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Thread: Debra Jean Milke - Arizona

  1. #121
    Senior Member CnCP Legend JimKay's Avatar
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    Milke case: Feds decline civil-rights charges vs. detective

    A former Arizona detective under fire for wrongdoing and whose testimony was the crux of a conviction against a woman recently released from death row in the 1989 killing of her 4-year-old son won’t face federal charges himself, authorities said Tuesday.

    Debra Milke was accused of having two men shoot her son in the desert outside Phoenix, and she was found guilty in 1990.

    She spent 24 years on death row before the 9th U.S. Circuit Court of Appeals overturned her conviction in March. The panel cited the prosecution’s failure to turn over evidence, saying that deprived her attorneys the chance to question the credibility of the state’s key witness — a detective who told jurors she confessed.

    The appeals court lambasted prosecutors for not revealing to Milke’s lawyers during her original trial that former Phoenix police Detective Armando Saldate committed misconduct in previous cases, including lying under oath and violating suspects’ rights.

    Saldate did not record his interrogation of Milke, so jurors were left with his word alone that she confessed. Milke has maintained her innocence and denied she ever told Saldate she had any part in the killing.

    A retrial is set for 2015 after her release on bond in September, but since the appeals court’s allegations against Saldate, he is now trying to assert his Fifth Amendment right against self-incrimination and not testify at her retrial.

    While county prosecutors had assured Saldate he would not face state charges based on the appeals court’s assertions, the ruling was sent to the U.S. Justice Department’s Civil Rights Division for review.

    In a statement emailed to The Associated Press on Tuesday, the Justice Department said investigators “reviewed this matter and concluded that the evidence does not indicate a prosecutable violation of the applicable federal criminal civil rights statutes.”

    Maricopa County Attorney Bill Montgomery has dismissed the appeals court’s findings of misconduct by Saldate as “grandiose mischaracterizations.”

    Montgomery has been trying to persuade Saldate to testify again at Milke’s retrial, since the judge made it clear that if he doesn’t, the purported confession can’t be used, and there is very little other evidence linking her to the crime.

    The two men convicted in the killing did not testify at her trial and remain on death row.

    Saldate has not returned telephone messages from the AP. His lawyer, Larry Debus, also did not return a telephone message Tuesday.

    In a motion filed earlier this month, Debus noted prosecutors were merely “trying to save a murder prosecution” with little regard for what happens to his client, citing the then-outstanding probe being conducted by the Justice Department as reasonable fear for Saldate wanting to assert his Fifth Amendment right.

    A hearing in the case is set for Friday, during which a judge will determine whether Saldate indeed has a reasonable fear of future prosecution should he testify again.

    http://www.azcentral.com/news/arizon...detective.html

  2. #122
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    Detective in Milke case can plead 5th, judge rules

    A Maricopa County Superior Court judge this morning granted a former Phoenix Police detective’s request to invoke his 5th Amendment right not to testify against accused child killer Debra Milke.

    Milke spent 23 years on death row before her conviction was tossed by a federal appeals court and her case sent back to Maricopa County prosecutors because her trial lawyers had been denied access to the personnel record of Armando Saldate,the detective who claimed she confessed to having her 4-year-old son murdered.

    Judge Rosa Mroz has already said that if Saldate does not testify, then prosecutors cannot introduce the questioned confession into evidence. Milke denies confessing, Saldate did not tape-record the supposed confession and there were no witnesses who can say that it ever took place.

    Without the confession, the prosecution has a weak case.

    In 1991, Milke, now 49, was sentenced to death for helping to plan the murder of her son Christopher in December 1989. The boy thought he was going to the mall to see Santa Claus, but instead, Milke’s roommate and another man took him to the desert and shot him in the head. Milke’s conviction was based largely on a confession, supposedly obtained by Saldate.

    Then, at trial, the state refused to turn over Saldate’s personnel record, which contained information about misconduct that could have been used to challenge his credibility.

    In March of this year, the 9th U.S. Circuit Court of Appeals ordered that Milke be released or given a new trial. The panel of judges cited several cases in which lower courts had made judicial findings of Saldate’s misconduct. The confession could only be used, according to the opinion, if Saldate’s personnel record was also disclosed.

    The 9th Circuit judges also wrote that if Saldate admits having lied in other cases, he will be discredited, and if he sticks to his original stories, he will risk committing perjury.

    And the judges also forwarded the ruling to the U.S. Attorney’s Office in Phoenix and the U.S. Department of Justice “for possible investigation into whether Det. Saldate’s conduct, and that of his supervisors and other state and local officials, amounts to a pattern of violating the federally protected rights of Arizona residents.”

    Then, over the objection of prosecutors, Milke was released on a $250,000 bond when Mroz ruled: “The existing information does not make it ‘plain and clear’ ... that the defendant committed the crimes.”

    In light of the menacing language of the 9th Circuit opinion, Saldate asked for a lawyer, and Mroz appointed one who advised him not to testify lest he risk incriminating himself.

    Montgomery and the case prosecutor, Vince Imbordino, have stated publicly and in court filings that the 9th Circuit was wrong in its analysis of cases in which Saldate was supposedly found by judges to have committed misconduct.

    In August, the U.S. Attorney’s Office said that it did not intend to investigate Saldate for civil-rights violations, and on Dec. 6, the Justice Department likewise sent a note to Montgomery that “concluded that the evidence does not support a prosecutable violation of the applicable federal criminal civil rights statutes.”

    But in her ruling this morning, Mroz noted that the two federal prosecutor letters only implied that their offices would not prosecute Saldate for his actions in the Milke case. That would leave him open to future perjury and possible civil rights charges in other cases he investigated that were examined by the 9th Circuit, including at least one case in which the defendant has been executed. Furthermore, she noted, the county prosecutor’s oral assertion that it would not prosecute Saldate would not grant him immunity against federal prosecution.

    Mroz did not mention in the order whether the questioned confession will be kept out of trial. That will likely be argued in subsequent hearings.

    http://www.azcentral.com/news/articl...amendment.html
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  3. #123
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    Judge won’t dismiss charges in Milke murder case

    The judge in the Debra Milke murder case refused Tuesday to dismiss the case because of double jeopardy.

    Then, dealing equally with the prosecution, she denied a motion to reconsider an earlier decision that allows a former Phoenix police detective to invoke the Fifth Amendment and refuse to testify if Milke’s case goes back to trial.

    Milke, 49, spent 23 years on Arizona’s death row for the murder of her 4-year-old son in 1989. But her conviction and death sentence were thrown out last March by a federal appeals court because of the original prosecutor’s failure to disclose evidence that might have helped Milke’s attorneys challenge the Phoenix detective who claimed she had confessed to him.

    The confession was not recorded, there were no witnesses to confirm it took place, and Milke denies confessing. But defense attorneys in the 1990 trial were unable to obtain the detective’s tawdry personnel record detailing his misconduct in other cases. The 9th U.S. Circuit Court of Appeals regarded that as a “Brady violation,” and ordered that Milke be released or retried

    Milke’s attorneys, Michael Kimerer and Lori Voepel, filed a motion stating that the case should be thrown out altogether because the prosecutor’s conduct was egregious and constituted double jeopardy, meaning that she would be unfairly tried twice for the same crime.

    As Maricopa County Superior Court Judge Rosa Mroz wrote in her ruling Tuesday, the usual remedy for prosecutorial misconduct is a retrial, except in the most serious cases. Milke’s case was not one of the latter, she wrote.

    Mroz, a former deputy Maricopa County attorney, wrote that she “does not have any evidence that the prosecutor’s actions constituted active concealment,” and she did not feel the original prosecutor, Noel Levy, who is retired, acted in bad faith.

    Retrying the case was sufficient remedy, Mroz wrote.

    But Mroz also refused to reconsider her earlier decision to allow former Phoenix police detective Armando Saldate to invoke the Fifth Amendment, given the strong language of the 9th Circuit Court ruling that sent Milke’s case back to Maricopa County Superior Court.

    In a court hearing Jan. 17, the current prosecutor, Deputy County Attorney Vince Imbordino, indicated that he would appeal such a ruling to a higher state court, and Mroz said that the case would then remain on hold until the appeals court made a decision.

    http://www.azcentral.com/community/p...rder-case.html
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  4. #124
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    Appeal filed over testimony in Debra Milke case

    Prosecutors in a case against an Arizona mother whose 1990 conviction in the killing of her young son was overturned have appealed a ruling that allows a key witness to assert his right against self-incrimination and refuse to testify against her at a retrial.

    Authorities say Debra Milke had two men shoot her 4-year-old son in the desert outside Phoenix in 1989. But after more than two decades on death row, an appeals court last year overturned her first-degree murder conviction.

    Milke was released on bond and awaits a 2015 retrial.

    The case against Milke rested largely on her purported confession, which now-retired Phoenix police Detective Armando Saldate did not record. That left jurors with his word alone that she told him about her involvement. Milke has maintained her innocence and denied she ever confessed.

    After hearing arguments, Judge Rosa Mroz granted Saldate's request to assert his Fifth Amendment right against self-incrimination and refuse to testify at Milke's retrial.

    In its ruling overturning her conviction, the 9th U.S. Circuit Court of Appeals cited, in part, the prosecution's failure to reveal evidence that could have called Saldate's credibility into question.

    The court cited numerous instances in which he committed misconduct in previous cases, including lying under oath and violating suspects' rights- details that were not provided to Milke's defense lawyers during her trial.

    Saldate now claims he fears potential federal civil rights charges based on the appeals court accusations of misconduct.

    Mroz's ruling allowing him to assert his Fifth Amendment right effectively gutted the state's case. Without Saldate's testimony, the judge said, the purported confession would most likely not be allowed at Milke's retrial.

    ``By allowing the witness to invoke `blanket' privilege, respondent judge's order prevents the witness from disclosing relevant information that is essential to the truth-seeking function of a trial,'' prosecutors wrote in a filing this week with the state Court of Appeals.

    Oral arguments on the motion have been set for March 5.

    Defense attorneys are seeking dismissal of the entire case against Milke, noting in a previous motion that ``the only direct evidence linking defendant to the crimes is the defendant's alleged confession to Saldate.''

    Saldate and his attorney have not returned repeated phone calls from The Associated Press.

    Prosecutors argue that if Saldate doesn't testify again, it ``will cause irrevocable harm to the state's ability to present its case and will deny the victims' constitutional rights to justice and due process.''

    They also contend that Saldate has not met the burden for establishing a reasonable fear of prosecution if he testifies, noting that county and federal prosecutors have said they don't plan any charges against him.

    Saldate's attorney have said prosecutors have not provided anything in writing that formally grants his client immunity, and that there were no guarantees he would never face charges.

    The two men convicted in the child's death did not testify against Milke and remain on death row.

    http://ktar.com/22/1701525/Appeal-fi...bra-Milke-case
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  5. #125
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    Appeals court arguments delayed in son killing

    The state Court of Appeals will hear arguments in April regarding an Arizona mother whose 1990 conviction in the killing of her son was overturned.

    Authorities say Debra Milke had two men shoot her 4-year-old son in 1989. But after more than two decades on death row, an appeals court overturned the conviction last year. Milke is now free on bond.

    The state's key witness - a detective who told jurors Milke confessed - is refusing to testify again, meaning the purported confession likely can't be used at her 2015 retrial. Milke has denied involvement.

    Prosecutors are asking the appellate court to overturn a judge's decision that allowed the detective to assert his Fifth Amendment right.

    Oral arguments were set for Tuesday but are now scheduled for April 9.

    http://www.azfamily.com/news/Appeals...248424441.html
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  6. #126
    Senior Member CnCP Addict Richard86's Avatar
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    Are there any original trial transcripts for this case online? I'm finding it hard to believe a jury convicted her solely on the prosecution case being a detective saying she confessed (with nothing to independently verify that) and her defense being that she denied confessing. Even aside doubts about his credibility no one should be convicted solely on that basis.

  7. #127
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    Appeals court arguments set in son killing case

    Arguments before the state Court of Appeals could determine the fate of an Arizona mother whose 1990 conviction in the killing of her son was overturned after she spent more than two decades on death row.

    Authorities say Debra Milke had two men kill her 4-year-old son in 1989. But an appeals court last year overturned her murder conviction, setting the stage for a 2015 retrial.

    The case against her rested largely on her purported confession, which a now-retired detective did not record. His credibility has been called into question by the appeals court that overturned Milke's conviction.

    The former detective is refusing to testify again.

    Prosecutors on Wednesday will ask the Court of Appeals to reverse a judge's ruling that allowed him to assert his right against self-incrimination.

    http://www.myfoxphoenix.com/story/25...#ixzz2yOElA9z0
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    "Y'all be makin shit up" ~ Markeith Loyd

  8. #128
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    Prosecutors win appeal in 1989 son killing case

    A retired detective who refused to take the stand again, asserting his right against self-incrimination, will be forced to testify at the retrial of an Arizona mother charged with having her son killed in 1989, the state Court of Appeals ruled Thursday.

    "As citizens, each of us has a duty to testify in criminal proceedings in our courts when called upon to provide relevant information," the three-judge panel wrote in its decision overturning a lower court judge's ruling that allowed the former officer to assert his Fifth Amendment right.

    The ruling is a major victory for prosecutors who insist Debra Milke is guilty and are planning a 2015 retrial.

    Authorities say Milke had two men shoot her 4-year-old son in the desert outside Phoenix. She was found guilty in 1990 and spent more than two decades on death row before a federal appeals court last year overturned her first-degree murder conviction. Milke has since been released on bond.

    The original case against Milke rested largely on her purported confession, which now-retired Phoenix police Detective Armando Saldate did not record. That left jurors with his word alone that she told him about her involvement. Milke has maintained her innocence and denied she ever confessed.

    In its ruling overturning Milke's conviction, the 9th U.S. Circuit Court of Appeals cited the prosecution's failure to reveal evidence that could have called Saldate's credibility into question.

    The court cited numerous instances in which he committed misconduct in previous cases, including lying under oath and violating suspects' rights — details that were not provided to Milke's defense lawyers during her trial. The federal appeals court also asked the Justice Department to investigate whether Saldate had committed civil rights violations.

    Saldate, who has not returned repeated telephone calls from The Associated Press, claims that he fears potential federal charges if he testifies again based on the appeals court accusations of misconduct.

    In December, Superior Court Judge Rosa Mroz granted Saldate's request to assert his Fifth Amendment right, allowing him to refuse to take the stand at Milke's retrial.

    Prosecutors, however, argued before the state Court of Appeals last week that Saldate did not have the right to assert the Fifth Amendment because he has no reasonable fear of prosecution after both county and federal authorities informed him that they don't intend to seek charges based on any of the accusations leveled by the federal appeals court.

    Saldate's attorney countered that authorities had offered no guarantees that he wouldn't face charges in the future based on his testimony at the retrial.

    "Based on a review of the record before us, Saldate has not shown a real and appreciable risk of prosecution for such claims," the state Court of Appeals wrote in ordering that he may be compelled to testify against his will.

    The ruling was crucial to the state's case against Milke because Judge Mroz had previously said that if Saldate didn't testify again, the purported confession likely couldn't be used at her retrial.

    Saldate's attorney, Treasure Van Dreumel, didn't return a telephone message seeking comment on Thursday. Milke's attorneys also did not respond to a request for comment. Prosecutors declined to discuss the ruling.

    However, on Wednesday, Maricopa County Attorney Bill Montgomery said that if the court ruled in the state's favor, he expected Saldate's attorney to appeal to the state Supreme Court.

    Milke's defense lawyers are still seeking dismissal of the entire case against her, noting in a previous motion that "the only direct evidence linking defendant to the crimes is the defendant's alleged confession to Saldate."

    Milke, whose mother was a German who married a U.S. Air Force military policeman in Berlin in the 1960s, has drawn strong support from citizens of that nation and Switzerland, neither of which has the death penalty.

    The two men convicted in the child's death did not testify against Milke and remain on death row.

    http://www.adn.com/2014/04/17/342987...#storylink=cpy
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  9. #129
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    Case tossed vs. woman held 22 years in son's death

    An Arizona appeals court has ordered that murder charges be dismissed against a woman who spent 22 years on death row in her son's death.

    The Arizona Court of Appeals ruled Thursday that the charges against Debra Jean Milke in the 1989 death of her son Christopher can't be refiled. A three-judge panel said it agrees with Milke's argument that a retrial would amount to double jeopardy.

    A federal appeals court threw out Milke's first-degree murder conviction more than a year ago, saying prosecutors knew about a history of misconduct by a detective on the case but failed to disclose it. Milke has since been released on bond.

    Authorities say Milke had two men shoot her 4-year-old son in the desert outside Phoenix. She was found guilty in 1990.

    The original case against Milke rested largely on her purported confession, which Phoenix police Detective Armando Saldate did not record. He has since retired.

    That left jurors with Saldate's word alone that she told him about her involvement. Milke has maintained her innocence and denied she ever confessed.

    In its ruling overturning Milke's conviction, the 9th U.S. Circuit Court of Appeals cited numerous instances in which Saldate committed misconduct in previous cases, including lying under oath and violating suspects' rights. The federal appeals court also asked the Justice Department to investigate whether Saldate had committed civil rights violations.

    Saldate has not returned repeated telephone calls from The Associated Press.

    Prosecutors insist Debra Milke is guilty and have been planning a 2015 retrial, but Saldate has claimed he fears potential federal charges if he testifies again, based on the appeals court accusations of misconduct.

    In December, Superior Court Judge Rosa Mroz granted Saldate's request to assert his Fifth Amendment right, allowing him to refuse to take the stand at Milke's retrial.

    The state Court of Appeals overturned that ruling in April and said Saldate would be forced to testify at the retrial. Both county and federal authorities said they don't intend to seek charges against the detective based on any of the accusations leveled by the federal appeals court.

    Saldate's attorney countered that authorities had offered no guarantees that he wouldn't face charges in the future based on his testimony, and an appeal to the state Supreme Court was expected.

    Judge Mroz had previously said that if Saldate didn't testify again, the purported confession likely couldn't be used at her retrial.

    Milke's defense sought dismissal of the entire case against her, noting in a previous motion that "the only direct evidence linking defendant to the crimes is the defendant's alleged confession to Saldate."

    The two men convicted in the child's death did not testify against Milke and remain on death row.

    Milke, whose mother was a German who married a U.S. Air Force military policeman in Berlin in the 1960s, has drawn strong support from citizens of that nation and Switzerland, neither of which has the death penalty.

    Milke's mother died in Germany in August after a battle with cancer. A week earlier, a judge had denied Milke's request for permission to travel to Germany to visit her sick mother.

    http://www.sfchronicle.com/news/us/a...th-5951021.php
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  10. #130
    Senior Member CnCP Addict Richard86's Avatar
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    I'm doubtful of the safety of her original conviction, but I'm not sure on what grounds re-trying her would be double jeapody

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