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Prosecutors seek reduction in sentence for man who was to testify at Ellison trial

Thursday, November 26, 2009
Acting federal prosecutor Michael Reap has asked for a reduction of the life sentence currently being served by a man who was set to be a key witness in the murder trial of Max Ellison Jr.

In federal court papers filed Wednesday and provided by Cape Girardeau County Prosecuting Attorney Morley Swingle, Reap and federal prosecutor James E. Crowe Jr. ask the U.S. District Court of eastern Missouri to reduce Ross Alan Milburn's life without parole sentence, based on his cooperation in the case against Ellison. Milburn was sentenced on drug conspiracy charges in 1983.

Ellison was the prime suspect in the 1979 murder of Deborah Martin. Milburn was Martin's boyfriend at the time of her death, and his cooperation was deemed important to the murder case against Ellison. In the federal court papers, Reap quotes Swingle as calling Milburn's testimony at Ellison's preliminary hearing the linchpin in the case against Ellison.

Ellison died in August while awaiting trial for Martin's murder. Swingle filed paperwork soon afterward to dismiss the case, saying he was confident Martin's killer was dead. Swingle also wrote to Crowe asking for the reduction in Milburn's sentence.

In the paperwork filed with the federal court, Reap said that Martin, in addition to being Milburn's girlfriend, was assisting him in his drug trafficking activities before her death.

During the cold-case investigation into Martin's murder, investigators cleared Milburn of any involvement. His testimony centered on the amount of money missing from a safe that only he and Martin knew the combination of. Evidence linked Ellison to a purchase of deposit certificates worth $80,000 shortly after Martin's death -- money that authorities believe Ellison got from the safe when he allegedly murdered Martin.


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"THE MAN" just knew Ross Milburn killed her back in the 70s now they have put away the wrong guy and ruined his life. Let him out NOW! He has done 30 years for drug trafficing, HARSH Wouldnt you agree?

-- Posted by TC1261 on Thu, Nov 26, 2009, at 8:37 AM

Milburn killed a lot of other people with his coke also so don't think he is a sweet guy. I know. A couple of those were friends brothers and were enlisted in high school when he was a teacher.

-- Posted by Not Me on Thu, Nov 26, 2009, at 10:15 AM

Surely twenty-seven years in prison is enough punishment for what this man was convicted of!

I am happy to see that he will live out the remaining years of his life as a free man. His debt to society has been paid, and was paid many years ago.

Some murderers spend much less time in prison than this man has.

-- Posted by arrestthem on Thu, Nov 26, 2009, at 4:22 PM

Mr. Wiffle name one person killed by Alan's coke. What an ignorant statement. I doubt if he once forced anyone to do drugs, anyway 28 years is about 25 too many. Alan has been a model prisoner, even though he can't practice law he's made his time useful and got his law degree.

He has a job waiting when he's released and will be a positive member of society.

-- Posted by Bill C on Thu, Nov 26, 2009, at 4:58 PM

Wiffle, your statement is ridiculous!

Wiffle would have every tobacco worker in prison and every person who works at a distillery or

brewery in prison as well because they sold drugs that have killed millions!! Again Wiffle, "RIDICULOUS".

-- Posted by GREYWOLF on Fri, Nov 27, 2009, at 9:04 AM

What's wrong with this sentence:

"His testimony centered on the amount of money missing from a safe that only he and Martin knew the combination of."

-- Posted by Rocket_Surgeon on Fri, Nov 27, 2009, at 9:23 AM

Rocket surgeon,

So!...Milburn was her boyfriend at the time.

He was CLEARED of any wrong doing in the murder case. life with NO parole for drug trafficing is indeed ridiculous! I just don't know how anyone can argue that.

-- Posted by GREYWOLF on Fri, Nov 27, 2009, at 3:57 PM

I am so glad to hear that Alan Milburn will and should be out. For he did not harm Debbie and he may have dealed in drugs. but why give someone life when they are of no harm. He was a great teacher of English and of karate. I had him as a teacher saw nothing wrong and never did wrong while teaching, I also was in school with Debbie Martin, but was 1 year above me. Please let him out for you have already ruined his life as a teacher and human being. But maybe not he has a strong mind for physcolgical reasoning. His students miss him for we are older too and respect him. Thank you. cindy

-- Posted by foggy morning on Fri, Nov 27, 2009, at 11:42 PM

The blinders Sniffles constantly wears greatly restrict his view of the real world. It's no use pointing this out to him because he can't hear due the earplugs Faux News tells him to wear. That way none of the liberal demons can infect his brain.

-- Posted by riregrist on Sat, Nov 28, 2009, at 12:02 PM

Mr. Wiffle....you are stupid....I'm quite sure you don't know Alan...you probably weren't even born when all of that happened...and by the way ....who died?

-- Posted by jitterbug on Tue, Dec 1, 2009, at 2:47 PM


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