Phoenix, AZ—The Arizona Court of Appeals accepted jurisdiction of a Special Action, heard arguments, overruled and reversed Maricopa County Superior Court Judge Rosa Mroz.
This should have been a no-brainer but prosecutors have tremendous power over judges and the public ratings they receive. My conclusion is that this three-judge panel fell on their swords for prosecutors rather than maintain independence and rule on the reality and the law.
Only the rogue former cop, Armando Saldate knows for sure what he may be forced to say that could or would incriminate him. Prosecutors and judges can only speculate and their error would well violate Saldate’s Fifth Amendment rights.
The simplest question that is beyond troublesome would begin with the Following: Mr. Saldate, when you testified under oath at Debra Milke’s Habeas hearing before Judge Broomfield in January of 2009 did you knowingly commit perjury? Only Saldate knows the correct answer! Only Saldate knows for sure if he lied. If he lied and confesses he is open to federal prosecution. If Saldate lies and denies committing perjury he faces multiple counts of Perjury.
Should such a question be asked at any future juncture of this case and Saldate again invokes the Fifth Amendment the proceedings will be halted once again. This ruling by the AZ Court of Appeals is somewhat ill-advised and silly.
Saldate’s lawyer, Treasure VanDreumel can take a further appeal to the AZ Supreme Court and that is an unknown right now.
Assuming that this ruling is the last word the next step would be to argue a pending Motion to Suppress the alleged 1989 confession Saldate claimed Milke gave him in an interview that lacked recording or any other witness.
There are a lot of issues that demand testimony about that interview that would keep it out of any retrial. That hearing is expected begin when the self-incrimination issue is resolved for now.
If Saldate is somehow forced to testify and the Motion to Suppress fails a second trial is expected sometime during 2015.
Of course Maricopa County Attorney Bill Montgomery could somehow find his soul and dismiss this nightmare once and for all.
Below is the ruling by the AZ Court of Appeals:
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Source:
http://www.crimefilenews.com/2014/04/arizona-court-of-appeals-rules.html
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