Landlord asks to withdraw guilty pleas

Landlord Robert Miell's attorney argued in federal court today that Miell's guilty pleas to mail fraud and perjury should be withdrawn because his previous lawyer and the judge didn't inform him of all penalties and restitution he faces.

Miell, 55, pleaded guilty in U.S. District Court to 18 counts of mail fraud and two counts of perjury and was convicted by a jury of two counts of tax fraud in January 2009. The charges stem from Miell fraudulently reporting more than $336,000 in storm damage on 145 properties to American Family Insurance.

Attorney Alfredo Parrish, of Des Moines, argued F. Montgomery Brown, Miell's previous attorney, didn't inform Miell of the maximum federal sentencing guidelines before pleading guilty to the charges and Brown didn't do his job as a lawyer by informing the court that Miell hadn't been told.

The court nor Brown told Miell he was facing a maximum penalty of 370 years in prison and a $5 million fine, Parrish said.

Brown, of Des Moines, testified about his preparation for the trial before Miell decided to plead guilty and said he went over the maximum penalties with Miell and possible restitution. Miell chose to plead guilty, he said.

Parrish also said U.S. District Judge Mark Bennett didn't tell Miell the 18 counts could be run consecutively.

Assistant U.S. Attorney C.J. Williams argued there's no obligation or rule that a judge has to inform a defendant of sentencing guidelines. Bennett told Miell he wasn't bound to plea agreement and informed him of maximium penalties of each count, Williams said.

Williams also said there's no rule a judge has to inform a defendant that sentences can be run consecutively.

Bennett told Parrish he wouldn't have any way to know what guidelines would be at that point in the pleading.

“If I thought a defendant was balking at what I was telling him, I would have stopped,” Bennett said.

Bennett said he told Miell of the possible maximum fine on each charge of up to $250,000 but didn't add them up for Miell or go over the restitution.

Bennett said he would take the arguments under advisement and make a decision well before the sentencing.

Miell will be sentenced on all 22 counts June 7.