Defense claims police cover-up as trial begins for man charged in East Huntingdon shootout

The lawyer for an East Huntingdon man charged with the attempted murder of two state police officers told a Westmoreland County jury Monday that the case against her client is based on a police cover-up.

In her opening statement to jurors, defense attorney Jill Devine claimed officers concocted evidence to support what she called “sketchy behavior,” which led James R. Miller to exchange gunfire with authorities on Jan. 28, 2024, at his home in East Huntingdon.

“They gunned him down in his driveway,” Devine said. “They messed up, did badly and now they need a cover-up story. This is a complete fabrication. They know they are lying. I know they are lying, and at the end of the trial, you will know they are lying.”

Miller, 63, is on trial on 21 counts, including charges of attempted murder, aggravated assault, assault against law enforcement officers, reckless endangerment and other related offenses.

Prosecutors say Miller fired on police as they investigated a neighbor’s report that a bullet was found in the attic of a nearby home and gunshots were heard in the area. Police claim that as they conducted a routine canvassing of the neighborhood, Miller walked out onto his front porch and fired multiple rounds from a shotgun.

Troopers returned fire and struck Miller in the chest.

“The incident is on video,” Assistant District Attorney Anthony Iannamorelli told jurors. “You will see the defendant come outside and start blasting, shooting twice, causing those troopers to return fire. When you see that video, you will have no doubt, reasonable or otherwise, the defendant had intent to kill two troopers.”

Devine claimed she will prove the police and prosecutors fabricated evidence to support their case after realizing they acted improperly. She said the evidence that will be presented at what is expected to be a weeklong trial was “reverse engineered” to support the prosecution’s investigation.

During pretrial hearings, Devine suggested Miller was targeted in response to another shooting incident investigated by police and prosecuted by the district attorney’s office in which her client was the alleged victim. Devine has sought to subpoena District Attorney Nicole Ziccarelli as a defense witnesses, a request that has yet to be ruled on by Common Pleas Judge Scott Mears.

Testimony in the trial begins Tuesday morning.