The Utah Board of Pardons and Parole is once again considering whether to grant a “compassionate release” to a man who has been incarcerated for 45 years.
But a cousin of the 2-year-old girl whom 60-year-old John Pender Miller Jr. sexually assaulted and killed in 1980 when he was 15, says the state should stick to its decision of letting Miller serve out his entire life sentence in prison.
“Mr. Miller forfeited the right to have a preference on his living conditions when he accepted the plea of life in prison without the possibility of parole. If the standard for release was an inmate’s happiness level, we would definitely have no overcrowding,” Kristie Wilkins said in a recording of Tuesday’s hearing.
“They cannot simply say, ‘It has become too hard to care for the person,’ so they are no longer responsible for them. You have a duty and an obligation not only to my family but to every person and family in this state to ensure that Mr. Miller is not able to hurt another living soul for the rest of his life.”
In 1980, Miller kidnapped 2-year-old Anne Hoskisson, sexually abused her, then choked her to death — first using his hands and then a metal pipe. Miller hid the body in a crawl space near the attic of an abandoned building, then joined the estimated 900 searchers who spent several hours looking for the girl.
Miller has had his sentence reviewed several times by the board since 2001. In 2013, the board decided that he should serve his entire life sentence. But in 2023, Miller requested a redetermination hearing and the board scheduled a review of his case for January of this year.
In August 2024, the board received a request from the Division of Correctional Health Services, “requesting a compassionate release for Mr. Miller due to catastrophic medical issues.”
According to Miller’s attorney, Katherine Conyers, it has become “very difficult” for the prison to care for Miller due to the level of nursing care he requires and because Miller is unable to communicate.
The board held a hearing to consider Miller’s request a year ago. At that time, the board requested updated medical and psychological reports. On Tuesday, a second hearing was held.
During the hearing, Miller appeared before a member of the board via video from a room in the prison because he was “medically unable to attend” in person, the board noted. Miller was unable to speak during the hearing and could only acknowledge what was being said and asked of him by raising his hand.
Wilkins, however, said that was enough to show her that Miller should still be considered a danger to society.
“Seeing his responsiveness today, he can communicate and he does have use of his hands,” she said.
Wilkins told the board that her aunt and uncle have chosen to forgive Miller “so that anger, bitterness and hate don’t poison their lives and relationships.” But “forgiveness does not absolve Mr. Miller of responsibility for his actions and accountability for Anne’s suffering and death,” she said.
Wilkins said Miller’s actions were intentional and not an “impulsive mistake.”
“He knew from the moment he walked out the door he was targeting a small child,” she said.
And she called his acceptance of a plea deal “self-preservation.”
“Mr. Miller chose to accept life in prison without the possibility of parole, no matter what that life looked like,” Wilkins said. “He has made choices and these are the unfortunate consequences.
“He cannot be safely released into society. The risk to the public’s safety is too great,” she added while noting that the likelihood of him “falling through the cracks” if he is released to a care facility is “astronomical.”
The board says it will give Miller and his attorney extra time to respond due to his inability to speak. A decision on whether to grant a compassionate release will likely be made in a couple of months.