New attorney appointed in capital murder case
by David Atchison
20 months ago | 1747 views | 0 0 comments | 11 11 recommendations | email to a friend | print
A Moody man facing two counts of capital murder and one count of sexual torture in the death of a Leeds woman was appointed a new attorney.

St. Clair County Circuit Court Judge Jim Hill granted a motion filed by attorney Bill Pruitt, who requested to be recused from the case involving Michael Brandon Kelley, 29, of Moody.

Kelley is accused of the Nov. 16, 2008, capital murder and sexual torture of Emily Milling, 23, of Leeds.

Pruitt told the court he had a conflict of interest.

Hill appointed Pell City attorney Lance Bell to the case. Bell will join Pell City attorney Don Hamlin in representing Kelley.

Kelley was indicted last year on two counts of capital murder, one count of capital murder during a kidnapping and one count of capital murder during sexual abuse. He was also indicted by the grand jury for one count of sexual torture.

Kelley has remained in the St. Clair County Jail without bond since his arrest in November 2008.

Kelley, a truck driver, was apprehended in California and brought back to Alabama to face charges stemming from Milling’s murder. The suspect was initially charged with murder, but the grand jury upgraded the charge to capital murder.

If convicted, Kelley could face life in prison without the possibility of parole or death by lethal injection.

Authorities allege Kelley brutally beat, tortured and strangled Milling to death in his mobile home.

During Kelley’s preliminary hearing, held in January 2009, Leeds Sgt. Detective Renee Reaves testified blood stained items were seized from the suspect’s mobile home, vehicle and a garbage bin at his father’s business.

Reaves also testified that a man who worked for Kelley’s father saw the defendant dump plastic bags into a Dumpster at the father’s business on Markeeta Road about 7 a.m. Saturday, Nov. 16, 2008.

Milling’s nude body was found off Markeeta Road.

Reaves testified that blood stained clothes believed to belong to Milling and Kelley were found in bags removed from the Dumpster, as well as a sleeping bag, wash cloths, towels, a silver necklace and a 16-18 inch toilet plunger thought to have been used during the sexual assault of the victim.

Reaves said Kelley never confessed to the murder.

She said surveillance video from a Leeds night club show Milling leaving with Kelley, but she never returned, even though Kelley told authorities he took her back to the club.
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