Penticton councillor takes stand in second historic sex crimes trial

A Penticton city councillor took the stand during his second trial in a month in Ontario as he refutes accusations of sexually abusing young boys.

James Miller, 62, admitted he had close relationships with some of the players on the youth basketball teams he coached in Ontario, which included sleepovers, one-on-one trips to NBA games and even a kiss on the lips with one boy.

But he said the accusations that any of it was improper or legal were “preposterous.”

“I think you’re resorting to conspiracy theories,” Miller said, as a Crown lawyer suggested the boys gossiped about Miller’s alleged repeated nudity around them.

It’s the second trial in a month for the city councillor and newspaper editor, this time facing accusations from two former players. The alleged offences took place in 1989 and 1990 while Miller volunteered as a youth basketball coach in Sarnia, Ontario.

Prosecutor Suzanne LaSha cross-examined Miller for much of the day, May 25, during which she suggested he was “good at creating opportunities to be alone with the boys.”

“Those are your words, not mine,” he said, denying he had touched them or exposed himself to the boys.

The victims, now adults and whose names are protected by a publication ban, claimed he had inappropriately touched them, he exposed his genitals to them and that he directed them to undress on various occasions.

The kiss Miller recalled between himself and one of the victims occurred when Miller was at his home. The boy was “working his way around the room” before he went to bed one night, kissing three adults before leaving including Miller. Miller admitted he found it “bizarre.”

The sleepovers, he said, were innocent. It was convenient to ensure one of the boys made it to a basketball game the next day and, for the other, it wasn’t out of the ordinary as he claimed he was in a relationship with the boy’s mother.

As for NBA and MLB games, Miller said he would sometimes take colleagues, friends or girlfriends instead of the boys, but LaSha disagreed.

“Sir, you didn’t have a girlfriend at that time. You were too busy taking little boys to various activities around this province and elsewhere around Michigan,” she said, to which Miller said he had a “very intense relationship” at the time.

LaSha questioned him for hours throughout the day, probing why he kept numerous photographs of the boys over the years and why he became so involved with youth basketball when he wasn’t a teacher nor did he ever play the sport.

Miller maintained his innocence and, while questioned by his own lawyer, contended one of the victims had bullied him as the man sought to draw attention to Miller’s previous acquittal.

“I was shocked. I didn’t realize (he) had issues with me. I hadn’t seen him since the eighth grade… I was quite taken aback, but I just said I’m going to listen,” Miller said. “Sometimes with bullies and sociopaths, it’s best to listen. He kept wanting to bait me into some kind of argument, and I just said that’s not true.”

Miller was referencing a phone call the man made after Miller’s election to Penticton city council. The man testified last week he had started a “movement” to bring Miller back to court.

When Miller’s previous charges resurfaced in Penticton social media and news media, Miller said it was “a non-story” because he was acquitted, adding that the renewed coverage didn’t affect him.

“I was pleasantly surprised. People were saying, ‘no, you’re cool.’ I had nothing to do with kids in Penticton. Everybody was comfortable with that and there was actually quite a bit of sympathy for me,” Miller said.

He said that the victim had sent numerous “vile” emails to Miller and his council colleagues, but he didn’t save them based on his lawyer’s advice in Penticton. He said he has asked the City to provide them, but they’ve “disappeared” between Sarnia police and Penticton RCMP.

LaSha will continue cross-examining Tuesday. Miller’s defence will bring more witnesses to testify this week and it’s not yet clear when lawyers will deliver closing arguments.