A former Tulsa County prosecutor is outraged because a woman who murdered her child has been released from prison after serving only five years of her 15 year prison term. The News On 6's crime reporter Lori Fullbright reports Cynthia Miller pleaded guilty to second degree murder five years ago in the death of her one-year-old baby, Kevin. In exchange, she got 40 years, 15 to be served in prison and 25 on probation, but that's not exactly how it turned out and some people want to know why.
Cynthia Miller went to prison in 2003 for murdering her baby boy. Police say she confessed to smothering him by covering his face with her hand until he died. Even more shocking, is they say she admitted doing it three times before. They said it was a case of Munchausen's by proxy.
Prosecutors believed she was doing so she could get more attention from her husband.
"She had tried three different times to smother the child, they'd go the emergency room, the child received treatment and the husband would come home, obviously concerned and spend time with her. On the fourth try, the child died," said former prosecutor Chad Moody.
Miller's first trial ended in a hung jury. Then, prosecutors offered her the deal of 15 years in prison and 25 on probation. But, she got out on February 12th, just five years after going in.
Even if you count the time she spent in jail waiting on trial and sentencing, about three years, she only served about eight years total.
"A woman that will kill her child and there's no two ways about it, this woman murdered her child. I'm concerned about that. I spent too many of my years in legal work protecting children. To disregard the hard work of the police, DHS and the prosecutors, concerns me and I think everyone should be concerned about that," said former prosecutor Chad Moody.
The Oklahoma Department of Corrections tells The News On 6 that Miller only did five years in prison because everyone in prison who hits the eight month mark, who has good behavior, begins receiving 74 days credit for every 30 they serve.
Plus, she got 90 days credit for taking college classes, 60 days credit for taking a career course, 15 days off for taking a life skills class and so on, which allowed her to get credit for 15 years in about a third of that.
The district attorney's office says had there been a parole hearing, they would've objected to Miller's early release. But, there was no hearing because, as far as DOC is concerned, she served her time.
Miller had a three-year-old daughter at the time of the murder. That daughter is now 11 and court records show a judge is allowing Miller unsupervised visits with that daughter.
The probation office says Miller has made her monthly check-ins and has started counseling, which was required by prosecutors upon her release.
Miller is working as a secretary at the Tulsa County Public Defender's office.
Oklahoma's law now requires people convicted of second degree murder to serve 85% of their sentence before earning credits.