Defsounds

Report: 'C-Murder' wants to be declared indigent.

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Corey "C-Murder" Miller, the rapper who was convicted in August of killing a teenager in a Harvey nightclub, wants a judge to declare him indigent because he cannot afford his appeal, his appellate attorneys say in court documents.

Miller, 38, is serving a mandatory life sentence in prison for his conviction of the second-degree murder of Steve Thomas, 16, who was shot in the now-closed Platinum Club on Jan. 12, 2002.

Miller cannot afford the estimated $20,702.75 to pay for the entire case record and all hearing and pretrial hearing and trial transcripts and fees, according to a motion filed by attorneys Robert J. Smith and John Adcock. The transcripts would cost $17,335, the attorneys wrote.

Miller would not have to pay the costs if Judge Hans Liljeberg of the 24th Judicial District Court declares him indigent.

"A declaration that Mr. Miller is 'not indigent' would compromise his right to appeal under state and federal law," the attorneys wrote.

Smith, of the Charles Hamilton Houston Institute of Race and Justice at Harvard Law School, and Adcock of New Orleans, said in court documents they are not charging Miller for their work. They declined to comment. A hearing is set for Dec. 10.

Miller is presumed to be indigent because he is incarcerated, does not own a vehicle or real estate or have income or savings, the attorneys wrote. They note that Miller's trial attorney, Ron Rakosky, has not been paid. Rakosky withdrew from the case when Miller was sentenced Aug. 14.

Jefferson Parish Clerk of Court Jon Gegenheimer said his office's services are based on fees, meaning taxpayers would not foot the cost of providing a copy of the case record, which Miller's attorneys estimate costs $3,099 to duplicate. Meanwhile, payment for the transcripts potentially could come from a combination of parish and public defender's office money, the source of funding when the Louisiana Appellate Project handles indigent appeals. State lawmakers this year created an "indigent transcript fee" for the 24th Judicial District, attached to traffic tickets and criminal cases to compensate court reporters for providing transcripts. But the state Supreme Court's Judicial Council, which reviews such fees, rejected it.

Whether Miller has money also is a question pending in a wrongful death lawsuit filed in 2002 by Thomas' parents, George and Dolores Thomas, who have sought a hearing to determine his wealth. A ruling in the criminal case that Miller is indigent would have no legal effect on the civil case, but if Miller is truly broke, the Thomases could have trouble collecting an award, their attorney Trey Mustian said.

"We're simply waiting for the criminal appeals to be over so we can set our case for trial," Mustian said.

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Source: NOLA