Telegraph file photo by DEAN SHALHOUP John R. Miller Jr., right, in a January hearing with his attorney, Michael Craig, will undergo a competency evaluation before he is sentenced on charges accusing him of possessing child sexual abuse images.

NASHUA – Despite a prosecutor’s contention nothing has happened within the last year that would indicate John R. Miller Jr. is not competent to assist his lawyer in arguing his case, a Superior Court judge still halted last week’s sentencing hearing and ordered Miller to undergo an evaluation by a forensic psychiatrist.

“He clearly understood the charges against him … there’s been no change in circumstances,” Assistant County Attorney Nicole Thorspecken told Judge Charles Temple at last week’s abbreviated hearing.

“There’s nothing that states he’s unable to assist counsel,” she added.

However, in questioning Miller’s attorney, Michael Craig, Temple boiled down the matter to one key question for Craig: “Do you have any concerns about (Miller’s) competency?”

When Craig answered in the affirmative, Temple issued his order for the competency evaluation, noting Craig “has a bonafide concern” regarding Miller’s competency.

During a Jan. 10 plea hearing before Temple, Miller, 58, of 69 Crown St., entered one guilty plea and 11 so-called “Alford” pleas to the 12 counts of possession of child sexual abuse images with which he was charged in March 2016.

By entering Alford pleas, Miller is “not admitting that he committed the acts” for which he is charged in the 11 indictments.

He does agree to all the terms of the agreement, which, in this case, was a capped plea agreement. His sentence will likely end up being three and a half to seven years in State Prison.

All 11 charges, plus the one to which Miller pleaded guilty, are for the offense of possession of child sexual abuse images.

If the forensic psychiatrist finds Miller competent, the new sentencing hearing, according to Temple, will take place in roughly 90 days. If he is deemed incompetent, the case will resume in court.

The investigation that led to Miller’s arrest began when a computer technician, whom Miller called for assistance with problems he was having with his internet connection, happened to observe what appeared to be child pornography on Miller’s laptop, Thorspecken said at the Jan. 10 hearing.

The technician saw the image, Thorspecken said, when he opened a minimized browser while trying to diagnose the computer problem.

He went to police with what he observed, prompting the investigation that led to Miller’s arrest about a week later, Thorspecken added.

Craig told Temple Miller “wants to accept responsibility” for the offenses, “but he cannot remember” committing them, a statement that may be tied to Craig’s concerns regarding his client’s competence.