Tuesday, March 19, 2013

Debra Milke’s Immediate Fate is in the Hands of Tom Horne and Bill Montgomery.

Phoenix, AZ--With the startling decision handed down by the 9th Circuit Court of Appeals in the Debra Milke death penalty case the next steps are crucial ones. 
Maricopa County Attorney Bill Montgomery who is responsible for any possible retrial and AZ Attorney General Tom Horne, his appellate lawyer must make some tough decisions.   
We all are well aware that the only evidence against Milke is that claim by a serial perjurer cop, Armando Saldate that Milke confessed.  We also know he deliberately avoided recording his conversation with the young mother.  There are no signed documents or witnesses to this claimed confession.  Frankly, that confession never happened.
I interviewed Milke with a hidden recorder just hours after Saldate in the receiving area of the Madison Street Jail.  Her adamant and emotional denial was redundantly played for the 5,6 and 10 PM audiences of Channel 10 News.   The trial jury never heard that interview tape.
Likewise the trial jury never learned about the hideous pejorative conduct of Phoenix detective Armando Saldate and his incredible record of framing people.
Milke’s trial defense lawyer Ken Ray was in way over his head trying this heater, high profile murder case. 
During the period of her trial, Debra Milke was in a state of mourning over her son’s murder and suffering from profound depression.  To combat her depression jail physicians prescribed heavy anti-depressants that left her in a near zombie like trans during her trial. 
The drugs robbed Milke of the normal emotions that we expect people to have.  The courtroom observers including members of the press commented on how unemotional and cold she seemed.  Neither the jury nor the media ever knew about the mood altering drugs Milke was fed.  The fact is the drugs did the job for which they were intended.
I sat through Milke’s trial and on the day before she was sentenced to death against her attorney's advice she sat down for a long TV interview with me.  This time she was far less drugged up and much more animated when she talked with me on camera.
Horne and Montgomery can seek and en Banc hearing from the full 9th Circuit Court and then try for a nearly hopeless long shot effort to get the Supreme Court to even hear their appeal.  They know their chances of winning are indeed very slim.  These foolish steps will only delay the inevitable acquittal by as many as two years victimizing an innocent woman even more.
Montgomery and Horne on the other hand can simply retry the case.  However considering that the new jury is going to know about Saldate and his despicable history retrying this case would only showcase a major public scandal.
This time the new jury will hear about my hidden tape recording of Milke’s emotional denials in the jail receiving room.   
Of course delaying any retrial with hopeless appeals will temporarily take the scandal out of the headlines. 
Montgomery and Horne need to simply play it straight and let the chips fall where they may.  They both will be sleeping better at night. 
Here is that interview:

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