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.