Former landlord Miell needs mental evaluation, prosecutor says

Alfredo Parrish, the Des Moines attorney of Cedar Rapids landlord Robert Miell, told a federal judge today he has spent more than 500 hours on Miell's case and has pursued every request from his client that had legal merit.

Miell, 55, convicted of tax and mail fraud charges, filed a motion last week to dismiss Parrish due to ineffective counsel. Parrish is his fifth lawyer in this criminal case and 10th lawyer since 2008 from the civil and criminal cases.

Assistant U.S. Attorney C.J. Williams said he has concerns about Miell's mental health and plans to file a motion to have him evaluated.

Miell pleaded guilty in federal 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.

Miell claimed in the motion that Parrish refused to let him testify and failed to enter Miell's evidence and witnesses at a March hearing regarding Miell's motion to withdraw his guilty pleas on 18 counts of mail fraud and perjury.

Parrish said two other partners are working with him on this case, and he talks to Miell several times a week, along with Miell's mother, but hasn't taken all of Miell's requests because they don't have any legal merit.

“I can't be held hostage to do things that don't have legal merit,” Parrish said.

Miell has issues in terms of focus, Parrish said. He's a “bright” man but he won't focus on the criminal case against him. Miell is focused on the civil case from 2008, which can't be overturned, and has prevented Parrish from making decisions needed in the criminal case.

Parrish said he has warned Miell he could face obstruction of judgment and additional charges from his actions.

Williams said Miell seems to only want a “puppet” for his attorney, someone who will pursue his “conspiracy theory” that everyone is out to get him.

“He's had some of the best attorneys in the state and they have all refused to file these documents he wants,” Williams said. “His allegations are frivolous. I have serious concerns about his mental health and whether he can help his attorney.”

Williams said he is going to file a motion for Miell to be evaluated. He has real concerns about justice for the victims in this case. The case has been dragging out for two years, mostly because Miell keeps switching attorneys, he said.

Williams also said it's highly possible Miell could be charged with additional violations of federal criminal law. Because of the situation, the sentencing hearing set for June 7 will probably be delayed again, he said.

U.S. Magistrate Jon Scoles said Parrish is one of the best criminal defense attorneys in the state, and it's unlikely another attorney could do any better.

Scoles said he would make his ruling on the motion late today or tomorrow.