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Accused killer changes plea, won’t testify

March 18, 2013
Cody Miller, left and attorney Gail Mueller

Cody Miller, left and attorney Gail Mueller. Pool photo by David Middlecamp, The Tribune

BULLETIN: A key witness in the trial of alleged murderers Jacob York and his mother, Rhonda Wisto, surprised prosecutors and a courtroom full of spectators Monday morning by reneging on an earlier promise to testify.

Cody Lane Miller invoked his Fifth Amendment right against self-incrimination as he sat on the witness stand shackled and dressed in an orange jailhouse jumper.

Miller had entered a plea of guilty in the Sept. 26, 2010 murder of 15-year-old Dystiny Myers, and had received in exchange for his testimony a lighter sentence, reduced enhancement charges, and the possibility of parole.

Standing by his attorney, Gail Mueller, Miller told the court he would not answer any questions.

San Luis Obispo County Superior Court Judge Barry LaBarbera asked Miller if he wished to enter a new plea, to which Miller replied, “Yes.” He then pled not guilty, and will face trial. Preliminary proceedings will be conducted Tuesday.

Miller, Wisto, York and two others are suspected of slaying Myers because “she was disrespectful.” It was Miller who first informed law enforcement officials of the identities of the others suspected of involvement in Myers’ death.– By Daniel Blackburn


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He should plead insanity if he thinks he’s getting away with this crime in THIS county!

He’s not going to see another free day in his miserable useless life. He truly is a dumb ass if he thinks being on death row for the rest of his life is better than having a chance at parole in 10-15 years, snitch or no snitch.

What these animals did to that young girl doesn’t set well with a lot of people in prison.

I can’t imagine that his lawyer is advising him to change his plea.


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This was contrived.


Now he gets a separate trial (all at our FURTHER expense), and if he gets convicted with the Death Penalty, he has better living conditions than in the general population.


There really should be some sanctions for this sham.


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A perfect example of scamming the system. Either he lost whatever was left of his brain (probably very little!) or he finally was made to see the light by other prisoners (ie. he was dead meat if he snitched). Most likely some of both.


No doubt he became fully aware that those on death row in California have a very, very, very slim chance of every being executed – they just get to live off the taxpayers of this state for many, many, many years (while state paid ‘lawyers’ do endless appeals). Given this choice – he valued his own worthless skin more than Dystiny’s and decided that was the best way to go.


Can anyone possibly believe otherwise? If only this state had the cajones to treat the criminals the same as they treated their victims – this would stop.


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I guess he thinks it better to face the death penalty rather than be labled a snitch in prison. Cali doesnt follow through with their death penalty anyway, so perhaps this is not a bad bet for this loser.


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An interesting twist… I’m wondering what new element has been introduced since the initial plea deal.


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York probably threatened to sodomize him again.


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Either these perps are as dumb as a sack of rocks or smarter than they look and gaming the system, doing what their lawyers put them up to…

I’m expecting to hear them cry the insanity plea.


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I so want to be on that jury.


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These people represent pure evil.


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