Friday, December 13, 2013

Today’s Showdown in a Phoenix Courtroom with Debra Milke




Phoenix, AZ--Today begins the first of three giant defense salvos that may end the 24-year persecution of Debra Milke.  The instigators are the now disgraced police detective and the Maricopa County Attorney.
The first matter up before Judge Rosa Mroz is whether or not the former detective Armando Saldate can refuse to testify, do to self-incrimination concerns.  Only Saldate and his lawyers know the exactly what areas of the rogue cop’s testimony may incriminate him. 
Prosecutor’s want to force the shamed cop to testify anyway.  This can and may end the case.
The second salvo is a motion to bar a second trial based upon a double jeopardy.  A person cannot be triad twice for the same crime.  Here past and documented prosecutorial misconduct comes into play from Milke’s first trial.  Again this should stop the perjury train.
The last challenge is a motion to suppress the alleged confession that simply is a fictional account by the scoundrel with a badge.  Here there is no question that Milke never waived her right to a lawyer.   There are other factors that may derail prosecutors. 
If all that fails there will be a new trial in January of 2015 for Debra Milke.  If this went to a new jury we will never see a second conviction.  What we will see is more prosecution misconduct and a massive waste of taxpayer money.  I may have an update later today.

2 comments:

uncle_fweddy said...

Paul, I think you will find that the effort to get the case kicked on the grounds of Double Jeopardy will fail. The possibly upcoming trial is at the request of Ms. Milke.

My guess would be that the first issue, that of the proven liar, Saldate, now cowering in the shadow of the Fifth Amendment, is a much stronger point. The complicit prosecutor, Montgomery, will try to smear lipstick on the pig, Saldate, but taking refuge under the Fifth Amendment is going to create more stink than Montgomery and all his courtroom legerdemain can disguise.

As to the third point, the suppression of the so-called confession; I'm not even sure they should do that. Why not let the phony confession come in, and then force Saldate to take the witness stand, and take the Fifth Amendment, or repeat his lies in front of the jury?

I have the strong impression that this whole circus is an attempt to intimidate Ms. Milke. Sooner or later, Montgomery will have to play "Let's Make A Deal". He desperately needs for her to plead guilty to something...anything, and in so doing, forfeit her right to redress of the shameful conduct of Saldate, Montgomery, and everybody who helped them perpetrate this shameful course of events.

Ms. Milke has been shaken to her core; I hope she can muster the strength to stand up to Montgomery, and the tricks yet to come.

Anonymous said...

Huebl: why were you scheduled to testify?