Debra Milke conviction overturned

It's good that she's out. Based on how they convicted her in the first case, likely almost entirely because of a lying cop, it would be pretty shocking if they actually went to trial again. Maybe they're just trying to put off paying for the multimillion-dollar lawsuit she should be filing.

Yep. I bet they want her to waive damages in exchange for them dropping the charges, kind of like the Alford plea that got the WM3 out. But she's in a stronger negotiating position than the WM3, because her conviction has been quashed, and if they try her again, this time the jury will hear the full story on this police detective.
 
I remember the trial. She's guilty. Granted, if you throw out the confession, you probably can't convict, but she did it. The original confession by the idiot pal of her boyfriend mentions her specifically.
 
I remember the trial. She's guilty. Granted, if you throw out the confession, you probably can't convict, but she did it. The original confession by the idiot pal of her boyfriend mentions her specifically.


"If you throw out the confession"? There were GROUNDS for throwing it out you know, and no evidence there actually ever was a confession.

Bloody toads, why go on saying she is guilty without any evidence at all?
 
"If you throw out the confession"? There were GROUNDS for throwing it out you know, and no evidence there actually ever was a confession.
Well, there is evidence that there was a confession. It's just terrible, completely unbelievable evidence, like the evidence that aliens have visited Earth. ;)
 
If police lie or if prosecutors knowingly withhold evidence, they should serve the sentence of the accused when their lies are detected.
Seconded.


Having read the opinion, there is little doubt he lied about Milke not requsting a lawyer, and about her waiving her Miranda rights. And he probably materially mischaracterized what she said. Come on, he was told to record the interview and not only did he not record it, he destroyed his notes after he wrote his report.

I want to know the names of the prosecutors who tried this case. They need to be publicly shamed. I appeal to you, O internets, for help. Because as satisfying as Judge Kozinski's opinion was, I cannot understand why prosecutors who do things like this almost never get called out by name in judicial opinions detailing their misconduct.

Agreed.

Abuse of authority should hold the highest punishments.
 
I remember the trial. She's guilty. Granted, if you throw out the confession, you probably can't convict, but she did it. The original confession by the idiot pal of her boyfriend mentions her specifically.

The original confession of her idiot boyfriend was also made to none other than detective Saldate. It was excluded from Milke's trial as hearsay, which would have been no obstacle to the prosecution except that the idiot boyfriend denied ever saying Milke was involved, has consistently maintained for over 20 years that she was not involved, and refused to testify against Milke in any proceeding. At no time other than in Saldate's car has anyone with direct knowledge even allegedly claimed that Milke was involved. Saldate could just as easily have assumed the mother must be involved in a crime like this, and then just made **** up to bolster his theory. It seems to be his SOP, after all.

I'm not saying that she's actually innocent of involvement in the murder, because I have no idea. But the taint of Saldate is all over the boyfriend's confession as well, at least as to Milke's involvement (the location of the body was corroborated by the finding of the body, obviously, but that doesn't implicate MIlke). I just don't see sufficient warrant for belief that she is guilty, quite apart from the burden and standard of proof in a criminal trial.
 
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Debra Milke Press Conference. Sep 13, 2013
http://www.youtube.com/watch?v=xRl8ErGBKsc&feature=youtu.be&a

Bill Montgomery can't guarantee a retrial without Detective Armando Saldate's testimony. He hints there are other ways to try case.


"A federal appeals court tossed out the conviction because they believe the star witness, Detective Armando Saldate, was a bad cop who lied on the witness stand."

"Saldate did not tape record the confession, there were no witnesses, he destroyed his notes, and the appeals court said Saldate has a long record of lying under oath in court."

"Just Thursday Armando Saldate said through his lawyer he will take the fifth and not testify in any retrial of Debra Milke."

"Montgomery took shots at a court of appeals and Milke's defense attorneys on Friday, claiming they have been intimidating his key witness."

"Montgomery is sticking up for Saldate. He says the eight cases used to discredit Saldate were mischaracterized. Montgomery said Saldate never lied and his testimony against Milke is indeed credible."


http://www.kpho.com/story/23420855/witnesss-refusal-to-testify-jeopardizes-milke-retrial
http://www.myfoxphoenix.com/story/2...etective-to-testify-in-retrial-of-debra-milke
 
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"Just Thursday Armando Saldate said through his lawyer he will take the fifth and not testify in any retrial of Debra Milke."

"Montgomery took shots at a court of appeals and Milke's defense attorneys on Friday, claiming they have been intimidating his key witness."

"Montgomery is sticking up for Saldate. He says the eight cases used to discredit Saldate were mischaracterized. Montgomery said Saldate never lied and his testimony against Milke is indeed credible."
Legal Protip: If your star witness says he's going to exercise his 5th amendment right against self-incrimination if he's called to testify, you should probably ease up on defending him.
 
Legal Protip: If your star witness says he's going to exercise his 5th amendment right against self-incrimination if he's called to testify, you should probably ease up on defending him.

No kidding. It's one thing when its your client. If Saldate were my client, I would never ease up on defending him, repugnant as I find him. His lawyer is just doing his job, and should not be criticized for that, though everything he says must be taken with a huge grain of salt.

The prosecutors and the AG, on the other hand, represent the people of the state of Arizona, not Saldate. They have no such excuse. They have no legal duty to Saldate, and their continued insistence that he is credible is as indefensible ethically as it is legally. I wonder how many rape cases they've declined to prosecute due to far less serious credibility issues with the complaining witness.
 
"If you throw out the confession"? There were GROUNDS for throwing it out you know, and no evidence there actually ever was a confession.

Bloody toads, why go on saying she is guilty without any evidence at all?


The idiot friend of her boyfriend confessed to his (and her) involvement on tape. Her confession was not taped but his was.
 
Debra Milke's full statement on her release after 22 years on death row

http://ktar.com/22/1819247/Debra-Milkes-full-statement-on-her-release-after-22-years-on-death-row


"I had absolutely nothing to do with the brutal murder of my son, Christopher, and I did not give a confession to Mr. Saldate. I always believed this day would come. I just didn't think it would have to take 25 years, 3 months and 14 days to rectify such a blatant miscarriage of justice.

"Losing a child to murder is a devastating tragedy with an indescribable pain no parent should ever have to feel. It is the purest form of anguish imaginable that sears the soul, and the hurt never goes away, ever. The only thing equally worse is to be falsely accused of participating in your own child's death. Someone in this room may identify with the pain of the loss of a child but I'm quite sure you don't know what it feels like to be accused by the authorities contributing to it.

"My little son, Christopher, meant everything to me and I love him with all my heart. I miss him terribly and think about him every single day. He was such a sweet and affectionate child. He loved to be silly and make others laugh. Often, I hear his cute little laugh in my mind that instantly brings a smile to me as I remember the many hugs and kisses, his "I love you, mommy" whispers in my ear and the darling smile he had that sometimes made it hard for me to say no to him. He had many curiosities but one of his most favorite things to do was to pedal his Big Wheel as fast as he could, put on the brakes and spin out. He went through 2 Big Wheels until the motorized cars caught his attention. Yes, he had one of those but, thankfully, he couldn't spin out with it.

"He'd get the biggest kick out of popping the bubble I'd blow with bubble gum. The bigger the bubble, the more fun it was for him. Watching it deflate on my face caused the giggles, followed by, "blow another one, mommy!"

"I have countless memories, precious memories, of Christopher that are etched in my heart and mind. No one can ever desecrate them or take them away from me. His death is a tragedy of unspeakable magnitude to me, my family, and those who loved him. He is sorely missed but never forgotten, as he will forever remain the greatest joy and blessing in my life. I live with an abiding sense of loss, and a chunk of my heart is gone but Christopher's spirit is with me always, which is a comfort to the remaining pieces of my broken heart.

"Being falsely accused of a crime you didn't commit is also a devastating tragedy. Try to imagine that as some of you sit in judgment of me. The prosecution against me was one of malicious nature. My innocence did not matter in their pursuit of a conviction. Honoring Christopher's memory did not matter in their pursuit of justice. We, as U.S. citizens living under the same Constitution, deserve justice. Law enforcement officials are human and a badge or law degree does not make them moral. Some of them are corrupt but many are not. Seeking a conviction at any cost is unconscionable and is now what defines justice. The Chief Judge of the 9th Circuit Court perfectly states that "bad cops, and those who tolerate them, put all of us in an untenable position." Injustice does not discriminate. What happened to me can happen to anyone, as it already has hundreds of times over thus far across the country. This could happen to any one of you. If you don't believe it could happen, you're either misinformed or in a deep state of denial.

"My legal fight pales in comparison to the immense pain in my heart and soul over the cruel death of Christopher but the unfortunate encounter with Mr. Saldate, who has a long history of lying, fabricating evidence, and violating people's rights, left an indelible impression so traumatizing that I can still hear his life-shattering words.

"In closing, I am profoundly grateful to my awesome lawyers, Michael Kimerer and Lori Voepel, who lived and breathed my case for over a decade, working tirelessly to redress this injustice. I extend my deepest thanks to the numerous lawyers who helped to restore honor and justice for my son, Chris.

"I give my heartfelt thanks to Frankie for his years of relentless research and for being the voice for Chris and me. To Pat and Patti, thank you for believing in me and for your unconditional love and support. To my dear mother for sacrificing so very much and walking with me down this pain-filled road. To Paul for being an advocate of mine for many years, and to the thousands of people out there for their belief in me, kind sentiments and moral sense of justice. My heart is truly filled with enormous gratitude."
 
So, now that this innocent woman has lost 22 years of her life due to a policeman who lied under oath, does the state of Arizona intend to: (a) compensate her monetarily for stealing a bit over two decades of her life or (b) take legal action, leading to prison, against the lying cop?
Should be both!!!!! At a minimum.
 
Debra Milke's full statement on her release after 22 years on death row

http://ktar.com/22/1819247/Debra-Milkes-full-statement-on-her-release-after-22-years-on-death-row


"I had absolutely nothing to do with the brutal murder of my son, Christopher, and I did not give a confession to Mr. Saldate. I always believed this day would come. I just didn't think it would have to take 25 years, 3 months and 14 days to rectify such a blatant miscarriage of justice.

"Losing a child to murder is a devastating tragedy with an indescribable pain no parent should ever have to feel. It is the purest form of anguish imaginable that sears the soul, and the hurt never goes away, ever. The only thing equally worse is to be falsely accused of participating in your own child's death. Someone in this room may identify with the pain of the loss of a child but I'm quite sure you don't know what it feels like to be accused by the authorities contributing to it.

"My little son, Christopher, meant everything to me and I love him with all my heart. I miss him terribly and think about him every single day. He was such a sweet and affectionate child. He loved to be silly and make others laugh. Often, I hear his cute little laugh in my mind that instantly brings a smile to me as I remember the many hugs and kisses, his "I love you, mommy" whispers in my ear and the darling smile he had that sometimes made it hard for me to say no to him. He had many curiosities but one of his most favorite things to do was to pedal his Big Wheel as fast as he could, put on the brakes and spin out. He went through 2 Big Wheels until the motorized cars caught his attention. Yes, he had one of those but, thankfully, he couldn't spin out with it.

"He'd get the biggest kick out of popping the bubble I'd blow with bubble gum. The bigger the bubble, the more fun it was for him. Watching it deflate on my face caused the giggles, followed by, "blow another one, mommy!"

"I have countless memories, precious memories, of Christopher that are etched in my heart and mind. No one can ever desecrate them or take them away from me. His death is a tragedy of unspeakable magnitude to me, my family, and those who loved him. He is sorely missed but never forgotten, as he will forever remain the greatest joy and blessing in my life. I live with an abiding sense of loss, and a chunk of my heart is gone but Christopher's spirit is with me always, which is a comfort to the remaining pieces of my broken heart.

"Being falsely accused of a crime you didn't commit is also a devastating tragedy. Try to imagine that as some of you sit in judgment of me. The prosecution against me was one of malicious nature. My innocence did not matter in their pursuit of a conviction. Honoring Christopher's memory did not matter in their pursuit of justice. We, as U.S. citizens living under the same Constitution, deserve justice. Law enforcement officials are human and a badge or law degree does not make them moral. Some of them are corrupt but many are not. Seeking a conviction at any cost is unconscionable and is now what defines justice. The Chief Judge of the 9th Circuit Court perfectly states that "bad cops, and those who tolerate them, put all of us in an untenable position." Injustice does not discriminate. What happened to me can happen to anyone, as it already has hundreds of times over thus far across the country. This could happen to any one of you. If you don't believe it could happen, you're either misinformed or in a deep state of denial.

"My legal fight pales in comparison to the immense pain in my heart and soul over the cruel death of Christopher but the unfortunate encounter with Mr. Saldate, who has a long history of lying, fabricating evidence, and violating people's rights, left an indelible impression so traumatizing that I can still hear his life-shattering words.

"In closing, I am profoundly grateful to my awesome lawyers, Michael Kimerer and Lori Voepel, who lived and breathed my case for over a decade, working tirelessly to redress this injustice. I extend my deepest thanks to the numerous lawyers who helped to restore honor and justice for my son, Chris.

"I give my heartfelt thanks to Frankie for his years of relentless research and for being the voice for Chris and me. To Pat and Patti, thank you for believing in me and for your unconditional love and support. To my dear mother for sacrificing so very much and walking with me down this pain-filled road. To Paul for being an advocate of mine for many years, and to the thousands of people out there for their belief in me, kind sentiments and moral sense of justice. My heart is truly filled with enormous gratitude."

I do so hope the slime is convicted and sent to a prison where people he railroaded (and, what the hell, people he didn't) can have their ways with him for a very long time.
 

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