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City man challenging sex offender evaluation

HOLLIDAYSBURG — A 69-year-old Altoona man wants to challenge a recommendation that he be declared a sexually violent predator, a move that put his sentencing on 44 criminal counts on hold for about three months.

Gary Paul Miller, convicted in May of sexual assault charges at the end of a three-day jury trial, was to be sentenced Tuesday on child rape, sexual assault, involuntary deviate sexual intercourse and related convictions.

But Miller’s attorney, John Siford, advised Judge Timothy Sullivan that his client wants to first secure another evaluation that could be the basis for challenging the sexually violent predator finding recently reached by Corrine Scheuneman, a psychologist with the state Sexual Offenders Assessment Board.

Siford told the judge that he will likely ask psychologist Timothy P. Foley of Ardmore to evaluate Miller and present a recommendation.

Sullivan said he would grant the request as long as it’s filed within seven days, then have Tuesday’s proceedings rescheduled in about three months.

That delay will keep Miller in Blair County Prison, where he has been since his December 2015 arrest by Altoona police, who were looking for him in connection with a child abuse investigation, which led to charges and May’s jury trial.

Altoona police also accused Miller, in separate charges, of flight to avoid apprehension and failure to comply with address registration requirements. In late March, Miller pleaded guilty to those accusations and was sentenced to serve 51 to 102 months in jail. That order has since been appealed to the state Superior Court on the basis that Sullivan abused his discretion by exceeding state sentencing guidelines.

During his May trial, Miller took the stand in his own defense and tried to convince the jury that he was falsely accused. A 16-year-old girl said Miller, starting when she 9 or 10, regularly abused her during weekends and overnight stays at his residence on the 2800 block of Sixth Avenue.

In addition to testimony, Assistant District Attorney Derek Elensky presented a series of text messages exchanged by Miller and the girl, including one promising to give her $20 in exchange for sexual activity. Miller denied sending the messages.

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