Debra Milke's Attorneys Ask Judge to Set Bail

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Will Debra Milke be granted bail after more than two decades on death row?

Debra Milke should be granted bail in her pending re-trial for murder because the main evidence against her is the word of a lying scoundrel of an ex-cop with zero credibility.

That's pretty much the argument offered by Milke's attorneys Michael Kimerer and Lori Voepel in a motion filed Monday in superior court.

As I explained in a previous blog item, Milke, whose 1990 conviction in the slaying of her 4-year-old son Christopher was recently overturned by the Ninth U.S. Circuit Court of Appeals, may still be entitled to bail under the provisions of the Arizona Constitution.

See Also:
Debra Milke Still Has Shot at Bail, Despite Bill Montgomery's Statements
Bill Montgomery Doubles Down on Armando Saldate, Debra Milke Denied Bail Pending Trial (For Now)

Normally, capital cases are nonbondable, assuming the prosecution can establish that, "the proof is evident and the presumption great" of the accused's guilt.

But as the motion for a bail hearing states, Maricopa County Attorney Bill Montgomery's case "rests almost entirely upon the testimony of [former Phoenix Police homicide] detective Armando Saldate."

Read Debra Milke's lawyers' motion to set bail.

And Saldate has a long history of unethical behavior that involves lying to judges, grand juries, his supervisors, you name it.

Indeed, in throwing out Milke's conviction, the Ninth detailed at length Saldate's "lack of compunction about lying during the course of his official duties" and his "willingness to abuse his authority to get what he wants."

The appeals court ruled that Saldate's record of mendacity should have been revealed to jurors, as Milke's first trial was essentially a "swearing contest" between Saldate, who claimed Milke confessed to him, and Milke, who insisted she did not, while maintining her innocence.

Given this record and given that Saldate did not record Milke's supposed confession, to which he was the only witness (natch), how can the prosecution show that "the proof is evident and the presumption great" as to her guilt?



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13 comments
ExpertShot
ExpertShot topcommenter

What ya want to bet her ex-boyfriend set her up and was somehow responsible for the murder!

eric.nelson745
eric.nelson745 topcommenter

I assume that if she is retried, the death penalty will not be on the table. That said, and notwithstanding the lying ways of ex-detective Saldate, what was she thinking when she let those two saddle tramps take the little boy "to see Santa?"

DonkeyHotay
DonkeyHotay topcommenter

More proof that Cops are Lying Lowlife Scumbags.


Cozz
Cozz topcommenter

That would require MontePoodle and the Judge to do the right thing, we all know MontePoodle isn't capable of doing the right thing and I will believe the Judge is when I see it happen.

DonkeyHotay
DonkeyHotay topcommenter

@eric.nelson745 ... if being a bad parent were a crime, there wouldn't be enough prisons in the world to hold all the perps.

MandyMountain
MandyMountain

@truthseekeraz These cases lead me to infer that there are a LOT of people in prison for crimes they didn't commit. Unfortunately there is no DNA test for faulty eyewitness testimony or for lying prosecutors or cops. The prosecutors always want to sweep the dirt under the rug. How many times have we ever heard apologies from prosecutors who wrongly railroaded someone? Seems like it's not nearly as often as they try to defend convictions exposed as flawed or outright fraudulent.

Cozz
Cozz topcommenter

@DonkeyHotay  

Not all but many for sure.

Now when it comes to prosecutors, find one that isn't a liar would be record breaking.

DonkeyHotay
DonkeyHotay topcommenter

@truthseekeraz ... it's even more perverse in Colorado, where the absolute immunity coverage also includes WILLFUL Misconduct on the part of Prosecutors and Judges.

Fucking Obscene.


DonkeyHotay
DonkeyHotay topcommenter

@truthseekeraz @MandyMountain @Cozz @JohnQ.Public 

Prosecutors, Judges and Cops who through misconduct cause innocent citizens to be incarcerated for crimes they did not commit should themselves be incarcerated in prison -- Day for Day -- equal to that served by the people they victimized.


JohnQ.Public
JohnQ.Public

Unfortunately, County Attorneys usually seem to see their "skin in the game" as being re-elected to the position.  So they feel that they have to appear tough on crime and hard on alleged criminals in order to support their re-election campaign and we all know the politics, campaigns and elections are as far from the concept of justice as could possible be.  It seems, especially here, that charging decisions and prosecutions are based more on political calculations than any notice of justice or equity.

MandyMountain
MandyMountain

@Cozz The crux of the matter lies here: the prosecution has virtually unlimited resources, but no skin in the game. The defendant has everything on the line and only whatever resources he or she has on hand.

Cozz
Cozz topcommenter

@truthseekeraz

Prosecutors that do these things and Judge's that allow them to happen should all be in prison where they send innocent people.

Absolute immunity is total bullshit, it does nothing but allow them to be as corrupt as they are since there are no repercussions when in fact they are rewarded for their corruption. 

I wouldn't piss on any of them if they were on fire.

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