May court date for 2nd baby death trial of Iowan

Published On: Mar 19 2013 09:23:33 AM CDT

A May court date has been scheduled for a West Branch man who was granted a new trial in the 2007 death of his baby daughter.

The Gazette reports that the second trial of 33-year-old Curtis Miller has been scheduled to begin on May 13. Miller had been convicted and sentenced to 50 years.

Curtis Miller's 3-month-old daughter, Kimisha, died weeks after suffering head injuries while in his care.

At trial, one juror deliberated for two days and then was allowed to leave for an out-of-state funeral with no return date set. Miller's two motions for a mistrial were denied. Miller then agreed to the seating of an alternate juror. The jury with the alternate juror convicted him.

The Iowa Appeals Court said the juror substitution was not acceptable.