Claremont man pleads not guilty to child pornography charge

BURLINGTON — A not guilty plea was entered Wednesday on behalf of a Claremont man, who is charged with production of child pornography in Windsor County in 2020.

The plea came on behalf of Wayne Miller, 34, who waived his right to appear either in person or by video in U.S. District Court in Burlington for his arraignment on the felony charge.

Miller, formerly of Hartland, is the founder and director of Living Proof Mentoring, a program that matches Black mentors for Black youths throughout Vermont.

Miller remains jailed without bail at the Southern State Correctional Facility in Springfield, where he has been held since shortly after his arrest Dec. 8. He appeared for his initial hearing in federal court the following day. The federal grand jury returned the single-count indictment on Dec. 16. It says Miller used a minor to engage in sexually explicit conduct for the purpose of producing a “visual depiction” in June 2020.

Assistant Federal Defender Sara Puls requested 90 days to investigate the evidence in the case and to consider pre-trial motions. She made the request after a federal prosecutor said there are extensive police reports, several search warrants and forensic examination of a half dozen devices seized at his residence on Chestnut Street in Claremont and are under review.

Puls said the defense may want to hire a forensic expert to review the evidence. She also said the defense also wants to investigate Miller’s criminal history “and other mitigation.” She did not say what criminal record might show.

Magistrate Judge Kevin Doyle said the criminal complaint noted Miller made statements to law enforcement when they executed a search warrant at his home. He said the prosecution will need to turn them over to the defense, which will need time to review them. 

Doyle also reported “there’s also a criminal history as well as potentially a mental health history” that defense counsel will want to review. He did not elaborate.

He imposed a March 22 deadline for motions. He said the three months would not count toward the Federal Speedy Trial Act, which mandates defendants go on trial within 70 days of an arraignment.

Vermont Internet Crimes Against Children Task Force found at least 3 photographs in an email account on Miller’s cellphone depicting sexual acts involving a young child and the lower portion a man’s body, a court affidavit said.

A prosecutor wrote in court papers the “criminal complaint establishes instances where Miller sexually assaulted a toddler-aged child he knew, and he filmed the abuse.”

If convicted, Miller faces a mandatory minimum of 15 years in prison, on the single charge.

Mike Donoghue can be reached at vermontnewsfirst@gmail.com.