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Maricopa County Attorney Bill Montgomery and Debra Milke |
Today, Maricopa County Attorney Bill Montgomery has indicated that Attorney General Tom Horne declined efforts to further petition against the actions of the 9th Circuit Court of Appeals. That court set aside the convictions and death sentence of Debra Milke.
There is now a single matter of the enforcement of an order for the Phoenix Police Department to turn over any and all records they have regarding former detective Armando Saldate to the defense before a federal judge. This issue should be resolved very quickly.
Montgomery then has 60 days in which to seek a retrial of Milke. Today Montgomery informed reporters that he was looking for ways to settle the matter without the expense of a retrial. He also acknowledged that do to the passage of time and other problems retrying the case now would be very difficult.
Settling the case seems to suggest a plea agreement with Milke. I’m reasonably convinced that will never happen. Milke is represented by two top Arizona lawyers, Mike Kimerer and Lori Voepel
I expect Milke to be transferred from Perryville Prison’s Death Row to the Maricopa County Jail within as little as a week or maybe two. She will be brought before a judge for a disposition. If there is somehow a retrial effort Milke will be entitled to a bail hearing. The normal bail issues such as danger to the community, proof being evident and the presumption being great do not exist now making release on bail a likely option.
I’ve personally investigated all of Montgomery’s options and they show no promise for a successful retrial. Evidence beyond the words of a discredited, deceitful and rogue cop does not exist. The more they try to stir this pot of excrement the worse it will smell.
I hope that Montgomery can find a graceful exit that will not cost taxpayers more because of yet another bad faith prosecution of this woman.
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Source:
http://www.crimefilenews.com/2013/05/latest-update-on-debra-milke-as-of-may.html
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