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Thursday, December 10, 1992 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A QUICK WORDS: MILLINER 





The cops foul up by Steve Corbett &nbsp;&nbsp;&nbsp; 
 Times Leader Columnist &nbsp;&nbsp;&nbsp; (COMMENTARY) &nbsp;&nbsp;&nbsp; 
 All anybody was talking about Tuesday during pre-trial motions in the
murder trial of James Milliner was how somebody goofedBig time. &nbsp;&nbsp;&nbsp; 
 Looking like a small-town loan company officer in a white shirt and
suspenders, the 25-year-old accused executioner listened impassively as
Monmouth County homicide investigator Michael Dowling testified about their
10-minute interview last April. &nbsp;&nbsp;&nbsp; 
 Judging from what the New Jersey cop said, it was some interview. &nbsp;&nbsp;&nbsp; 
 Milliner admitted killing Robert Kline, Dowling said. &nbsp;&nbsp;&nbsp; 
 Bingo. &nbsp;&nbsp;&nbsp; 
 Just what every homicide detective hopes for -- a confession. &nbsp;&nbsp;&nbsp; 
 It's a pity, however, that Dowling didn't tell anybody about it. &nbsp;&nbsp;&nbsp; 
 That's right. &nbsp;&nbsp;&nbsp; 
 Detective gets killer to talk and then keeps it to himself. &nbsp;&nbsp;&nbsp; 
 On second thought, maybe he did mention it to his interview partner, James
Scully. &nbsp;&nbsp;&nbsp; 
 Unfortunately, Dowling isn't sure whether Scully was even in the room when
Milliner allegedly confessed. &nbsp;&nbsp;&nbsp; 
 That's because Scully was running in and out of the room trying to verify
other things Milliner said in the interview -- like when he lived above a gay
bar in Asbury Park and knew some of the same people Dowling and Scully knew. &nbsp;&nbsp;&nbsp; 
 Meanwhile, Dowling was breaking down Milliner's resistance by reminiscing
about when he lived in Kingston during the 50s when he was a kid. &nbsp;&nbsp;&nbsp; 
 It was at some point after that and after refusing to talk to police from
Pennsylvania that Milliner allegedly spilled the beans to Dowling. &nbsp;&nbsp;&nbsp; 
 Because this is what detective work is all about, it's fair to expect
Dowling to remember if his partner was in the room at the time. &nbsp;&nbsp;&nbsp; 
 But no dice. &nbsp;&nbsp;&nbsp; 
 To this day, Dowling isn't sure. &nbsp;&nbsp;&nbsp; 
 And, although Scully had been assigned to write the official police report
about the interview, he failed to mention anything about a confession. Dowling
figured Scully would highlight all the important stuff -- including the
confession, which he told Scully about. &nbsp;&nbsp;&nbsp; 
 es, this sounds like one of those stories you hear at closing time in a
Fraternal Order of Police bar. And, yes, it gets worse. &nbsp;&nbsp;&nbsp; 
 Nobody -- neither Scully or Dowling -- told police in Luzerne County. &nbsp;&nbsp;&nbsp; 
 Not knowing, they brought Milliner back to face the music. &nbsp;&nbsp;&nbsp; 
 Scully further confused the issue Tuesday when he said he purposely left
out certain things Milliner said because Milliner had "invoked" and Scully
figured such statements would be inadmissible in court. &nbsp;&nbsp;&nbsp; 
 Did Scully mean Milliner invoked his Miranda rights? Did Milliner ask for a
lawyer after being advised of these rights which entitle a suspect to counsel
and the right to remain silent? &nbsp;&nbsp;&nbsp; 
 Did Milliner waive these rights? &nbsp;&nbsp;&nbsp; 
 Did Milliner remain silent until he met Dowling? &nbsp;&nbsp;&nbsp; 
 Who knows. &nbsp;&nbsp;&nbsp; 
 Despite the crime for which Milliner is charged being particularly vicious,
neither New Jersey cop followed basic police procedure. &nbsp;&nbsp;&nbsp; 
 Instead, they emptied their weapons into the body of common sense, leaving
it wasted and dead on the floor of the police squad room. &nbsp;&nbsp;&nbsp; 
 Dowling, who said he definitely heard the confession, should have exchanged
high fives with Scully, discussed the confession and immediately told
Pennsylvania cops. &nbsp;&nbsp;&nbsp; 
 Instead, Dowling said diddley and Scully didn't mention it in his report. &nbsp;&nbsp;&nbsp; 
 Eight months later, as Luzerne County authorities prepared for trial, our
cops called their cops. &nbsp;&nbsp;&nbsp; 
 Scully had taken the day off to go hunting, so Dowling got on the phone. &nbsp;&nbsp;&nbsp; 
 Oh yeah, he said, by the way your guy confessed to me. &nbsp;&nbsp;&nbsp; 
 The judge hearing the case says he has never seen one like this. &nbsp;&nbsp;&nbsp; 
 Most cops would agree. &nbsp;&nbsp;&nbsp; 
 If it wasn't for deer season, prosecutors still wouldn't know about
Milliner's alleged confession. &nbsp;&nbsp;&nbsp; 
 Talk about a smoking gun. &nbsp;&nbsp;&nbsp; 
 Steve Corbett's column appears Tuesday, Thursday and Sunday.

The Cops 
Foul Up 
By Steve Corbett 
Times Leader Columnist 
(commentary) 
All Anybody Was Talking About Tuesday During Pre-trial Motions In The Murder 
Trial Of James Milliner Was How Somebody Goofed.

The Cops Foul Up By Steve Corbett Times Leader Columnist (commentary) All Anybody Was Talking About Tuesday During Pre-trial Motions In The Murder Trial Of James Milliner Was How Somebody Goofed.