Trial delayed again: Ex-cop in missing drug case fires attorney as jury selection got underway

Brian Miller talks with his Public Defender at his July 2020 arraignment and plea hearing in Kona Circuit Court. (Laura Ruminski/West Hawaii Today) Brian Miller talks with his Public Defender at his July 2020 arraignment and plea hearing in Kona Circuit Court. (Laura Ruminski/West Hawaii Today)
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A former Hawaii Police Department officer slated to stand trial last week on charges stemming from a May 2019 indictment for allegedly stealing cocaine from a police evidence locker in Hilo back in May 2016 received a continuance after firing his court-appointed attorney.

Brian Miller, a retired Hilo vice detective, was indicted on charges of first-degree promotion of a dangerous drug, second- and fourth-degree theft, conspiracy to tamper with physical evidence, three counts of tampering with physical evidence, obstructing government operations, criminal conspiracy to hinder prosecution, and hindering prosecution.

Some of the charges were for allegedly absconding more than an ounce of cocaine from the police station on May 3, 2016, and taking FedEx parcels between June 13, 2014, and July 30, 2015. Other charges stemmed from an Aug. 10, 2017, gambling raid by police at Triple 7 arcade in downtown Hilo.

Miller and a retired police captain, Chadwick Fukui, were accused of tipping off arcade owner Lance Yamada and his brother, Stacy Yamada, prior to the raid. The case against Fukui has since been dismissed.

Miller also was indicted on July 13, 2020, on charges of intimidating a witness, retaliating against a witness, witness tampering, second-degree terroristic threatening and harassment.

The victim in the case was a woman listed as a potential witness in the drug and conspiracy case against Miller and a separate gambling and conspiracy case against Fukui, the Yamadas and two other civilians. A man also was listed as the victim on the harassment charge. The offenses allegedly occurred on May 14, 2020.

According to court records, Miller on Tuesday refused a plea deal and fired his court-appointed attorney, Ivan Van Leer.

Another attorney will be appointed by the court and a hearing has been scheduled for March 31 to reset the trial date for the 2019 indictment.

Trial for the 2020 indictment has been set for June 14.

Miller has pleaded not guilty to all charges in both cases.

The most serious charge, first-degree promotion of a dangerous drug, is a class A felony punishable by up to 20 years imprisonment.

Miller remains free on $60,000 bail.