Coroner pleads 'not guilty'

Perry County Coroner Herbert Miller entered a plea of “not guilty” on Friday to charges of theft and financial exploitation of the elderly.

Miller was arrested Jan. 13 and charged with financial exploitation of an elderly person and stealing, both Class B felonies when a state investigation concluded Miller, age 65, allegedly took more than $80,000 from a 94-year old woman over whom he was appointed durable power of attorney.

Cape Girardeau attorney Stephen C. Wilson is representing Miller.

Friday morning at the Perry County courthouse, Miller, waved his arraignment before Cape Girardeau Circuit Court Judge Benjamin Lewis, and a trial date was set for May 9.

Prior to his arrest, Miller had been the subject of an investigation conducted by the Missouri Department of Health and Senior Services, Special Investigation Unit. According to a probable cause affidavit, Miller was appointed the power of attorney for the victim in Jan. 2004. She became a resident of a local nursing facility in August 2008, after being diagnosed with dementia and other cognitive disabilities.

During a preliminary hearing in February, Andrea Southard, billing manager for the nursing home where the alleged victim is a resident, said a billing issue arose with the elderly woman, prompting Southard to contact Medicaid to determine if anyone had applied for assistance on the woman’s behalf.

According to her testimony, upon learning no application for assistance for the elderly woman was on file with the state, Southard asked Miller to bring the woman’s financial records so she could review the information and submit an application.

It was then discovered a number of checks were written for cash or to Miller’s personal business, a Perryville funeral home.

The coroner admits to writing the checks, but claims they were gifts from the victim.

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Coroner pleads 'not guilty'