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Judge: Defense Attorney Must Give D.A. Info About Eric Miller's Death

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WAKE COUNTY, N.C. — A Wake County judge ordered defense attorney Rick Gammon to tell the district attorney some of what he knows about the murder of researcher Eric Miller.

Gammon must tell police what his client said about the"activities and statements of a third party" in Eric Miller'sunsolved death nearly three years ago, Wake County Superior Court Judge Donald Stephens ruled Thursday.

Miller, 30, died Dec. 2, 2000 of arsenic poisoning. Slightlymore than a month later, Gammon's client, Derril Willard Jr.,killed himself.

Police have said Willard was having an affair with Miller'swife, Ann. The 37-year-old Willard refused to talk withinvestigators after Miller's death and met with Gammon severaltimes before committing suicide.

No one has been charged in Miller's death.

Gammon had been ordered to provide a sealed affidavit outlininghis conversations with Willard so a judge could determine whetherany of it was relevant, and whether releasing details would violateattorney-client privilege.

Judge Donald Stephens said Thursday that nothing in theaffidavit would incriminate Willard in Miller's death. But he saidWillard gave Gammon information regarding a third party, unnamed inthe ruling.

"The information regarding activities and statements of a thirdparty are not privileged and are therefore subject to disclosure"to authorities, Stephens ruled.

Yvette Willard, Derril's wife, said she is pleased about the judge's ruling.

"I am pleased with the judge's ruling and very gratified that he did say there was nothing incriminating to Derril," she said. "Yesterday was Derril's mother's birthday and she said that this was the best birthday present she could have gotten."

Gammon has been ordered to give the information to Wake County district attorney Colon Willoughby by Oct. 10. Gammon said Thursday he would appeal the decision to the stateSupreme Court. A phone call to his attorney, Joseph Zeszotarski ofRaleigh, was not immediately returned.

Police Lt. Chris Morgan, who has led the investigation, said hewas "very encouraged" by the judge's ruling.

"I think we grow closer to the truth and to justice every daynow," Morgan said.

Last month, the state Supreme Court upheld a 2002 ruling byStephens that ordered Gammon to provide information about thosemeetings. The judge wanted to read Gammon's affidavit in privateand determine whether it is critical enough to give to authorities.

In the ruling, the court said Willard could have implicatedanother person without implicating himself, and that any suchconversation would not be privileged.

Police said that Eric Miller first became ill after a November2000 bowling outing with several of his wife's co-workers. One ofthem was Willard, who served Miller a beer that Miller said tastedfunny, according to a brief filed with the state Supreme Court.

Police also said they seized an arsenic compound from the labwhere Willard and Ann Miller worked.

Ann Miller has since moved to Wilmington, and has refused totalk to the investigators since the day of her husband's death.

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