Sentencing delayed in hitman case

Tuesday, Dec. 21, 2004 | 8:53 a.m.

The sentencing of a woman accused of trying to hire a hitman to kill her husband was delayed Monday after her lawyer challenged the Department of Parole and Probation's recommendation she receive two years in prison.

Nan Millen pleaded guilty via an Alford plea to one count of solicitation to commit murder. She allegedly asking an undercover Metro Police officer to kill her husband, Richard Millen. Under an Alford plea a defendant does not admit guilt but agrees prosecutors could prove their case at trial.

Nan Millen's attorney, Andrew Leavitt, told District Judge John McGroarty that the Parole and Probation officer who was handling Millen's pre-sentencing report had led Millen to believe the department would recommend probation.

Leavitt also said the officer who signed off on the recommendation of two years in prison for his client was not the same officer who authored the report.

McGroarty asked Chief Deputy District Attorney Bill Kephart to subpoena the Parole and Probation officer to testify in court on Jan. 6 at which time he would proceed with sentencing.

Kephart said Nan Millen had been caught on video and audiotape by authorities as she talked with an undercover officer posing as a hitman about when, where and how she wanted her husband killed.

McGroarty said the videotape would be viewed in open court on Jan. 6 to assist him in sentencing Nan Millen.

Kephart said when he confronted Nan Millen with the tapes her "defense knew they had no defense and didn't want to go to trial." He said greed was the motive as Nan Millen and her husband were in the process of getting a divorce at the time of her arrest.

The divorce proceedings are on hold until Nan Millen's criminal case has been resolved.

Although sentencing was delayed Leavitt argued for probation saying his Millen "did some stupid things but wasn't serious about any of this."

"This was a game she was playing," Leavitt said. "She was a lonely woman and this gave her some excitement in her life. This is the toughest case I've ever had."

Leavitt said his client "stood to gain zero if he (Richard Millen) died" as it was Richard Millen's daughter that is the sole beneficiary of his will.

Kephart said Nan Millen said she was "verbally abused" by her husband, but getting a divorce wasn't a good enough solution for her.

"To solve all and any issues she had she met an individual, started a relationship and asked about hiring someone to kill her husband," Kephart said.

The prosecutor said on the video and audiotapes Nan Millen can be heard "laughing and joking about what they could do " to her husband.

"If this was a real hitman this might be another Margaret Rudin thing," Kephart said.

Margaret Rudin was convicted in May 2001 of murdering her husband, Ronald Rudin, in December 1994. She was sentenced to life in prison with parole possible after 20 years.

A case more akin to Nan Millen's involves the ex-wife of a Henderson Police sergeant who is scheduled to stand trial on June 13 before District Judge Jackie Glass.

Florela McCorkle, 38, also known as Florela Virginia Martinez, faces charges of solicitation to commit murder and attempted murder with use of a deadly weapon on a police officer, Sgt. Richard McCorkle, who is her ex-husband.

Investigators say she hired an undercover detective posing as a hitman. Metro Police arrested McCorkle on June 15 after the detective was paid $1,000 during a second meeting. McCorkle is alleged to have given specific orders that Richard McCorkle be shot while in uniform and then mutilated, according to the arrest report.