By Bill Lodge
The Advocate
BATON ROUGE — A Baton Rouge federal judge should never have released one of the two men convicted of killing Louisiana penitentiary security officer Brent Miller in 1972, a younger brother of the slain guard said Wednesday.
Chief U.S. District Judge Brian A. Jackson ordered the release of Herman Joshua Wallace, 71, after ruling that the unconstitutional exclusion of women from a West Feliciana Parish grand jury invalidated Wallace’s 1973 indictment.
East Baton Rouge Parish District Attorney Hillar Moore III is asking the 5th U.S. Circuit Court of Appeals to return Wallace to prison.
“They should never have released him,” Baton Rouge resident Hardy Miller, 62, said of Wallace. “Brent didn’t have another trial. He just got jumped by a bunch of men who killed him.”
Added Hardy Miller: “Brent, he didn’t have a chance to grow up or have kids or nothing.”
Full story: Brother of slain guard said freed inmate should still be in prison cell