CLARK COUNTY, Ind. (WDRB/WAVE) — A Clarksville police officer and former councilman accused of taking gifts from former Clark County Sheriff Jamey Noel was in court Wednesday, and he's arguing for a new prosecutor.
A YouTube video featuring Special Prosecutor Ric Hertel is at the center of the defense’s argument that he should be removed from the case.
John Miller, who was arrested in August of 2024, is charged with one count of official misconduct after prosecutors said he accepted gifts, like meals and concert tickets, from Noel. As a councilman, Miller approved funding for New Chapel EMS, which Noel was the CEO, without disclosing a conflict of interest.
In October of 2024, Noel was sentenced to 12 years in prison after pleading guilty to 27 felonies for theft, obstruction of justice, tax evasion, money laundering, corrupt business influence and official misconduct.
Now Miller, along with his attorney, Bart Betteau, are saying a video from 2025 featuring Hertel creates a conflict of interest for Miller's case.
The nearly four-minute-long YouTube video, which was played in court, includes news clips of Hertel during trials and press conferences related to the Noel case, as well as other case he has worked on.
About 15 seconds of Miller’s bond hearing is included in the YouTube video.
Betteau argued the video is a political ad, but Hertel said the video was for a job application.
He said part of the application process included submitting a resume along with news clips, articles, and public statements. According to Hertel, the video was posted on someone else's YouTube account so two U.S. senators and their staff could access it.
"It is not a conflict of interest for this video and for me to apply for a different role or position and use my 28 years as a prosecuting attorney as part of my resume," Hertel said.
Hertel described Betteau’s arguments as an attack on his integrity.
"I’ve sacrificed my Ripley County work at times, and sacrificed personally, to be a part of this and show up when I needed to show up," Hertel said. "I give this case the same amount of work I would give to any other case. So far, the work has been done and recognized."
Betteau, however, believes any interest other the justice "creates a conflict."
"He can only be motivated by the interest of justice," Betteau said. "That’s it."
Special Judge Larry Medlock said he will review the video and make his decision. Miller also requested a change in venue for his trial, which is under advisement as well.
Betteau said Miller maintains his innocence and denies the charges.
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