The Hornell man accused of beating and biting a baby, who later died from the assault, appeared in Steuben County Court on Thursday for a Huntley Hearing.
Dakota Miller is accused of assaulting of his girlfriend’s 18-month-old baby last Nov. The baby died from the injuries shortly afterward.
Miller and his lawyers requested the hearing to try and have evidence suppressed which they say was obtained before Miller had a lawyer. The evidence in question consisted of dental impressions and DNA.
Having to recollect the evidence is something Steuben County DA Brooks Baker knew might have to happen, as the samples were taken before Miller had a lawyer. The timing of the alleged crime made getting a lawyer for Miller harder, as it took place on or about Thanksgiving.
“Obviously there will be some suppressions, there will be some dental impressions that will be suppressed based upon an agreement. And this was Thanksgiving Day, we had trouble getting him a lawyer, it’s a reality, we knew at the time. It’s not a problem, it’s something we can fix. So no real surprises today so far,” said Baker.
Baker says Steuben County Judge Peter Bradstreet has yet to make an official ruling on the matter. As of now, there’s no set return court date for Miller.