Read the Beforeitsnews.com story here. Advertise at Before It's News here.

By Crime, Guns, and Videotape
Contributor profile | More stories

Story Views
Now:
Last hour:
Last 24 hours:
Total:

Debra Milke and Bill Montgomery are in Each Others Thoughts Tonight.

Sunday, April 7, 2013 10:44

% of readers think this story is Fact. Add your two cents.

Maricopa County Attorney Bill Montgomery and Debra Milke are in each other’s thoughts

Goodyear, AZ—In a lonely and tiny Death Row cell Debra Milke’s thoughts are usually preoccupied these days with her mother’s health and the German fellow that serves as the Debra Milke Webmaster. Milke receives a lot of mail from inside the U.S. and from Europe where many people have supported her nearly quarter century efforts to clear her name. Now, after all this time freedom and vindication is rapidly approaching.

You see I’ve known from the very beginning that former Phoenix homicide detective Armando Saldate lied about obtaining a confession from Milke. I had investigated this case for numerous news organizations from the day of her arrest forward. I was told early on by more than one Phoenix cop that Saldate was a politically untouchable fellow that pulled confessions out of his butt to frame people he thought were guilty.

The 9^th Circuit U.S. Court of Appeals has reversed the death sentence and convictions ordering a new trial in a 60 page stunning rebuke of cops and prosecutors. The reality here is that Saldate’s perjury was the only evidence against Milke. Should there be a retrial Saldate will be forced to invoke his Fifth Amendment rights and avoid testifying because he’s now under a federal civil rights investigation.

If Saldate chose to waive his rights and perjure himself once again he will be cross-examined for days or even weeks about his other despicable acts. Defense lawyers will force him to answer questions about his very tainted career. Frankly it would become a corruption expose’. There’s absolutely no likelihood of Debra Milke being convicted again.

Maricopa County Attorney Bill Montgomery has this Debra Milke scandal on his mind a lot these days. He’s in a tough place. On one hand there are those in law enforcement that feel it’s okay to lie and cheat in court. But there are also many men and women in law enforcement that have found this sad chapter to be a major embarrassment. I’d like to think that the oaths of office cops and prosecutors take would be the last word here.

Prosecutors have two duties, one is to prosecute the guilty but the other is to seek true justice. The American Bar Association has a lot to say about this:

Advocate

Rule 3.8 Special Responsibilities Of A Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;

(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

(g) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:

(1) promptly disclose that evidence to an appropriate court or authority, and

(2) if the conviction was obtained in the prosecutor’s jurisdiction,

(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and

(ii) undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

Too many prosecutors lose sight of their real responsibilities. They are political creatures and must worry about voters who make judgments about guilt or innocence based on what’s published and broadcast in the media.

Bill Montgomery has been considered by most of my Phoenix lawyer pals as an honorable and careful man. They say he will come down on the side of his oath of office. I have to admit that sometimes is easier said than done. There are those certain prosecutors that have strayed from their sworn duty to convict people as a practice who will try to assert pressure on Montgomery.

What’s really at stake here is the addition of two more years while Montgomery pursues an appeal that he already knows will never be reviewed by the Supreme Court.

I think that Montgomery will make a relatively quick decision. He’s already said be wants to know what the Hell was going on in this case. I hope that Montgomery can somehow find the strength to exercise true leadership. There are a lot of people that are praying tonight with Debra Milke for Bill Montgomery’s strength and wisdom. We will probably learn how he plans to resolve this as early as this week.

There are over 2300 stories on this blog
go to the main page at www.crimefilenews.com

2013-04-07 08:36:51

Source: http://www.crimefilenews.com/2013/04/debra-milke-and-bill-montgomery-are-in.html

Source:

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).

Comments

Online:
Visits:	1,603,671,538
Stories:	8,150,954