Truckers Sit Tight, 
Wait Out The Storm

Mission Into Somalia Is A Welcome Move

By JERRY LYNOTT; Times Leader Staff Writer
 Thursday, December 10, 1992 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A QUICK WORDS: MILLINER NANTICOKE 





WILKES-BARRE -- An alleged confession James Milliner made to an
out-of-state police detective can be used against the defendant in his
homicide trial, a judge ruled Wednesday. &nbsp;&nbsp;&nbsp; 
 But the start of jury selection hinges on the outcome of a request by
Milliner's attorneys to question New Jersey police officers concerning the
defendant's arrest in April. &nbsp;&nbsp;&nbsp; On Wednesday afternoon, defense attorneys Michael Anthony and Demetrius
Fannick asked to question police in Monmouth County, N.J., about reading
Milliner his rights. &nbsp;&nbsp;&nbsp; 
 They told Senior Judge Bernard Brominski they want to find out if Milliner
requested an attorney at any time. They contended that if Milliner did, then
any statements, including the alleged confession, he made to police afterward
should not be allowed into the trial. &nbsp;&nbsp;&nbsp; 
 Prior to granting their request Brominski dismissed a defense motion to
keep the alleged confession out of the trial. &nbsp;&nbsp;&nbsp; 
 Monmouth County homicide Det. Michael Dowling testified Tuesday that
Milliner admitted robbing and killing Robert Kline. &nbsp;&nbsp;&nbsp; 
 The 29-year-old Wilkes-Barre man's body was found April 2 on a dirt road
off New Commerce Boulevard in Hanover Township. Monmouth Beach, N.J. police
arrested Milliner April 10. &nbsp;&nbsp;&nbsp; 
 Dowling testified Tuesday that Milliner made the statement on April 13
while the detective was interviewing him about unsolved murders in Asbury
Park, N.J., where Milliner lived in the 1980s. &nbsp;&nbsp;&nbsp; 
 However, the alleged confession was not included in the report of the
interview prepared by another detective, James Scully, who also met with
Milliner at that time. &nbsp;&nbsp;&nbsp; 
 The prosecution learned of the alleged confession Monday when county Det.
Gary Sworen attempted to contact Scully about traveling here for the trial. &nbsp;&nbsp;&nbsp; 
 During their conversation Dowling informed Sworen of the alleged
confession, prompting Sworen to ask him to prepare a report. &nbsp;&nbsp;&nbsp; 
 Upon receiving the report, the prosecution provided a copy to the defense
attorneys on Monday morning. &nbsp;&nbsp;&nbsp; 
 The defense attorneys said the report came too close to the start of the
trial to be used as evidence. &nbsp;&nbsp;&nbsp; 
 On Wednesday, Scully testified he was not present in the room when Milliner
made the alleged confession. He said Dowling told him of it after the
interview. But Scully said he kept the statement out of the report because he
believed it would not be allowed into the trial because Milliner invoked his
Miranda rights prior to the interview. Yet he said he included in his report
statements Milliner made about being tipped off by a councilman of his pending
arrest for the Kline killing. &nbsp;&nbsp;&nbsp; 
 Mark Yeager, Nanticoke councilman and Milliner's former boss, faces a
charge of hindering apprehension and prosecution in connection with the
homicide. &nbsp;&nbsp;&nbsp; 
 State Trp. Ben Grevera, the second prosecution witness to testify
Wednesday, said while he was in New Jersey to extradite Milliner Scully
informed him of the tip-off by Yeager. Grevera added Scully made no mention of
the alleged confession. &nbsp;&nbsp;&nbsp; 
 The state trooper stated his first contact with Dowling was this week at
the pretrial hearing. &nbsp;&nbsp;&nbsp; 
 Milliner, 25, has been held without bail in the Luzerne County Correctional
Facility since his return here April 13. He faces homicide and robbery
charges. &nbsp;&nbsp;&nbsp; 
 The prosecution notified the court it will seek the death penalty for
Milliner with a first-degree murder conviction.

Milliner Trial 
Judge 
Approves 
Alleged 
Confession 
A Nanticoke Councilman Faces Charges Of Hindering Apprehension And Prosecution 
In Connection With The Homicide Case

Milliner Trial Judge Approves Alleged Confession A Nanticoke Councilman Faces Charges Of Hindering Apprehension And Prosecution In Connection With The Homicide Case