Rick Gammon, the attorney for Derril Willard, the man police suspect was having an affair with Miller's wife, Ann, will tell a Wake County Judge Donald Stephens what he knows.
The North Carolina Supreme Court ruled in August that Gammon needed to give up the information by Friday. He has decided at this point, he has no grounds for appeal.
"Part of my oath as a lawyer is to uphold the law and the law at this present time is for me to give a sealed affidavit and even though I don't like that, it's not my choice to substitute my opinion or my preference above that of the Supreme Court or Judge Stephens," Gammon said.
"I'm optimistic it will help us solve this crime and determine what happened," Wake County district attorney Colon Willoughby said.
Gammon said revealing the information compromises the attorney-client privilege. The Supreme Court said Stephens will decide if that is the case.
"In my humble opinion, it's a dark day for the attorney-client privilege and a dark day for lawyers and their clients in general," Gammon said.
"I don't think this bodes any ill for the legal profession. It may increase public confidence in what we do if it leads to the truth," Willoughby said.
After the Supreme Court ruling, Yvette Willard, Derril's widow, said her husband had nothing to do with Miller's death. By 5 p.m. Friday, Gammon must submit in a sealed affidavit everything he knows about the case to Stephens. However, both sides in the case say they may appeal, depending on what it is in the affidavit.
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