JEFFERSONVILLE, Ind. (WDRB) -- Clark County Councilman and Clarksville Police Officer John Miller was in court Friday. 

He is a defendant in the high-profile case of former Clark County Sheriff Jamey Noel, who will be sentenced on Monday, Oct. 14.

Miller's attorneys filed a motion to dismiss the charges and requested a change of venue. The defense argued Miller has already been convicted in the court of public opinion and can't get a fair trial in Clark County. 

Miller is accused of accepting gifts, including meals and concert tickets, from Noel without disclosing a conflict of interest while voting on certain funding decisions on council.

Prosecutor Ric Hertel argued that Miller should have disclosed the gifts.

"What is a profit? Is a profit meals, is a profit concert tickets...is a benefit or profit going to concerts and travel?" Hertel asked. 

Miller’s attorney, Bart Betteau, defended his client’s actions. 

"Whatever they say he did, and it's clear to us what they say he did, and that was receive dinners and those sort of things, concert tickets, all those sort of things from Jamey Noel... isn't this crime. It isn't profiting from a contract," said Betteau. 

He added that no crime was committed, and Miller’s decisions were based on his personal relationship with Noel, not for personal profit.

But Hertel said it was a clear conflict. "We are not even here if he fills out one form...'I have a conflict of interest, I work for New Chapel, I am good friends with Jamey Noel."

Betteau said Miller believed Noel was paying for everything from his own pocket. 

"I doubt you will even those cynical among who think that Jamey Noel held up a New Chapel credit card and said, Hey, I'm using my New Chapel credit card. And by the way, I don't have any authority to use this. That never happened," Betteau said. 

The defense also pushed for a change of venue due to extensive pre-trial publicity, highlighting negative public comments that could affect the fairness of the trial.

Judge Larry Medlock is now considering the motions while also preparing to sentence Noel, who pleaded guilty to 27 felony charges.

On Aug. 26, Noel pleaded guilty to theft, obstruction of justice, tax evasion, money laundering, corrupt business influence and official misconduct. Noel agreed to the plea deal nearly a year after he was arrested and Indiana State Police investigators raided his home in southern Indiana.

Noel’s sentencing is scheduled for Monday, with a plea deal recommending 15 years in prison, three years of which will be suspended to probation.

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