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

A Simpson hearing is named after a 2004 Arizona Appeals Court case Simpson v. Owens, where the court held that "due process requires that a full and adversarial evidentiary hearing be conducted."

The accused can be kept behind bars while that hearing is pending, but the court stated that the hearing "should take place as soon as is practicable to ensure that the accused is afforded due process and to maintain the presumption of innocence."

Kimerer believes he can make the case for Milke to be set loose on bond..

"I don't believe, based upon the Ninth Circuit's ruling, that the proof is evident or the presumption great at this point," Kimerer told me Wednesday when we spoke, "because all they have is this statement by Saldate claiming she confessed.

"The Ninth Circuit just shredded [Saldate's] credibility, so I would argue that the proof's not evident, [nor] the presumption great, unless Bill Montgomery has something else out there. And I've been trying to say, what other evidence does he have that would help, other than to make a deal with one of the two shooters?"

In fact, Montgomery left open the possibility of doing just that during his presser. That is, bargaining with the two men directly responsible for the homicide of Milke's son Christopher, both of whom are on death row, in order to secure a new murder conviction and death sentence for Milke.

Is there any new evidence, the county attorney was asked at his press conference?

"Nothing that I can reveal," said Monty slyly.

Translation: I've got bupkis save for Saldate.

The disgraced detective and the local legal system that sheltered and used him were taken to the woodshed in the Ninth's decision.

The jurists berated Saldate for his "mendacity and disregard for constitutional rights," offering numerous examples that were suppressed by the prosecutor and the local courts during Milke's trial.

As a result, Saldate's claim that Milke confessed to him -- a claim that relies on Saldate's word alone -- is worthless.

And if the court concurs with that simple logic, Milke might taste freedom, sooner rather than later.

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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 | 3 Comments

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

http://www.ucc.org/news/duchon-watson-07152013.html

Connecticut music director aims to right a wrongful convictionWritten by Anthony Moujaes
July 15, 2013

Shane Watson, left, and Will Duchon, right. Photo via Opus 30 Mission.

Will Duchon isn't a trial lawyer or criminal investigator, but he's on a mission to free a man convicted of murder. He's been director of music for Monroe Congregational Church, a United Church of Christ congregation in Monroe, Conn. for seven years -- but Duchon has spent more time than that working to exonerate Shane Watson, because he thinks Watson is innocent and that society deserves the truth.

Duchon was certainly never obligated to help Watson, a man convicted of murder in the early 1990s. But he claims that Watson's case was rife with prosecutorial and police misconduct, with a legal system that aimed at closing a file instead of seeking the truth. Because of that, Duchon has been working to free Watson for the past decade, not because it's a quest for social justice or a statement, but because it is right.

"It seemed pretty clear to me that he didn't belong there," Duchon said. "I just decided I wanted to do what I could to get him out."

Watson, who was convicted and imprisoned in 1993 for the murder of Mark Johnson, gunned down on a street in the Bronx, will face an appeals court on July 15, thanks to Duchon's assistance.

"At this point, we've made tremendous progress. Our attorney made a motion to overturn the conviction, and our attorney wouldn't have done that if he didn't feel confident about it," Duchon said.

Duchon started a blog, the Opus 30 Mission, in 2004 with the sole aim of one day helping Watson walk out of prison as a free man who was wrongly convicted.

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

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.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Folks, time to get educated on the ethical responsibilities of the prosecutors, who do not want to Amend ER 3.8, since they say they do not need this.

This "little, big man" sounds like a tyrant, not a minister of justice, which IS his responsibility to seek the truth NOT just to convict-at-all cost. Of course, he is following the precedent set by those who proceeded him, who sent innocent people to death row, i.e. Ray Krone.

Is it his West Point military mentality, that is, to "shoot first, and ask later" that he was taught?  

Arizona needs to stop thumbing its nose at the U.S. Constitution. 

Montgomery also needs to study the thousands of wrongful convictions across the nation in the empirical Exoneration Registry 2012, where the innocent were sent to death row, spent decades behind bars, had their convictions overturned. Over 1,100 exonerated since 1989. 

Like Arizona hasn't had wrongful convictions since Ray Krone?  Give us break!  

Prosecutors rarely get disbarred, yet in April 2012, after months of daily disciplinary hearings where all your elected officials, lawyers were heard, the two top prosecutors, disgraced ex-MCAO Andrew Thomas and his chief "charging" prosecutor ex-DCA Lisa Aubuchon were both disbarred for abuse of power and falsely accusing judges, officials, lawyers and newspaper executives.  Careers lost and legal settlements paid out -- by the taxpayers. 

What does one think they did to the "ordinary" people in their over 200,000 FELONY CASES? Consequences of this era will follow Arizona for decades and generations, with the lives and families who were destroyed under this reign of terror.

A very conservative estimate would be 1% innocent = 2,000 men or women are innocent and wrongfully convicted. 10% = 20,000 men or women. Wake up folks!

MCAO Montgomery and his cronies have swept this under the rug and are holding the lid on Arizona's Pandora's Box of shame and horrors, unlike Dallas TX DA Craig Watkins who came into office following a corrupt DA and tried to "right the wrongs". 

MCAO Montgomery should be man enough and have integrity enough to do the same. But then who are his "masters" as he trolls for higher office? Who will be Arizona's next Governor == Montgomery, Tom Horne, or the employer of child molester, Chris Simcox, Doug Ducey?  Great choice folks, in a one-party state, where they cover one another and put the rest in prison for decades or on death row. None have any credibility and have shown they violated the public trust. 

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

@Cozz  Romley, Levy, and those still driving the "system", designed to destroy those they can use for political gain.

The Ultimate Criminal Justice Textbook - Jingle Janglewww.jinglejangle.us/collegelibrariesflyer.pdf‎Jingle Jangle is the ultimate textbook on criminal justice. ... It's the story of Ray Krone, who was convicted for a 1991 murder he didn't commit. Ten years later.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz  then there's Ray Krone. Put him on death row, two trial until Krone was finally exonerated. No apologies to Ray from Romley.  Ray was exonerated over 11 years ago.

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'?

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@MaskedMagician1967  The justice system is NOT the military.  Militarized law enforcers follow "shoot first, ask later", that is not what Peace officers or those in the justice system do.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@MaskedMagician1967

Presiding Disciplinary Judge > Video Page - disciplinary hearing against - dsbarred ex-Maricopa County Attorney Andrew Thomas, disbarred ex-DCA Lisa Aubuchon, sanctioned ex-DCA Rachel Alexander  April 2012 

Listen to Gleason opening and closing statements which is stunning.


http://azcourts.gov/pdj/VideoPage.aspx 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz  Listen to Gleason's opening and closing arguments. Scathing enough to end in their disbarment. These belong in prison for the innocent lives they have destroyed under the color or law.

Presiding Disciplinary Judge > Video Page - disciplinary hearing against - dsbarred ex-Maricopa County Attorney Andrew Thomas, disbarred ex-DCA Lisa Aubuchon, sanctioned ex-DCA Rachel Alexander  April 2012


http://azcourts.gov/pdj/VideoPage.aspx 

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.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Presiding Disciplinary Judge > Video  Diisciplinary hearing against - disbarred ex-Maricopa County Attorney Andrew Thomas, disbarred ex-DCA Lisa Aubuchon, sanctioned ex-DCA Rachel Alexander  April 2012


http://azcourts.gov/pdj/VideoPage.aspx 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

JULY 11, 2013 - EXONERATED! in Michigan!

http://law.scu.edu/northern-california-innocence-project/michigan-man-exonerated-due-to-wrongful-arson-conviction/


Michigan Man Exonerated Due to Wrongful Arson ConvictionBy on July 11, 2013 5:06 pm

Northern California Innocence Projectfaulty fire scienceMichiganMichigan Innocence ClinicVictor Caminata

In another faulty fire science case, on July 2nd, Victor Caminata was released from prison after spending four years behind bars for a wrongful arson conviction. In 2009, Caminata was convicted of arson and sentenced to nine to 40 years in prison due to a March 2008 incident in which Caminata and his then girlfriend’s home was destroyed in a fire.  Although fire investigators initially determined that the fire was accidental and caused by a chimney, further investigation led experts to believe the fire was arson. Caminata was convicted after his former girlfriend testified against him.

Dave Moran, director of the Michigan Innocence Clinic, along with a team of attorneys represented Caminata with hopes to exonerate him based on overwhelming evidence of innocence. Judge William Fagerman was presented newly discovered evidence that affirmed the cause of the fire to be unknown. Based on the presentation of new evidence, Judge Fagerman ruled to vacate Caminata’s conviction and ordered him to be released." more...

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

July 12, 2013 - EXONERATED in Utah!

Court upholds decision that freed Debra Brown after 17 years in prison

Published: Friday, July 12 2013 10:30 a.m. MDT  By Emiley MorganDeseret NewsUpdated: 23 hours ago

Debra Brown smiles after her Utah Supreme Court hearing on the Utah Attorney General's effort to reverse Brown's exoneration at the Matheson Courthouse in Salt Lake City Sept. 4, 2012. The Utah Supreme Court on Friday upheld the determination that led to her dismissal.

Jeffrey D. Allred, Deseret NewsSummaryThe Utah Supreme Court on Friday upheld a decision that freed Debra Brown from prison after she had served 17 years for murder.


SALT LAKE CITY — The Utah Supreme Court upheld Friday a decision that freed Debra Brown from prison after she had served 17 years for murder.

Four of the five justices joined in the opinion, agreeing with 2nd District Judge Michael DiReda's decision that found Brown factually innocent." more..

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....."

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.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz @truthseekeraz

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....." 

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.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz @truthseekeraz  This is the information that is kept from the public  . Take the time to study these links and read the factual data that these universities have worked years to prepare. 

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.

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