BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON -- The case against a Michigan man this spring had almost all the elements that attract big attention: a lured teen-age girl, the FBI, the Internet. But not sex.
The lack thereof left federal authorities conceding they didn't have enough evidence to prove the case on their level.
An agreement among federal prosecutors, Kenton Commonwealth Attorney Don Buring and the defense sent the matter instead to a Kenton County grand jury, which indicted William Miller for the lesser offense of custodial interference.
Mr. Miller faces much less prison time this way.
"They can't meet the element of sex -- that's the problem," said Dave Fessler, Mr. Miller's attorney.
Mr. Miller, a 25-year-old husband and father from Saginaw, is accused of developing a cyberspace relationship with the Villa Hills girl over seven months. Later, her 14-year-old boyfriend from Edgewood got involved, too. Police said the girl told Mr. Miller she was abused by her family and was active sexually. Police think neither is true.
The computer talk and, later, phone conversations led to Mr. Miller's driving to Northern Kentucky on Feb. 28, picking them both up and taking them to a Michigan hotel room. They were found within hours.
An interview videotaped by Michigan police just after Mr. Miller's arrest damaged the prosecution's case, Mr. Fessler said. In it, the teens talked about what happened during the trip.
"It was pretty clear there," he said, that sex "was going to be tough for them to prove."
Mr. Miller was indicted in March on two charges: traveling with the intent of engaging in sexual activity with a juvenile and transportation with intent to engage in criminal sexual activity.
Mr. Miller plans to plead guilty to the new charge of custodial interference, Mr. Fessler said.
Mr. Miller could be sentenced to as much as five years in prison on the felony, but his attorney said he hopes for probation because Mr. Miller has no previous criminal record. The two federal charges carried as much as 10 years in prison each, plus fines of up to $250,000. U.S. District Judge William O. Bertelsman ordered the federal allegations be dismissed as soon as the case is resolved in the lower court.
