AZ - Michael Milke, 4, brutally murdered, Phoenix, 2 Dec 1989

[geevee]

Debra Milke update: Ex-detective seeks out of Arizona woman's retrial

PHOENIX - 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 is set for a hearing Friday as he asks a judge to allow him to assert his Fifth Amendment right against self-incrimination and not testify at her retrial.

Full article:

http://www.abc15.com/dpp/news/regio...s-out-of-arizona-womans-retrial#ixzz2nO3FURHK

 

[geevee]

Michael Kiefer ‏@michaelbkiefer 2h I will be at the Debra Milke hearing to see if former Det. Armando Saldate gets to plead the 5th. If so, the "confession" he got is out.

 

[geevee]

MC Superior Court ‏@courtpio 11m State v Debra Milke: Motion re: Detective Saldate's right to invoke 5th amendment has been taken under advisement by Judge Rosa Mroz

 

[geevee]

Troy Hayden ‏@troyhaydenfox10 5m Just spoke with former death row inmate Debra Milke. She was pleased the detective who interrogated her now wants to take 5th.

 

[geevee]

MC Superior Court ‏@courtpio 18 Dec Judge Rosa Mroz ruling: IT IS ORDERED denying the State’s request to compel Saldate to testify over Saldate’s Fifth Amendmentclaim.

Minute Entry 12/18/2013:

http://www.courtminutes.maricopa.gov/docs/Criminal/122013/m6092072.pdf

Minute Entry 12/19/2013:

http://www.courtminutes.maricopa.gov/docs/Criminal/122013/m6093776.pdf

 

[geevee]

Michael Kiefer ‏@michaelbkiefer 18 Dec Maricopa Cty Judge Rosa Mroz grants former Det. Armando Saldate's right to invoke his 5th Amendment and not testify against Debra Milke.

Troy Hayden ‏@troyhaydenfox10 18 Dec With detective Saldate now allowed to take the 5th, can't see how former death row inmate Debra Milke can be re tried. Wow. #fox10

 

[geevee]

On the docket:

12/20/2013 023 - ME: Order Entered By Court - Party (A) 12/20/2013

12/20/2013 MFW - Motion For Withdraw of counsel - Party (A) 12/20/2013
NOTE: Motion to Withdraw as Attorney of Record

Can't find anything on which attny filed to withdraw from case, nor is the Minute Entry posted for the 12/20 order, will post when info becomes available.

 

[geevee]

Busy week coming up, evidentiary hearings every day and two hearings on Friday:

1/13/2014 13:30 Evidentiary Hearing
1/14/2014 13:30 Evidentiary Hearing
1/15/2014 13:30 Evidentiary Hearing
1/16/2014 13:30 Evidentiary Hearing
1/17/2014 13:30 Evidentiary Hearing
1/17/2014 14:00 Status Conference
---
On the docket today:

1/10/2014 099 - ME: Withdrawal Of Counsel - Party (A) 1/10/2014

The Minute Entry granting Armando Saldate's attorney Mr. DeBus' motion to withdraw as attorney of record:

http://www.courtminutes.maricopa.gov/docs/Criminal/012014/m6115796.pdf

 

[bearfossils]

The assumption seems to be that Saldate's conduct and Milke's confession was never challenged at trial. It was. All the facts of the confession were given to the jury about no tape recording although he was told to tape it. No Miranda waiver, no notes, etc....all brought out at trial and the jury still convicted her. All of that will be gone now, yes. But there's no proof that Saldate was the only reason she was convicted. And, like most appeals lawyers, the role of Saldate's former misconduct has been overhyped as being the reason for the conviction.

I know this discussion is a bit old, but I just watched a special about the case and came here to see what ya'll thought and find some updates on the case. Anyway, the television program I watched (it was on the Bio channel as part of a ‘Mothers Who Kill’ marathon) included an interview with a private investigator who observed the trial; he was stunned she was found guilty and wanted to know why the jury made that decision. He could only get one juror to speak to him, and she didn't go into much detail about it. Exasperated, he finally asked the juror what one piece of evidence "sealed it" for them, so to speak. The juror responded that it was "the tape" that made the indecisive jury find her guilty. This perplexed him, because apparently the tape was not played at the trial – though the program mentioned that this cassette tape was "referenced and quoted" during the trial.

The cassette tape in question was an interview between Saldate and Milke's sister, in which her sister basically described Debbie as extremely manipulative, and made other very negative comments about her character. So, if you believe the PI, the jury convicted her based largely on Debbie's sister's extremely negative depiction of her character. The program made mention that no reason was given as to why that cassette tape was specifically requested by the jury, or why it was so vital to their decision.

If that was really what made the jury convict, it's ridiculous, IMHO. I have not decided if I think she is guilty or not – I am leaning toward believing she is innocent based on what I have read here. Either way, she definitely deserves a new trial at the very least, considering how her first trial has been so muddied by that crooked cop, among other things. Whatever the truth is, I hope it is brought to light and justice is served: whether that means she is freed and reimbursed by the state, or she is put back in prison for the rest of her days.

 

[geevee]

Michael Kiefer ‏@michaelbkiefer · 1m1 minute ago

Arizona Court of Appeals orders murder case dropped against Debra Milke on double jeopardy grounds and "egregious prosecutorial misconduct."

 

[geevee]

Court of Appeals Opinion:

http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2014/SA 14-0108.pdf

 

[geevee]

Here is the 3/14/2013 9th Circuit decision, granting the Writ of Habeas Corpus and setting aside the convictions and sentences:

http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/14/07-99001 web - corrected.pdf

Do I read that right that her post conviction appeal was heard and decided by the trial judge?

Page 20 of document:

"In reviewing the exhibits attached to Milke's post conviction petition, Judge Cheryl K. Hendrix, who was also the trial judge, "was unable to find a reference to the type of evidence that is allowed under Rule 608 to impeach the credibility of a witness."

I can't get any further back than 2001 on the Minute Entries to see if I'm reading the above correctly and the docket lists the current judge (Hon. Rosa Mroz).

 

[geevee]

Troy Hayden ‏@troyhaydenfox10 · 3h3 hours ago
AZ Supreme Ct denies appeal, releasing Debra Milke from all charges in death of her son. Spent 23 yrs on death row.



https://twitter.com/troyhaydenfox10

 

[geevee]

MC Superior Court ‏@courtpio · 50m50 minutes ago
Judge Rosa Mroz has granted the media’s request for a live stream in the State v. Debra Milke hearing on Monday 3/23/2015 at 8:30 am.

 

[geevee]

Live stream for hearing this morning:

http://www.abc15.com/live?_ga=1.63856680.6842894.1427115836

 

[geevee]

Hopefully this one will also be live:

https://www.youtube.com/watch?v=LtxNHMzVHjA

 

[Queen Bee]

thank you geevee, good to see you again :seeya:

i've semi followed this case.....what is this hearing for please? i thought she was out for good? :thinking:

 

[geevee]

thank you geevee, good to see you again :seeya:

i've semi followed this case.....what is this hearing for please? i thought she was out for good? :thinking:

Hiya Queen Bee, great to see you! The hearing is listed as a status conference but supposedly to formally dismiss charges against her and release her from the ankle bracelet, I hope there are no curve balls and today is the end of it for her.

 

[geevee]

Fox is live now, with Monica Lindstrom and Samia (?) talking about the case before the hearing begins:

https://www.youtube.com/watch?v=LtxNHMzVHjA

 

[geevee]

ABC has the seal up:

http://www.abc15.com/live