this is so prince george's county

Assault Charge Against Miller Dropped for Lack of Evidence

By Ovetta Wiggins
Washington Post Staff Writer
Wednesday, October 11, 2006; B01

A Baltimore prosecutor dropped an assault charge yesterday against Senate President Thomas V. Mike Miller Jr., who was accused last month of punching a developer in the jaw during a public meeting.

Gerard B. Volatile, who was handling the case on behalf of the Prince George's County state's attorney's office, said he did not have enough evidence to move forward with the case. State's Attorney Glenn F. Ivey recused himself from the case because of his political ties to Miller (D) and Leo Bruso, the developer, who accused the senator of hitting him during a County Council meeting.

"After interviewing numerous potential witnesses, including the witnesses closest to Mr. Bruso at the council hearing and persons in a position to have the best perspective to see what happened, I do not believe that this allegation rises to a criminal matter," Volatile told District Judge Thurman H. Rhodes yesterday.

"I'm just glad it's over," Miller said. "I'm very grateful for the citizens of my district that came forward and their honest testimony to assist the prosecutor in this investigation."

Volatile said that he interviewed more than a dozen potential witnesses and that none corroborated Bruso's account.

"I talked to the man directly behind him, the man directly in front of him, people in front of the room, people in back of the room," Volatile said. "None characterized it the way he did."

Bruso said: "I'm highly disappointed with the judicial system. I just don't know why I wasn't given my day in court."

According to the charging documents filed last month, Bruso said Miller put his left arm on Bruso's left bicep, then slugged him in his left jaw.

"I did nothing to provoke this attack," Bruso wrote in the documents. "Apparently my political positions offend him. He has seen me at other political functions."

Shortly after the charges were filed, several witnesses came to Miller's defense, calling Bruso's charges false.

William Brennan, Miller's attorney, said Miller was just saying hello as he left the public hearing. "There is no such thing as an assault by handshake," Brennan said.

Because Bruso, a supporter of Miller's Republican opponent, reported the incident to the District Court commissioners, a summons rather than an arrest warrant was issued against Miller.

"Fortunately I was in a room with 400 people, and there were eyewitnesses galore," Miller said.

© 2006 The Washington Post Company