Death of Catherine Miller

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Death of Catherine Miller

Seventy eight year old Catherine Miller’s death came as a shock to neighbors in their Westcliff community. Described as quiet and sweet, she had worked more than 40 years for W.A. Brown & Sons Refrigeration Company in Salisbury, North Carolina.

Despite her age, she wanted to keep working and had never been late for her job as an accounting clerk. She was in good health.

The police theorized that Miller was killed shortly after returning home from work at about 5:30 p.m. on December 8, 1993. She would have to have been killed between 5:30 p.m. and 8:00 p.m. because her purse and credit cards were found on the street in a known drug area at 8:15 p.m. the same evening [404(b) Hearing TP. 147].

The jury never heard that Kay Weden had told investigators in a statement on December 14, 1993, that the day her mother was killed, she was talking to me on the telephone between 5:30 and 8:00 p.m. which is the same time frame police later theorized Mrs. Miller was killed (Statement of Kay Weden, December 14, 1993, Pg. 3, Paragraph 4).

At trial, an uncharged crime was also allowed into evidence – the murder of my ex-fiancée’s mother, Catherine Miller, who was found shot twice, four days after Gunnarsson was last seen alive.

At the trial, the State argued that I killed both Gunnarsson and Miller in fits of jealous anger. I was never charged with Miller’s death, but the prosecution argued the “theory” that her murder was similar to Gunnarsson’s and it tended to show the same motive for revenge. The jury clearly rejected the state’s evidence that I killed Miller.

The State Supreme Court has ruled in prior cases that similar or uncharged crime evidence is admissible if it is substantial evidence tending to support a reasonable finding by the jury that the person has committed a similar crime.

The state argued that both murders were similar in that 1) both Gunnarsson and Catherine Miller died of being shot twice in the head; 2) both shootings took place between December 3 and December 9, 1993; 3) both individuals were close to Kay Weden.

However, the dissimilarities between the two cases are far greater than the similarities.

First, the evidence in the case shows Gunnarsson was shot with a .22 caliber bullet that could have been fired from ten or twelve different models of weapons, while the evidence shows that Miller could have been shot by a .38 caliber, 9 mm or .357 caliber weapon.

Second, the evidence shows that Gunnarsson was shot in the left temple and right neck with the bullets coming from different directions. Miller was shot twice in the top of the head.

Third, according to the state’s theory, Gunnarsson was kidnapped from his Salisbury apartment and driven to an area in Watauga County known as Deep Gap where he was murdered in a wooded area. Miller was shot in her own home.

Fourth, Gunnarsson was a forty (40) year old male found nude. Miller was a seventy seven (77) year old female found fully clothed.

Fifth, there was no evidence of a robbery in the Gunnarsson case, however, Miller’s home was in disarray and several items were missing including her jade ring which was never located. Miller’s wallet was found on a public street in a known drug area [404 (b) Hearing, TP. 147]. Gunnarsson’s wallet was found at his home by investigators. By her grandson, Jason Weden’s own admission to police, he had been involved in drug deals that went bad.

Sixth, there was evidence presented at trial that I had never met or seen Gunnarsson or that I even knew who he was (Volume IV, TP. 1425). Miller and I had known each other for over a year and a half.

Seventh, by Kay Weden’s own admission, she only knew Gunnarsson casually [404(b) Hearing, TP. 27]. The state claimed on appeal that Weden was close to him. Miller was Kay Weden’s mother.

Eighth, there was absolutely no evidence that I had ever been to Gunnarsson’s apartment or inside it (Volume IV, TPP. 1425-1426). I had been to Miller’s home on many occasions.

Ninth, there was no evidence that Gunnarsson was employed or what he did for a living. Miller had been employed at the same place for over 40 years.

Tenth, Gunnarsson was a Swedish citizen and was accused of killing the Prime Minister of Sweden in 1986. Miller had lived in Rowan County all of her life and had never been in any trouble.

More importantly, 1) there was no blood evidence linking me to Miller’s death; 2) there was no hair evidence; 3) there was no fiber evidence; 4) there were no foot or shoe impressions; 5) there was no confession; 6) there was no evidence I had ever made any threats to Miller; 7) there was no firearm linking me to the crime; 8) there were no eye witnesses; 9) there was no fingerprint evidence; 10) there was no motive except a theory the state used at trial that I committed the crime; 11) there was no evidence that I stood to benefit from Miller’s death; and 12) there was no evidence that I ever told anyone that I wanted Miller dead.

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