By Peter D'Oench

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MIAMI BEACH (CBSMiami) — The attorney for a man accused of a violent attack on a woman in Miami Beach says the victim picked the wrong guy out of a photo lineup.

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Casey Terrell Miller, 25, was arrested at his apartment on West Avenue Tuesday after police executed a search warrant.

“He was picked out of a lineup, your honor,” said Miller’s attorney in court Wednesday morning. “And that means that there was a question in whether this is the correct person or not.”

The victim said she ended up at a Miami Beach apartment after she blacked out and after the suspect had bought her a drink. It’s where she says she was sexually battered.

Miller is facing a slew of charges including sexual battery with serious personal injury and kidnapping with a weapon.

According to the arrest report, the woman was walking back to the Fontainebleau Hotel on Monday after getting into an argument with some women she was with at Mango’s Cafe at 900 Ocean Drive.

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She said Miller drove up in a black, four-door vehicle. The report said he asked her why she was crying and she agreed to go to a bar to have a drink. She bought the first drink. He bought the second one. She may have blacked out.

The next thing she knew she was inside Miller’s apartment at 1035 West Avenue. She said she tried to escape and ran towards a door but Miller grabbed her. When she struck him on his head several times with her cell phone, she says he beat her, choked her, slammed her head on the ground and then sexually battered her.

After the attack, the victim remembers being inside of a stairwell and then inside a Walgreens at 1011 Alton Road – less than a block away from the West Avenue apartment.

Police said the victim had severe bruises to her face, a swollen lip, what appeared to be bite marks to her left and right shoulders, as well as bruising around the neck and a fracture to her right forearm.

She told police she recalled leaving a cell phone and wallet in the apartment.

On Tuesday, one day after the attack, police were able to track Miller to the apartment.

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CBS4 learned in court that Miller works at a car dealership and was convicted last year of battery. He is being held without bond.

Peter D'Oench