My Felony Murder Conviction
by Theresa Lee Miller
On September 6, 1980, I was arrested in Miami-Dade County after I admitted to police that I helped 3 men commit a robbery in a downtown Miami Hotel. According to the police, one or more of the men killed that robbery victim after I left the hotel. I witnessed a hit and run accident in North Miami Beach at the same time of the robbery victim’s established time of death. A security guard was with me when I witnessed the hit and run and police included my name on that police report. In sum, there was enough evidence to demonstrate that I was in North Miami Beach when the robbery victim was killed. I was not present at the time of the homicide, nor did I participate in the homicide. I did contribute to the commission of the robbery, which made me a principal to the robbery. This, in turn, caused me to be a principal to the murder.
I went to trial, and the jury convicted me of first degree felony murder based on my participation in the robbery. My participation in the robbery (unarmed) was established solely by my own admission. Aside from that, there was no evidence to connect me to the crime. Still, my participation in the robbery left the jury no choice but to follow the law and convict me. My trial took one day and it was one of the first televised trials in the state. A prime time TV network used my trial to produce a documentary called “Assembly-line justice”. In less than 24 hours, I was tried, convicted, and sentenced to life in prison on March 5, 1981. My entire trial transcript is 282 pages.
On appeal my lawyer argued that I could not be convicted of first degree felony murder because I was present at the time of the murder. The 3rd District Court of Appeals concluded that it didn’t matter if I was not present. Based on my participation in the robbery, I was guilty of felony murder. Shortly thereafter, the jury instruction was amended to include a sentence that states a person can be a principal even if they are not present during the commission of the crime.
I was 23 years old when I was arrested, and 24 when I was convicted and sentenced. Today, I am 50. I had an initial parole interview in April, 2004. The parole commission conducted a hearing in May, 2004 and my presumptive parole release date is May 6, 2033. If I live until then, I will be 77 years old, with no social security, no insurance, and no source of income. One mistake has cost me most of my lifetime, despite the fact that I have never, ever killed anyone, and many people who have committed murder - even brutal murders - serve far less time.
