[B]URLINGTON – A 70-year-old woman accused of making the deadly poison ricin and testing it on her neighbors in a wealthy Shelburne retirement community to see if it worked has pleaded guilty to a federal offense.
A plea deal, still awaiting final approval from the judge, calls for Betty Miller to be sentenced to the time she already has served behind bars since her arrest late last year, plus three years of supervised release, to include placement in a secure mental health facility
Miller entered her guilty plea Friday in federal court in Burlington, to a felony charge of knowingly possessing a toxin, namely ricin, without obtaining the proper federal approvals.
According to court records, Miller refined the substance from castor beans she had grown at Wake Robin, where she lived at the time.
At least one resident of the retirement home, on whom Miller admitted testing the toxic, had become ill, according to court records.
That resident tested positive for the presence of ricinine, “an indicator of potential ricin exposure,” which “may also indicate exposure to other castor derivatives such as castor oil,” the court filing said.
The Health Department has said it was not aware of any other people who may have become ill.
In exchange for the guilty plea, prosecutors are recommending a sentence of time served for Miller, following by three years of supervised release. Miller has been in custody since her arrest late last year.
“The parties jointly recommend that the term of supervised release include mental health treatment, including secure, in-patient, residential treatment if at all possible,” the plea agreement filed in court stated.
At a hearing earlier in the case, it was revealed that Miller has a history of mental illness that includes hospitalizations.
Federal Chief Judge Christina Reiss told Miller on Friday that she was requesting that federal probation officials prepare a pre-sentence report before she decides whether to accept the plea deal. A sentencing date has been set for Sept. 6.
Reiss said if she were to read that report and decide against going along with the agreement, Miller would be able to withdraw her guilty plea.
The charge against Miller carries a possible maximum penalty of up to five years in jail.
Miller, wearing a blue short-sleeved shirt and jeans, walked into federal court escorted by two court officers. Her hands were in cuffs, though she held a wooden cane in one of them as she entered the courtroom,
The judge walked Miller through the terms of the plea agreement and the details of the charge against her, which had been changed slightly since her arraignment in December.
Prosecutors said the wording of the charge is the same, but the new one was brought to correct a coding error.
The judge also asked Miller if she were taking any medication, Miller said she was, and provided Reiss with the list, which included drugs to treat high blood pressure and cholesterol as well as others for depression and a couple Miller referred to as “mood stabilizers.”
Reiss asked Miller if that list contained all the drugs she was taking.
Miller said it was, adding, “That’s enough,”
After explaining to Miller all the rights she was giving up by entering into the agreement with prosecutors, the judge asked her, “How do you plea?”
“Guilty,” Miller replied.
According to court records, on Nov, 28, Vermont law enforcement, the FBI and emergency personnel responded to Wake Robin after learning of a potentially hazardous substance on the grounds.
A search of the retirement home that day turned up a bottle label, “ricin” in Miller’s residence, court records stated, and the Vermont Forensic Lab confirmed that the bottle contained ricin, a toxin regulated by the federal government due to the severe threat it poses to public health.
Later that evening, FBI agents interviewed Miller at the University of Vermont Medical Center in Burlington. During that interview, court records stated, Miller said she was interested in plant-based poisons and had conducted internet research on how to make them.
She said she manufactured ricin in the kitchen of her Wake Robin residence and, to test its potency, placed the ricin in the food or beverages of other residents.
A team of FBI agents from across the Northeast, with specialized knowledge and training relating to hazardous material and weapons of mass destruction, conducted searches of Wake Robin and Miller’s vehicle.
According to court records, the searches turned up no ricin or other hazardous material outside the confines of Miller’s residence.
Inside Miller’s residence, court records stated, the FBI located ricin, along with components from a number of plants, including apple, yew, cherry, castor and foxglove, which all can be used to produce toxins.
In total, according to court records, investigators said they believe Miller picked 30 to 40 castor beans and made two to three tablespoons of ricin following the online instructions.
Miller, court records stated, told investigators that she tried to poison other Wake Robin residents using the homemade ricin to determine its effectiveness.
She told an FBI agent that she placed it on food or in beverages she expected them to consume on at least three occasions over a period several weeks, according to court records.
The agent said Miller “indicated her goal was to injure herself,” but that she first wanted to test the ricin on others.
Paul Volk, an attorney representing Miller declined comment on the plea agreement following the hearing Friday, as did Assistant U.S. Attorney Eugenia Cowles, who is prosecuting the case.
Miller remains held in jail pending the September sentencing hearing.
