Friday, June 21, 2013

Maricopa County Attorney Bill Montgomery Given the Power to Retry Debra Milke or Free Her Today!

Debra Milke, 49 could be released at any time now...

Phoenix, AZU.S. District Court Judge Robert C. Broomfield signed a court order today that gives Maricopa County Attorney Bill Montgomery absolute power to bring about the freedom of Debra Milke.    Milke has languished on Arizona’s Death Row for 23 years however the Ninth Circuit Court of Appeals reversed her convictions and death sentence.  
Montgomery can either stall for a while or release her according to the court’s order.  Retrying Milke for the murder will waste a lot of time and taxpayer’s money since gaining a conviction will be far more than improbable.
Not the least of their problems is that the former police detective, Armando Saldate is now himself under investigation for perjury and violating Milke’s civil rights.  Under the circumstances it’s fully expected that he will invoke his right to remain silent.  If he does somehow testify his scandalous career of perjury and obstructing justice will be laid bare in a very public arena as he incriminates himself.
There is the issue of Saldate’s police personnel records and the right of Milke’s lawyers to elicit sworn testimony from police officials.  However, Montgomery now has the full authority to cut to the chase and end Milke’s suffering. 
It’s most obvious that Milke may not have to set foot in the Maricopa County Jail but rather walk out the front door of the Perryville Prison.

Late today the County Attorney's Public Information officer, Jerry Cobb told Crimefile News that Montgomery has not yet decided whether to attempt a retrial or not.  He said the matter is still under review.
Below is Broomfield’s order of today:

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