Bart Betteau, attorney for former Clark County Council member John Miller, argues he should get a new prosecutor in his criminal case. (Aprile Rickert / LPM)A special judge is weighing a request for a new prosecutor in the criminal case of a former Clark County Council member.John Miller’s lega l team sought the change earlier this year after seeing a 2025 YouTube video that compiled news clips and web stories of cases Ripley County Prosecutor Ric Hertel has been on, including their client’s.Miller was charged in 2024 with one level 6 felony for conflict of interest. He’s one of several defendants charged in the massive investigation of former Clark County Sheriff Jamey Noel, and the only one whose case is not yet resolved.Noel pleaded guilty to more than two dozen felonies, including theft and tax evasion.Miller is accused of accepting gifts from Noel including travel and meals, and also voting as a council member to appropriate funds to the emergency services company Noel operated.His attorneys, who fought unsuccessfully to get his charge dismissed, filed petitions in March asking for a new judge and a new prosecutor. They had also previously called for Miller's case to be heard by a different judge, but that was denied.Hertel has been the special prosecutor on every case filed as part of the Noel investigation, including Miller’s.But Miller’s legal team said he created a conflict of interest with a video compilation that included TV news footage and other news stories, posted on YouTube more than a year ago.Miller’s attorneys said in the briefing the video appeared to be campaign material.According to the petition, "the appointment of a special prosecutor is necessary to avoid the actual conflict of interest resulting from the prosecutor’s use of this case and related cases to advance a political campaign agenda.”Defense attorney Bart Betteau played the roughly four-minute video in court Thursday, saying it looked like Hertel is “running for some type of office."Hertel won his primary this spring for the Ripley County prosecutor’s seat, which he’s held for 28 years. But he said the video isn’t related to any political action. Instead, it was part of a job application. He was required to provide public statements he’s made during his prosecutorial career.He asked for the request to be denied.“I can't help but feel that it is a somewhat of an attack to some extent on my integrity as a prosecuting attorney,” Hertel said.Betteau said earlier in the hearing that he wasn’t accusing Hertel of misconduct, and noted his diligence in his work.But with the video, Betteau said, “he’s walled himself in as being tough on this case.” He also said the video, which includes footage of Noel, “loops him in with this horrible mess created by Noel in the county.”Hertel said there is no conflict of interest: These were statements made publicly that were compiled as part of the application process for United States Attorney for the Southern District of Indiana.He also said he wants to see the case through.“There have been convictions, but more importantly, there's been justice in all of these cases, at least from my perspective,” he said. “And I believe many people would probably agree with that, too.”Hertel noted that the defense attorney has a job to do, and referred to Betteau's previous attempt at case dismissal.“To me, it's all noise,” Hertel said. “At the end of the day, we're going to move to trial. And the community will make a decision on whether or not we've proved the case or we haven't proved the case, and that that will be how it ends.”Betteau said after the hearing that the video presents a conflict regardless of why it was created.“Any other interest in this case creates a conflict,” Betteau said “[Hertel] can only be motivated by the interest of justice. That's it. That's the only proper motivation. If he uses it for something else, some other design, whether to get a job or whatever else, then there's a presence of a conflict.”Betteau declined to say whether the state has offered a plea deal, but said Miller can’t plead guilty because he’s not guilty.The defense team also renewed a call for a new judge this year, questioning Medlock’s impartiality. Medlock previously denied a request.The petition for a new judge filed in March points to Medlock’s attendance and behavior at an auction for Noel’s car collection.They say he’s shown in a video taking photos or videos of the cars, before loudly and repeatedly slamming a gavel when one car was sold, apparently recreating the highly publicized contempt hearing in 2024 in which he broke a gavel block while ordering Noel back to jail.Online court records do not show that the judge has ruled on that petition. Betteau said it may not come back up until trial.Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel Walter T. Bales Foundation, and the Caesars Foundation of Floyd County. ...read more read less