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.