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NewsApril 17, 2009

A preliminary hearing has been set for a man charged in connection with a murder that occurred in Cape Girardeau nearly 30 years ago. Max Ellison, 61, formerly of Sikeston, Mo., had an initial appearance at 11 a.m. Thursday before Cape Girardeau County Associate Circuit Judge Gary A. Kamp, according to Cape Girardeau County Prosecuting Attorney Morley Swingle...

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A preliminary hearing has been set for a man charged in connection with a murder that occurred in Cape Girardeau nearly 30 years ago.

Max Ellison, 61, formerly of Sikeston, Mo., had an initial appearance at 11 a.m. Thursday before Cape Girardeau County Associate Circuit Judge Gary A. Kamp, according to Cape Girardeau County Prosecuting Attorney Morley Swingle.

Ellison, charged with first-degree murder and robbery in connection with the 1979 killing of Deborah Martin, appeared in court via video feed from the Cape Girardeau County Jail. He is currently housed there on a $10 million cash-only bond.

Kamp set a preliminary hearing in the case for 8:30 a.m. May 4.

Swingle said he expects the case will go to trial because Ellison is out of federal prison on parole for a kidnapping conviction.

Pleading guilty to Martin's murder would revoke his parole, sending him back to prison to finish his 65-year sentence, Swingle said.

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Ellison has maintained his innocence of the killing, Swingle said, though his story changed several times.

Martin's body was found on the first floor of her plant and antique shop at 605 Broadway on the morning of Sept. 16, 1979, by one of her store employees.

At first, Ellison said he had spent the night with his wife, but when she disputed his story, he said he'd met another woman for a tryst, according to a probable-cause statement by detective Jim Smith. In March 2008, she admitted to lying for Ellison and that she hadn't been with him that night.

Between 1987 and 2007, Ellison had told several investigators a third story: that a friend of his had killed Martin and asked Ellison to help destroy evidence. The unnamed friend, according to the probable-cause statement, "vehemently denies that he killed Debbie Martin. In fact he says he never met Debbie Martin in his life." The statement goes on to say no witnesses were located who could establish any connection between the unnamed man and Martin.

bdicosmo@semissourian.com

388-3635

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