Ex-photo Editor Found Not Guilty

Posted: March 23, 1988

A Delaware County judge yesterday found a former Inquirer photo editor not guilty of charges that he had sexually assaulted one of the newspaper's part- time photographers.

Judge Frank T. Hazel deliberated for about 10 minutes before ruling that the state had "failed to meet its burden of proof" against Daniel S. Miller, who was accused of once exposing himself last July to the 35-year-old photographer in a darkroom and of forcing her to perform oral sex on three other occasions.

After the verdict, Miller, 37, of Newark, Del., wept in the arms of his wife, Kathy, who had testified in his defense. Miller had waived his right to a jury trial.

Attorneys said the trial, which lasted a day and a half, had turned on whose account of events the judge was to believe - Miller's or the woman's.

"The judge had a credibility case in front of him, and he made his decision," said the prosecutor, Assistant Delaware County District Attorney Louis Stesis.

In closing arguments, defense attorney John Morris of Philadelphia had said that the woman's accounts of the alleged assaults "invite disbelief" because the prosecution presented no corroborating witnesses.

For example, he said, there were no witnesses who supported the woman's testimony that Miller twice grabbed her by the neck and dragged her to his car, once from inside The Inquirer's busy Springfield, Delaware County, bureau, and once from a crowded restaurant.

Miller still faces trial in Montgomery County Court on charges of rape and sexual assault in connection with an alleged incident July 26 at the same woman's apartment in Lower Merion Township. The trial is scheduled to begin April 4.

Miller had been the photo editor at The Inquirer's bureau in Springfield. He resigned from the newspaper Aug. 4, two days before being charged in the Montgomery County case.

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