Deal may keep Milko out of prison

Bill Gang

Tuesday, July 9, 1996 | 11:59 a.m.

It appears that Republican congressional candidate -- and purported presidential candidate -- Hilary Michael Milko will be able to avoid a felony conviction if he keeps his nose clean for the next six months.

Milko on Monday agreed to a deal in the criminal case over custody rights violations involving his 1-year-old son. The deal still will result in a misdemeanor conviction for the man who has spent the last week and a half behind bars.

Justice of the Peace Doug Smith had thrown Milko, 39, into jail after saying he was "very disturbed" the former stock broker and soap opera actor failed to abide by the terms of his no-bail release on a custodial interference charge.

Milko's domestic problems escalated into a court case when he took his infant son and left Nevada in January and became involved in a two-hour standoff with Costa Mesa, Calif., police three days later outside a Western Union office.

Smith said police reports indicated Milko said he had a gun and would use it, although it was learned later that he was unarmed.

As part of the plea bargain, Milko will be required to undergo psychological counseling and stay away not only from his estranged wife and son but also from his own family.

He also must check in on a regular basis with court personnel, although his failure to follow that requirement in the past is what landed him in jail.

Smith set a status check hearing on Aug. 19 to ensure Milko is doing what he was told.

Milko, sitting in jail garb and belly chains with a string of other prisoners, answered Smith with a polite "yes sir" or "no sir" when questioned about his rights and willingness to take the plea bargain.

If Milko fails to follow through with the plea bargain's requirements, the original felony charge will be reinstated and he will proceed to trial in District Court. If convicted, he would face up to four years in prison.

Milko was arrested on a charge that prohibits one parent from taking a child without permission and depriving the other parent of that child -- even if no divorce or custody order has been filed.

That was the situation in January, although a bitterly contested divorce is now in progress. Deputy Attorney General Nancy Saitta said a court order issued Monday gave the child's mother sole custody and Milko is not allowed visitation at this point.

Deputy Public Defender Steve Immerman has argued that the case doesn't belong in the criminal system and that Milko did nothing illegal in taking his 10-month-old son on the trip to Arizona for the Super Bowl over his wife's objections. He went from there to California where the trip ended with the police intervention.

But Saitta countered that the law simply doesn't permit such unauthorized trips.