WASHINGTON — A custody trial pitting lame-duck Rep. Max Miller against his former wife, Emily Moreno, has been postponed to next year after Miller’s attorneys cried foul over an expert’s conclusion that Moreno suffered post-traumatic stress disorder (PTSD) caused by abuse.
The case was supposed to kick off Nov. 5, two days after Miller (R-Ohio) lost his re-election bid to Democrat Brian Poindexter.
Both sides had agreed earlier this year that an expert would make a psychological evaluation of Moreno, who has accused Miller of knocking her down, throwing hot water on her, and holding a gun to her head.
However, Moreno’s team hired a second expert without informing Miller’s side until 30 days before trial after his team declined to ask for a list of witnesses earlier.
Miller’s attorneys protested that the move by Moreno’s team was “gamesmanship,” while Moreno’s team claimed that the lawmaker “had every opportunity to engage in the discovery process and elected not to.”
The second expert concluded that Moreno suffered PTSD due to “violence and abuse by Mr. Miller” and that she did not have bipolar disorder despite Miller’s claims to the contrary.
Ultimately, judge Debra Boros rejected Miller’s push to strike the assessment and instead gave the congressman’s team time to find an alternative expert witness.
The trial is now scheduled to begin in May 2027.
Miller and his ex-wife, the daughter of Sen. Bernie Moreno (R-Ohio), have been mired in a nasty custody dispute over their three-year-old daughter that loomed over his campaign in a suburban district that President Trump won by 11 points in 2024.
The two got married at New Jersey’s Trump National Golf Club Bedminster in 2022, and the congressman filed for divorce on their second anniversary.
Looming over the case are questions about a broken collarbone the girl suffered this past February, along with “what appeared to be a handprint bruise” on her shoulder, according to a police report.
Moreno also claimed the couple’s daughter said, “Daddy kill you.”
Miller has vehemently denied all abuse accusations, especially ones pertaining to his daughter. The Cuyahoga County Division of Children and Family Services (DCFS) wasn’t able to find solid evidence that Miller harmed the child and no charges were brought.
Miller has since sued Moreno for defamation over the abuse claims.
Moreno has also raised concerns about possible drug use and erratic behavior by Miller, who was previously accused of abuse by former White House press secretary Stephanie Grisham.
Miller sued Grisham for defamation, a case which was later settled before trial.
