Miller died from arsenic poisoning in December 2000. Defense Attorney Rick Gammon represented Derrill Willard, a man police believe had an affair with Miller's wife, Ann. Willard killed himself shortly after Eric Miller's death.
In September 2003, Gammon turned over to a judge a sealed affidavit that reportedly had information about a third party involved in Miller's death.
Gammon told WRAL he would do everything possible to keep the information private.
"I'm very dedicated to trying to make sure the attorney/client privilege stays intact and that it's not eroded," Gammon said in October 2003.
Prosecutors said the information Gammon has is key to solving the case. Investigators have not named any suspects, but they have had their eye on Eric Miller's wife, Ann. She now lives in Wilmington with her new husband.
The state Supreme Court is scheduled to hear the appeal in March.
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