the charge at a later date. The dismissed charge had been
listed as Count Two against Mr. Miller. In that charge, the state
alleged that Mr. Miller attempted to discard a notebook in his
possession during his February 12, 2001 arrest at a Wild Oats
store in northeast Albuquerque.
Prosecutor Jack Burkhead explained that a witness related
to Count Two was not available at this time. For that reason,
he agreed that Count Two should be dismissed without prejudice.
Mr. Burkhead, though, seemed intent on having another witness
testify regarding a separate tampering charge. He explained that
an arrest warrant has been filed for Rick Carlson. The warrant
would not land Mr. Carlson in jail, rather it is intended to
force him to appear on the witness stand. Mr. Carlson, the prosecutor
told the judge, is not cooperating with the state's request of
him to testify.
In a 1999 interview with Albuquerque Police detectives, Mr.
Carlson explained that he had known Mr. Miller for about two
years. He explained that he was introduced to Mr. Miller at a
luncheon group at Minato's Restaurant on Montgomery where the
group discussed topics related to the paranormal.
No doubt, the relevance of many statement made by Mr. Carlson
to police in 1999 will be challenged by Mr. Miller's defense
attorney Ray Twohig.
Mr. Miller faces evidence tampering charges. Nothing more.
Nothing less.
The tampering charges relate to Mr. Miller's eating of business
cards from his wallet while in custody shortly after his arrest.
A police security camera at APD's northeast substation recorded
this moment while Mr. Miller's hands were cuffed in front of
him. The tape is expected to be played in court.
Another tampering charge is connected to a partially burned
business card found by police in Mr. Miller's fireplace.
