Robbery Participant Testifies Despite Threats
By Todd Cooper, Omaha World-Herald, Neb.
Mar. 6–Paul Miller says he’s a marked man.
The 21-year-old took the stand Wednesday and testified against James Branch, his childhood friend and the man he says was his accomplice in the robbery and kidnapping of Benson businessman James Clark.
But before he did so, Miller was reminded of the risk he takes for testifying.
On the van ride from the Douglas County Jail to court, another inmate threatened to harm Miller, according to Miller and Douglas County sheriff’s deputies.
Miller insisted he is telling the truth of what happened July 16 at Clark’s auto storage and sales business near 61st Street and Military Avenue.
But Branch’s attorneys, Julie Frank and Mary Gryva, questioned the nobility of Miller’s intentions and the credibility of his words. They say Miller lied repeatedly to police — and suggested that Miller was lying in court to try to get a favorable sentence from the judge.
Prosecutors James Masteller and Michael Jensen say Miller isn’t getting a sweetheart deal, noting that he faces up to 75 years in prison after pleading guilty Wednesday to the original charges against him: robbery, first-degree assault and false imprisonment.
Clark, now 66, barely survived the savage attack.
The trial is expected to wrap up today. If convicted, Branch, 22, faces life in prison for kidnapping and 50 years for robbery.
Authorities have no physical evidence linking Branch to the crime scene. No fingerprints. No DNA. No surveillance photos.
Instead, they have Miller.
Here’s what Miller said happened:
Branch, Miller and a third man went to Clark’s business on July 10, acted like they were shopping for used cars and scoped out the business. (Police are still looking for the third robber.)
The three left. Four days later, Miller said, he and his friends were “kicking it with some females” at Branch’s mom’s apartment — smoking pot and drinking beer.
That night, Miller said, Branch brought up the robbery idea again. The three agreed that Clark — at the time, a slender 65-year-old — would make for an “easy lick,” or robbery victim.
They agreed on their roles: Miller would be the lookout; their friend would grab Clark, and Branch would punch him before binding his hands and feet with tape, putting him in the office and robbing his business.
Their goal: The three would grab money, keys and car titles and return later to steal cars and sell them on the street.
On July 16, the three executed the plan. Miller said the third robber acted like he wanted to purchase a car.
The third robber then held up Clark with an arm bar across the neck, and Branch punched Clark in the face, Miller said.
Miller said he ran out of the business and hopped in the car.
Minutes later, Branch emerged and told Miller to pull into the business through a rear garage. Miller did. As he drove in, he said, he saw Clark’s false teeth on the ground.
But Miller said he didn’t realize that his accomplices had stuffed Clark in a car trunk until he and Branch saw a news report later that night.
After rooting through Clark’s office and business, Miller said, the three left and used Clark’s credit cards at several gas stations. At each one, they would swipe Clark’s credit card at the pump and offer people half-price on gas in return for cash.
Their plan eventually was foiled when a customer complained at one of the gas stations.
Frank hammered away at Miller’s testimony.
She questioned why Miller didn’t say anything to Branch when he learned that his accomplices had stuffed Clark in the trunk.
“You didn’t say hey, what’s the deal — you told me we were only going to duct tape the guy?”
“No, I did not,” Miller said.
She also questioned why Miller lied to police when he was arrested three days later. She noted that Miller never mentioned anything about planning the robbery until this past Saturday, when he met with a detective prior to this week’s trial.
She also pointed out that Miller once was arrested for giving a false name to police during a traffic stop.
“You lie to get the best deal for yourself, don’t you?” Frank asked.
“I lie to try to get out of (things),” Miller said.
However, Miller said, he wasn’t trying to get out of this one; he was telling the truth.
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