Debra Milke's Attorneys Ask Judge to Set Bail
"Courts have held that an accused is entitled to bail pending trial when the
voluntariness of a confession is questioned and where a witness' testimony is contradicted," reads the motion.
Therefore, Milke should get what's called a "Simpson hearing," where both sides can argue her right to bail.
Milke's Simpson hearing may end up being August 1, Milke's next court date, assuming Judge Rosa Mroz agrees with Milke's attorneys.
The motion asserts that Milke, who has spent more than two decades on Arizona's death row, is not a flight risk.
"Both close family friends and counsel have agreed to provide her with housing and other means of support if released on bail," the document states.
Letters from several supporters are offered as an exhibit, some from as far away as Germany and Japan.
Several of the local letter writers offer to let Milke stay with them and/or serve as monitors for her. According to the motion, one supporter has even bought Milke a house where she can live.
"And, of course, the Court can set conditions of release and require Ms. Milke to report to pretrial services," the motion states. "Regardless, Ms. Milke has her own motivation to attend all court proceedings -- her desire to vindicate herself as innocent of any participation in the death of her child."
Her release would allow Milke to freely communicate with her mother, who suffers from terminal cancer and lives in Germany.
If you ask me, Montgomery hardly has a case to go to trial on, much less an argument that Milke should be held without bond.
The sooner Milke is released, the better.