Accused killer changes plea, won’t testify
March 18, 2013
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