Austin Miller

As prosecutors continue building a case against a 24-year-old Butler man facing two sexual assault cases, they asked a county judge to allow evidence in both cases to be shared between the two.

After Judge William Shaffer rejected Austin C. Miller's plea deal in April for a 2015 sexual assault case, a second woman accused Miller on social media of sexually assaulting her at a party in 2016.

Police contacted the accuser, resulting in Miller's arrest and a second set of criminal charges, including unlawful contact with a minor, indecent exposure, corruption of minors and indecent assault.

Shaffer recused himself in May from both cases at the request of Miller's lawyer, public defender Joseph Smith. Currently out on $150,000 bail, Miller missed a court appearance Friday where Assistant District Attorney Mark Lope argued that since both cases contain similarities, the evidence between them should be allowed to be exchanged freely.

Miller was absent, but present at the hearing was a large group that included the victims and their families.

Lope pointed out that prosecutors in typical criminal cases are limited to evidence directly related to the alleged crime that would prove to a jury that the offense was committed in that specific case. Anything outside the direct line of sight in the case isn't allowed to be used by prosecutors, as it's considered information that would prejudice jurors against a defendant, thus violating the country's constitutional guarantee to a fair trial.

However, Lope argued, Miller's case is different.

“We're saying, these two cases are similar in offense and style, with the same M.O.,” Lope said, noting that he is not asking for the two cases to be combined into one case. “It shows a motive and we think that outweighs the prejudicial value.”

While the move would bolster Lope's ability to present a stronger case, Smith asked presiding Judge Timothy McCune to reject the request.

“These cases bear very little resemblance to one another. These are very difficult cases to prove as time passes,” Smith said. “The more cases the commonwealth piles on, the more prejudice there is against my client.”

Smith also asked McCune to accept the plea deal in the original 2015 case that Shaffer rejected.

“I think we should start from scratch,” Lope countered. “The commonwealth is not offering those pleas right now so that's off the table unless your honor forces us to accept it.”

McCune said he would review both requests and make a decision later.

According to police documents, the latest charges stem from an alleged sexual assault during a Halloween party in 2016, only months after Miller was released on bail for the original case.

In Miller's first case, he is accused of raping two girls, ages 14 and 15, in January 2016. He faces 10 felonies — including multiple counts of rape — and eight misdemeanors related to that incident.