Bill Montgomery Doubles Down on Armando Saldate, Debra Milke Denied Bail Pending Trial (For Now)

montypurse.JPG
MCAO
Monty, doing his best to defend slimy ex-detective Armando Saldate...

Please see updates below re: Milke's being denied bail.

Maricopa County Attorney Bill Montgomery should consider chucking the prosecutor gig, and starting a new career as a defense attorney.

Already, he makes a fine mouthpiece for Armando Saldate, the ethically-challenged former Phoenix cop, whose questionable testimony put Debra Milke on death row.

Truly, Monty sounded like he was representing Saldate during his regularly-scheduled Wednesday presser, wherein he left open the possibility of calling Saldate to testify in a retrial of Milke.

According to our county prosecutor, the recent Ninth Circuit U.S. Court of Appeals ruling, which tossed Milke's 1990 conviction for her supposed involvement in the murder of her 4 year-old son, was "way over the top" in its denunciation both of Saldate, and of the legal system that suppressed evidence of his wrongdoing.

See Also:
Bill Montgomery Wants to Retry Debra Milke: Lying Ex-Cop Armando Saldate Monty's Major Handicap
DEATH-ROW DEBBIE NO ONE WANTED TO BELIEVE SHE COULD KILL HER CHILD:
SHE CONVINCED THEM SHE DID

"I think a law clerk was upset over what they read without having the entire record in front of them and drafted an opinion that a judge put their name on," cracked Monty.

"There's absolutely no evidence that prosecutors withheld any information," he asserted, later adding, "Capital cases in the Ninth Circuit take on a very unique character, and this is just one latest example of that."

Hey, federal appellate judges, what do they know about the law, right?

When those jurists blast, in their words, Saldate's "mendacity and disregard for constitutional rights," and the state for remaining "unconstitutionally silent" and not disclosing a "trove of undisclosed impeachment evidence," they're just blowing off steam, according to Montgomery.

Never mind that the appellate court appended to its opinion a chart of Saldate's sleazy doings, with dates, case numbers, descriptions, and the type of violations involved.

Read the Ninth Circuit's stinging opinion, overturning Debra Milke's conviction.

Monty contended that "all that stuff would have been available to the defense."

Uh, "available to the defense"? Monty must be smokin' the good ganja, despite his supposed distaste for the medical grade variety.

None of the examples of Saldate's deceit offered by the Ninth Circuit were known to the defense at the time.

The Ninth relates that it took 10 researchers working on the appeal 7,000 hours -- combing through court cases looking for Saldate's name -- to come up with the examples the defense offered the federal court.

But the county attorney's office sure knew about them. Why do you think the MCAO was so keen on blocking the defense's probes into Saldate's background?


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26 comments
ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

http://wrongfulconvictionsblog.org/2013/05/17/michael-morton-act-to-become-texas-law-on-september-1/

Michael Morton Act to Become Texas Law on September 1Posted on May 17, 2013 by Nancy Petro | 

Texas Senate Bill 1611, known as the Michael Morton Act, has been passed by the Texas legislature, signed by the governor, and will become law on September 1. It requires that prosecutors give defense attorneys any evidence that is relevant to the defense’s case.

This advance is a fitting legacy for Michael Morton, wrongfully convicted of killing his wife, and wrongfully incarcerated for 25 years before DNA exoneratedhim and linked to a seasoned felon, who has since been convicted of the crime. Since his release, Morton has become a strong advocate of prosecutorial accountability and criminal justice reform.

Texas is among the highest of U.S. states in exonerations, with 125, according to the National Registry of Exonerations.

As mentioned earlier on this blog (here), this is one of several initiatives aimed at reducing conviction errors in the state.

Read the bill (here).

The bill and other related initiatives are supported by Texas newspapers as indicated in editorials (here) and (here).  

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Mr. Montgomery, Public opinion may not matter to you, as you stated, BUT the facts of wrongful convictions do matter. This can no longer be hidden from the public by politicians and prosecutors like you who choose to ignore them in Arizona.  

No wrongful convictions and exonerations since Ray Krone over 11 years ago? The state legislators apologized to Krone and said they had to do better next time. Better at what? Hiding wrongful convictions of the innocent?

Thousands wrongfully convicted across the nation. 

Study the The Exoneration Registry


https://www.law.umich.edu/special/exoneration/Pages/about.aspx 

Cozz
Cozz topcommenter

If you haven't done so, you really need to read the findings of the Federal Appeals Court. Very eye opening on what goes on with the Maricopa County Attorneys Office, Judges and the Maricopa County Superior Court system of Injustice.

Does anyone know who the original Judge and County Attorney was in Superior Court ?...

I believe Romley was the County attorney then. 

Whats amazing is the Arizona Appeals Court also laughed in Milke's face too, further violating her Constitutionals Rights.

F-ing Arizona, Wow...The Arizona Justice System just doesn't have any respect for the Constitution or the laws, which is so obvious as stated in this appeal findings.

Not to mention it appears the State Court was actually working along side with the Prosecutor to continue to violate Milke's Constitutional rights in the post conviction relief efforts.

Fucking scumbags these prosecutors and Judges are.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Debra Milke should be allowed out on bond to prepare for her trial, same as what was given to Ray Krone. The 9th Circuit overturned her conviction. She should be able to prepare for her trial and access a legal library which the jail does not have. She should be able to appear in court in street clothes not jail stripes..

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Anyone can stand at a podium playing hardball with peoples' lives when they are accountable to no one and have absolute immunity. Not what one expects in a civil society with equal justice for all.

National Exoneration Registry - Cases Most Recently Added


https://www.law.umich.edu/special/exoneration/Pages/RecentlyAdded.aspx

States hard at work "righting the wrongs". Why isn't Arizona doing the same? 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Reply to comment sent by an informed citizen:


“"I think a law clerk was upset over what they read without having the entire record in front of them and drafted an opinion that a judge put their name on," cracked Monty.”

Reply: Law clerks are not supposed to decide the outcome of an appeal – JUDGES are! Law clerks just write opinions at the direction of the judges or at least that’s how the system is supposed to work. However we know for a fact in one man's  Rule 32 the judge never read his claims and we have the proof of it on paper in black and white for all to see. Now Montgomery has proven to me that law clerks writing opinions on appeals is SOP for the state courts with his statement above.

teknik
teknik topcommenter

yup. the good ole boys run this state and they get to do whatever the fuck they want

Cozz
Cozz topcommenter

Montgomery, NEEDS to be disbarred.

Nothing but a lying piece of shit he is. MCAO has a long history of hiding things from the defense and violating the Constitutional rights of others.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Anyone can stand at a podium playing hardball with peoples' lives when they are accountable to no one and have absolute immunity. Not what one expects in a civil society with equal justice for all.

National Exoneration Registry - Cases Most Recently Added


https://www.law.umich.edu/special/exoneration/Pages/RecentlyAdded.aspx

States hard at work "righting the wrongs". Why isn't Arizona doing the same? 

ano31459
ano31459

Bill would be best reading up a bit on the internet.... 

Does he think he is smarter than people who have studied the case closely?

What a total idiot ( was going to use a harsher word ) why doesn't he just keep his gob shut?


If he doesn't know what he is talking about, why doesn't he jus

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

http://txcatholic.org/news/339-michael-morton-act-passed-by-texas-legislature-and-signed-into-law

Michael Morton Act Passed by Texas Legislature and Signed into Law
The Texas Legislature approved the Michael Morton Act, and Governor Perry signed it into law on Thursday, May 16. 


The Act broadens a defendant’s access to evidence that could prove innocence. Also known as Senate Bill 1611, the law explicitly states that every prosecutor has a duty to disclose documents or information that could raise questions about a defendant’s guilt or lead to a lighter sentence if there is a conviction.

Michael Morton was wrongly convicted of murdering his wife and spent 25 years in jail. Recent DNA testing exonerated Morton of the crime, and the district attorney who prosecuted him has been accused of withholding evidence that would have proven Morton’s innocence during his trial.

Passage of the bill, coincided with the week of the 50th anniversary of the Supreme Court decision in Brady vs. Maryland, which established access to exculpatory evidence as a constitutional right.

It was inspiring to see the Texas House rally to that founding principle and pass SB 1611 unanimously, 146-0. The Senate also approved the bill unanimously. The Act takes effect January 1, 2014. 

View the full text of the SB 1611

Cozz
Cozz topcommenter

@truthseekeraz  

Frankly I'm surprised to to see more prosecutors aren't attacked and killed with the all the bullshit they get away with.


Texas just had a couple dumped.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

“The Ninth relates that it took 10 researchers working on the appeal 7,000 hours -- combing through court cases looking for Saldate's name -- to come up with the examples the defense offered the federal court.”

Citizens reply to comment:  What took them 7,000 hours to search for manually could have been done in minutes by using Anant Tripati’s software. Remember Tripati at http://corruptarizonacourts.com ? 

Now can you see how this software he created for reviewing cases has the potential to expose the 100 year system of corruption in Arizona Courts and why they had to destroy him or be destroyed themselves? There is a silver lining however and it’s called progress through technology. There is a powerful need for what Tripati’s software can do and corrupt Arizona courts cannot fight the future forever. Consequently their days and those like them are numbered! Which means better days are yet to come.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@teknik  A one-party system for decades = tyranny. Remember "the good ole" boys get off on the power, manipulation and control over women in this state. Women are a minority group. Lest we forget, minority groups are discriminated upon in Arizona. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz

See update, 6/30/13: AZ Supreme Court Rules Court Forum Case No. R-11-0033 Ethics responsibility of prosecutors...

http://azdnn.dnnmax.com/Portals/0/NTForums_Attach/16302167654.pdf
Larry Hammond, Petitioners' Reply in Support of Amending ER 3.8

Note: Only the AG & MCAO oppose to Amend ER.3.8 (Ethics responsibility for prosecutors)
pg. 2-3, footnote #2: "Only Bill Montgomery and Tom Horne submitted opposing comments during the previous comment period. All of their arguments, however, were addressed during the previous comment period....." 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz

http://txcatholic.org/news/339-michael-morton-act-passed-by-texas-legislature-and-signed-into-law

Michael Morton Act Passed by Texas Legislature and Signed into Law
The Texas Legislature approved the Michael Morton Act, and Governor Perry signed it into law on Thursday, May 16. 


The Act broadens a defendant’s access to evidence that could prove innocence. Also known as Senate Bill 1611, the law explicitly states that every prosecutor has a duty to disclose documents or information that could raise questions about a defendant’s guilt or lead to a lighter sentence if there is a conviction.

Michael Morton was wrongly convicted of murdering his wife and spent 25 years in jail. Recent DNA testing exonerated Morton of the crime, and the district attorney who prosecuted him has been accused of withholding evidence that would have proven Morton’s innocence during his trial.

Passage of the bill, coincided with the week of the 50th anniversary of the Supreme Court decision in Brady vs. Maryland, which established access to exculpatory evidence as a constitutional right.

It was inspiring to see the Texas House rally to that founding principle and pass SB 1611 unanimously, 146-0. The Senate also approved the bill unanimously. The Act takes effect January 1, 2014. 

View the full text of the SB 1611

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz  Yes, for using this high-profile case to grandstand for political gain at taxpayers expense. 

Kern County, CA DA Ed Jagels set the pattern back in the early nineties, sent many innocent people to prison and never was held accountable. He went on to build their failed three-strikes laws that created a prison boondoggle that has made incarceration #1 in California, education at the bottom. He retired with his lucrative pension. Watch the award-winning documentary "WITCH HUNT".

In a civil society, what man should play God with peoples' lives, as to who shall live and who shall die?  Certainly, not a politician.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Arizona needs the Michael Morton Act, then many of these cases would evaporate along with all the money, saving wasted taxpayers' $$$'s used for political gain.

The prosecutor turned judge was arrested and may be sent to prison.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

New Study: Prosecutors, Not Police, Have Driven Prison Population Growth

The United States prison population has exploded over the past 40 years. But why? Have police been making more arrests? Have prosecutors been charging more people with crimes? Have judges been issuing longer sentences? Have parole boards become stricter? (All of the above?) Since many accounts of mass incarceration collapse “the criminal justice system” into a single monolith, it can be hard to know exactly what part of the system has driven the growth in the prison population.

A new empirical study by Fordham law professor John Pfaff aims to provide a more granular explanation of the causes of mass incarceration. Pfaff concludes that only one other relevant number has changed as dramatically as the prison population has: the number of felony case filings per arrest. In other words, police haven’t been arresting more people:

[B]etween 1982 and 1995, arrests rose by 26% (from 3,261,613 to 4,118,039) while mean [prison] admissions rose by 149% (from 212,415 to 530,642); between 1995 and 2007, arrests fell by 28.6% while admissions rose by another 31.9%. It is thus clear that arrests are not driving the growth in incarceration—and by extension neither are trends in crime levels, since their effect is wholly mediated by these arrest rates. 

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