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Local News

Saturday, December 12, 2009

Man who shot friend seeks early release
Scrambler Marie's Breakfast Bistro & Lunch
By JORDAN CRAVENS

staff writer

A man convicted of shooting a friend who hired him to kill two people in 2002, is asking a Hancock County judge to release him early from prison.

Earl R. Miller, 34, who is behind bars at the Allen Correctional Institution, is asking Common Pleas Judge Joseph Niemeyer to release him roughly six months early from prison.

Miller was convicted in 2002 of conspiracy to commit aggravated murder, and felonious assault in the shooting of his friend and codefendant Lee Vogelsong.

Miller was sentenced to eight years in prison and is due to be released May 30, according to the Ohio Department of Rehabilitation and Corrections Web site.

Niemeyer denied early release for Miller in July, but Miller's attorney, William Kluge, is trying again. A judicial release hearing is scheduled for 3 p.m. Wednesday in Niemeyer's courtroom.

According to Miller's own admission, Vogelsong hired him to kill Vogelsong's in-laws in Dayton. The plan was to make it look like a robbery gone bad and shoot them, Miller said in court in 2002.

Vogelsong, 40, of McComb, was released early from a nine-year prison sentence by Judge Reginald Routson in August. He was placed on five years of community control sanctions upon his release.

Vogelsong was convicted of conspiracy to commit aggravated murder, obstructing justice and intimidation of a witness.

Miller said in 2002 that he went as far as to travel to Dayton, but never carried out the killings.

The Hancock County Sheriff's Office said Miller and Vogelsong then planned a shooting of Vogelsong, and Miller did shoot Vogelsong at Vogelsong's residence in an effort to gain the sympathy of Vogelsong's estranged wife, who had moved to Dayton.

In a letter to Niemeyer, Miller wrote that he wishes to be reunited with his family, specifically his mother who has been diagnosed with terminal cancer. It is her dying wish to see her son, according to court documents.

Miller also wrote a letter of apology to Vogelsong's in-laws. Several friends and family members also wrote letters on behalf of Miller, according to court documents.

"I'm not asking to be excused from punishment, I'm just asking for you to find some way for my mother to see me walk out of prison a free man," Miller wrote in a letter to Niemeyer.

If released, Miller said he would stay with his mother in Defiance. He said he is currently enrolled in a vocational class through the prison and plans to continue his education.

Cravens: 419-427-8422,

Send an e-mail to Jordan Cravens


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Police seized all 20 plants, and Hendren said charges are pending.

High-powered growing lights, fans, and a box filled with dried marijuana were also found in the house, according to a police report.

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