SalemNews.com, Salem, MA

Local News

October 24, 2012

Man beats 8th DUI charge

Paroled killer convicted of driving to endanger, marijuana possession

SALEM — A paroled killer was spared a potential eighth driving-under-the-influence conviction yesterday, following nearly five hours of deliberations that at one point became deadlocked.

But Andrew Millyan, 56, of North Grafton did receive a two-year jail term after he was found guilty by the Salem District Court jury late yesterday afternoon of driving to endanger and marijuana possession.

Several jurors interviewed after the verdict said they struggled with a decision but believed they had no option, given the evidence they had.

“It was an uncomfortable situation,” said a 31-year-old Peabody woman who did not want her name published. “All we had was the information presented to us.”

That information did not include Millyan’s string of drunken-driving convictions in the 1970s and 1980s, a spree interrupted only by Millyan’s arrest and conviction in a 1981 murder in Revere, prosecutor Jane Prince said. It also did not include Millyan’s inadvertently recorded admission to his lawyer that he “took too many” Percocets that day.

And while some of the jurors suspected that Millyan had a past history, that information was not provided during the trial, the juror said. “We had to rely on what was before us in the courtroom.”

She went on to say that some jurors simply believed that there was not enough evidence to find Millyan guilty beyond a reasonable doubt. For example, she said, there was no evidence of how much Percocet he had taken that day.

But not all the jurors felt the same way. In one note sent to the judge around 2 p.m., the jurors reported that while they had reached their verdicts on the driving-to-endanger and marijuana charges, they were split 4-2 on the question of whether Millyan was driving under the influence of drugs. Four believed he was not guilty.

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