side of the car. Dad was holding mother at gunpoint. Everyone walked into the house. We all went into the dining room, where they started arguing. Larry was upstairs, so Dad called him down; he stopped halfway on the stairs.
Mom got up from her chair to enter the kitchen; Dad shot toward Larry. I escaped through the front door to call the police. My sisters left the house a few minutes later and ran to the bar across the street. Then I ran behind the four-plex to peer through the window. The police showed up, and I handed my keys to them to enter through the backdoor. The detective on the scene took Genine and me to the police department to get our statements. Because of this crime, I was exposed to the criminal legal system.
My personal experience with the criminal system was frightening. Still, I did not know what to expect when we arrived at the police station. I felt alone. I had no support from my family during those difficult times. I was placed in a room with two detectives. One was writing, and the other detective was asking the questions. Here is a link to my statement; Police Statement (1981) – Greg MD Blog (wordpress.com). I did not understand the process or why the detective kept me instead of being with my mother. After the interview, I rejoined my sister. We were with two family friends. That is when we learned that Mom had died. The news at eleven o’clock p.m. covered the shooting. During the news coverage, we learned that Larry had also died. The state did not allow us to leave Ohio. My grandparents had to sign legal documents. They needed to take us to Texas for our mom’s funeral. We stayed there only for a month.
Upon returning from Texas, I was placed in a foster home because I had no biological family in Ohio. Later that summer, Genine and I moved to Texas. A year later, we received a subpoena to appear in court. The State of Ohio flew us back to Youngstown in January 1982 for trial. We did not know what to expect. This was our first experience in a criminal trial. Upon our arrival, we met with the district attorney, including our mother’s attorney. Here is part of the trial transcript of my testimony on my blog: https://capogreco.wordpress.com/2018/01/18/trial-transcript-from-1982/.
I researched LexisNexis for the trial State vs. Miller, NO. 82 C.A. 8, 1983 Ohio App. LEXIS 12222 (Ct. App. November 8th, 1983) court documents for details. . . Nonetheless, this is my first time reading the court outcome by Judge O’Neil. The appellant’s legal counsel assigned errors and the court found that the appellant’s third error had merit. According to law, the superior court remanded the trial court to correct their mistake by entering the proper sentencing.
For the prosecution to use a strategy of premeditation, they needed to show intent. The district attorney’s office used the shooting on December 24th, 1980, to show intent. They aimed to cause harm on April 19th, 1981, resulting in the murder of two people. To read more about the trial, visit my blog: Court Doc 1983 – Greg MD Blog (wordpress.com). Budd W. Miller, Defendant-Appellant, was sentenced to two counts of murder and felonious assault. For each murder, count 15 to life and 5-15 years for felonious assault. The judge ordered all sentencing served consecutively.
Starting in 2006, Budd had many parole board hearings throughout the years. I felt it was my moral and civil duty to attend each one. Each time Budd was up for a hearing, the State of Ohio parole board contacted me. I participated by video, in person, or by writing a letter to the parole board.
A group called block parole attended one of the parole hearings to block the release of Budd being paroled. Block parole had all Budd’s information, including his crimes, and they kept track of future hearings. The https://www.blockparole.com/budd-miller/ – Greg MD Blog (wordpress.com) petitioned the parole board not to release the offender.
Ohio’s parole system has a two-step process. The offender goes in front of the preliminary parole board, which decides if they’re released. If the inmate is recommended for release, the parole board in Columbus, Ohio, will approve or deny their freedom. When this happens, families, the DA office, and even blockparole.com can petition the twelve-member parole board to speak against the inmate’s release.
Budd had an entire parole board hearing in December 2012. Once we learned a scheduled date, we coordinated a video conference to speak at the hearing. If our family had not participated in Budd’s parole hearings, he would have been a free man!
In conclusion, my experience has helped me pursue an education in the law. No one should ever endure what I have experienced. As a child, I watched my mother being abused. She paid the ultimate price to protect her children. The exposure to Dad’s crime has given me an interest in continuing my education. I did not have the opportunity to finish it as a teenager. Now, forty-one years later, I can make a difference in my life and others!
Written by: Greg MD
Greg MD Blog 
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