Robert Miell’s attorney asks for continuance to review his mental evaluation

Attorney Alfredo Parrish filed a motion today to continue in the sentencing of Cedar Rapids landlord Robert Miell, so the attorney has time to review Miell's mental evaluation and do more work on the case.

Parrish, of Des Moines, said in the motion that defense work stalled when Miell filed a motion to dismiss Parrish, claiming ineffective counsel. U.S. Magistrate Jon Scoles denied the motion May 4 after a hearing in April.

During the motion hearing, U.S. Attorney C.J. Williams said he was going to file a motion to have Miell undergo a mental evaluation because he has had some of the “best attorneys in the state, and they have all refused to file these documents he wants. His allegations are frivolous.”

After the hearing, Miell agreed to have a mental evaluation. The first evaluation was done May 7.

Parrish in the motion said he wants to delay the June 21 sentencing for 60 days until he has time to review the preliminary report because Miell may need further evaluations and/or treatment, which could impact this case.

Parrish said he continues to work on responding to the more than 300 restitution claims and Miell has provided him with about 90 witnesses he wants subpoenaed for the sentencing hearing, but Parrish needs time to review their relevancy, discuss the testimony with Miell and make sure the testimony wouldn't create obstruction of justice issues at the hearing.

Sentencing was set for three or four days but Parrish hopes to cut that down to one or two days after reviewing the evaluation and outstanding issues.

Miell pleaded guilty to 18 counts of mail fraud and two counts of perjury, and in January 2009 he was convicted by a jury of two counts of tax fraud. The charges stem from Miell's fraudulent reports to American Family Insurance of more than $336,000 in storm damage at 145 properties.