The judge reduced Jason R. Miller's bail from $200,000 to $150,000 during a 20-minute hearing
NEWTON -- A former Newton police officer charged with sexually assaulting a 16-year-old boy in a Burger King bathroom last month may soon be getting out of jail.
The bail for Jason R. Miller was reduced Wednesday from $200,000 to $150,000 during a 20-minute hearing before Superior Court Judge William McGovern.
Miller, 39, of Hampton, did not attend the 2:30 p.m. hearing and remains in the Morris County jail.
However, his attorney, Anthony Iacullo, said afterward, "We're hopeful that he'll soon be released from custody, based on the reduction."
Miller has pleaded not guilty and Iacullo, in court, reiterated his denial of the alleged Dec. 15 assault.
McGovern's bail ruling reflected a compromise in what both sides were seeking.
Iacullo asked McGovern to reduce Miller's bail to $75,000, the amount at which it was originally set before charges were upgraded to included second-degree sexual assault.
"We believe that is an amount that will satisfy his appearance at each and every stage of the proceedings," Iacullo said.
Sussex County Assistant Prosecutor Laura Nazzaro countered by asking it to remain at $200,000.
Nazzaro said that, if Miller had been charged prior to the bail reform law taking effect Jan. 1, that her office might have sought to hold Miller in custody up until going to trial.
"This is a defendant who enters a restaurant. He sexually assaults a stranger in a bathroom, who he had no connection to," Nazzaro said.
Iacullo responded that the allegations against his client are unproven.
"He is presumed innocent," Iacullo said.
In seeking a bail reduction, Iacullo cited the lifelong ties to Sussex County of Miller, a married father of two, and reiterated that he appeared in court without incident following his highly-publicized prior arrest.
Miller resigned from the Newton force in 2015 as part of a plea agreement after allegations he exposed himself to male motorists during traffic stops.
As part of Miller's guilty plea to tampering with records, charges of lewdness and official misconduct were dismissed.
He avoided jail time but was sentenced to two year's probation.
Nazzaro alluded to that in court, stating of Miller, "While on probation, he clearly had no respect for that and committed a new offense."
McGovern, in agreeing to reduce bail but by less than sought by Miller, said that the purpose of bail is "to ensure, more likely than not" that a defendant will show up in court.
While acknowledging Miller's family ties, McGovern said that he faces the possibility of a "rather lengthy" state prison term if convicted.
"That presents, in my view, some element of a risk of flight," McGovern said.
Iacullo said Miller had planned to participate in Wednesday's hearing from the jail via video hookup, as he did during a Dec. 21 hearing at which a different judge upheld the $200,000 bail amount.
However, there was a technological glitch and Miller agreed to waive his right to appear.
In addition to sexual assault, Miller is charged with criminal restraint, criminal sexual contact and two counts of endangering the welfare of a child.
Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook.