Debra Milke Still Has Shot at Bail, Despite Bill Montgomery's Statements

milkeinbw.JPG
Jon Gipe
Milke in an old jailhouse pic...

At his Wednesday press conference where he doubled-down on his support of deceitful ex-Phoenix detective Armando Saldate, Maricopa County Attorney Bill Montgomery insisted that Debra Milke, the person Saldate put on death row, would remain nonbondable pending trial.

"I want to underscore, she's not entitled to bail under the Arizona constitution," Monty told reporters. "So folks asserting she's going to be released pending trial, that's not going to happen."

See, Milke's back to being "the accused," since the Ninth U.S. Circuit Court of Appeals threw out her conviction on March 14, and since Monty has decided to retry the 49 year-old.

Article II, Section 22 of the Arizona Constitution makes capital offenses nonbondable, if "the proof is evident or the presumption great" as to the accused's guilt.

See Also:
Bill Montgomery Doubles Down on Armando Saldate, Debra Milke Denied Bail Pending Trial (For Now)
Bill Montgomery Wants to Retry Debra Milke: Lying Ex-Cop Armando Saldate Monty's Major Handicap

"She is charged with a capital crime, a jury returned an indictment, so we're well beyond the proof evident presumption great level," maintained Monty.

But isn't that up to a judge? Couldn't a judge decide to grant Milke bail, after 22 years on death row?

"In violation of the Arizona Constitution, I guess a judge could do that," said Montgomery.

Initially, that assertion seemed validated late Wednesday by a minute entry from Superior Court Judge Joseph Welty, setting a status hearing before Judge Rosa Mroz for July 17, and ordering that Milke be held without bond. (Milke will also be transported from Perryville Prison, where she lives now, to county jail.)

But that ain't the final word, according to Milke's defense attorney Michael Kimerer, who got back to me this morning via email.

"There was no bail hearing," wrote Kimerer. "Judge Welty, the presiding Judge entered his order assigning the case to Judge Mroz, set a status conference, and ordered ex parte to hold [Milke] without bond.

"This was expected because the presumption in Arizona is that you are nonbondable in a capital case. However, that presumption can be challenged if we can show the `proof is not evident or the presumption not great' that she committed the crime. (See A.R.S. 13-3962). We will be doing that and Judge Mroz will probably set what is called a `Simpson Hearing' to make that determination."


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35 comments
MaskedMagician1967
MaskedMagician1967 topcommenter

It should be noted that Arizona can't be spelled without Nazi.

I seriously wonder if the pols in this state have a portrait of Hitler, give the Nazi salute and shout "Heil Hitler!"?

Cozz
Cozz topcommenter

Lets not forget, this was Romley's original doing.
MontePoodle is just following in his footsteps.


I always knew Romley was a piece of shit.

The civil rights violations investigation needs to start with Romley and go from there.

MaskedMagician1967
MaskedMagician1967 topcommenter

Personally I think Milke's lawyer needs to appeal to the U.S. Supreme Court and put an end to this bullshit.

I also think if the Supremes agree with Milke's lawyer the ruling should order MontyPug's disbarment because he allowed a case with no merit to proceed, allowed breathtaking abuse of the Constitution, failed to turn over exculpatory evidence to the defense, etc.

MaskedMagician1967
MaskedMagician1967 topcommenter

What I don't understand is how MontyPug could go from excellent soldier (he served in Desert Storm. He led his platoon through heavy enemy gunfire and didn't suffer a single casualty) to crappy lawyer.

Personally, I don't think MontyPug wants his job as Maricopa County Attorney.

sadstate
sadstate

let this poor woman out , tired of paying for innocent people being in prison , where else but arizona, land of hang em high so I cn get promoted.

notice it happens to woman alot.

MaskedMagician1967
MaskedMagician1967 topcommenter

MontyPug should tread very lightly, especially since his predecessor was disbarred for shit like this.

Does anyone have a link to the State Bar of Arizona? Maybe it's time to file a complaint with them.

Get ready to open your wallets Maricopa County taxpayers, I see an expensive trial, civil lawsuit, and disbarment trial on the horizon.

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.

Flyer9753
Flyer9753 topcommenter

She should not even be re-tried, not after all the proprietorial and investigative misconduct as well as outright lying by the officer.

Cozz
Cozz topcommenter

Look at it this way, if this Arpaio buttlicker Montepoode does pursue this case and gets his ass handed to him, we all know a major civil suit will follow.

The cost of the retrial, civil suit and the award will be 10's of millions of dollars.


It might just be enough to get Montepoodle disbarred or at least send his sorry ass down the road.



But then again, the sorry ass voters in Maricopa County will probably think he's a hero for costing them millions in tax payer money.

Cozz
Cozz topcommenter

Piss on MontePoodle.

I wouldn't be surprised to find out at some point MontePoodle offers the other two shooters a deal if they fabricate evidence to save his sorry ass.


Anybody that trust MontePoodle and the Maricopa County Attorneys Office is an absolute fool.

MaskedMagician1967
MaskedMagician1967 topcommenter

Cozz, I suspect that, at the time, Romley had no reason to believe Saldate was as ethically challenged as the 9th portrays him.

I wonder what he has to say now that the 9th threw out Milke's 'confession'?

Cozz
Cozz topcommenter

@truthseekeraz  

Thats scary to see  42% due to misconduct....

How can anyone trust anyone in the justice system with numbers like that.

MaskedMagician1967
MaskedMagician1967 topcommenter

Truth, it took 44 years for the government to apologize to over 100, 000 Japanese-Americans who were interred as spies in concentration-camp like prisons during WWII. No apologies from 9 presidents from FDR to George HW Bush.

Cozz
Cozz topcommenter

@truthseekeraz

They never do applogise for almost costing someone their life or years in prison because of their corruption.

They just merrily go on their way destroying the next person's life with pleasure.

Cozz
Cozz topcommenter

@MaskedMagician1967 

But the fact is, he was the CA when this case went to trial and the State hid evidence. 


Romley was also the CA when I went through my situation and knew what MCSO was doing and also did nothing about that as well. 

In fact the CA Office tried to hide evidence in my case as well and made it impossible to find out various things along the way.

I never did trust Romley and knew that fucker was dirty.

Another fact is, the CA that prosecuted my case is now a Judge, imagine that.

Cozz
Cozz topcommenter

@truthseekeraz @Cozz

Not telling me anything new here, I watched the case online as it happened.

Disbarment is not all they deserved, they deserved prison time as well as far as I'm concerned.

Arpaio should be in prison as well, he slipped right out of that situation and should not have been allowed to.

yourproductsucks
yourproductsucks

@Cozz @truthseekeraz The State Bar of Arizona is not free of their own scandelous behaviour.

Judge William O'Neil, the presiding Disciplinary Judge was involved in mortgage fraud which was swept under the rug and he continues to be the sole proprietor for weilding/ ignoring discipline against attorneys.

Cozz
Cozz topcommenter

@truthseekeraz 

No kidding....

Justice in this State would be better served if it was run by a bunch of Monkey's...oh wait, it already is.

MaskedMagician1967
MaskedMagician1967 topcommenter

Expert, religion is a protected class and has absolutely no bearing on whether or not someone is qualified to hold a political office or be appointed to a judgeship.

MaskedMagician1967
MaskedMagician1967 topcommenter

Cozz, just a thought, I do wonder if David Palmer is related to MCSO's Sergeant Brett Palmer, oftelling elected officials to "shut up!"?

Cozz
Cozz topcommenter

@ExpertShot 

Not the most honorable person I've had to deal thats for sure. 

But then again, if you were honorable person that actually worked for the CA's office, you would be disqualified from being a Judge in this County since you might actually be fair and honest.

The funny thing is, most of the judges are X prosecutors, which pretty much means your screwed walking into their courts right off the bat since they are still Prosecutors under their robes no matter how much they try and convince you otherwise.

Cozz
Cozz topcommenter

@yourproductsucks

I totally agree with you on this. I have seen several times that they just looked the other way on complaints. I've always thought in many ways they are no better than those that should be disbarred.

MaskedMagician1967
MaskedMagician1967 topcommenter

Eleanor, monkeys have more ethics and common-sense than MontyPug.

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