Phoenix, AZ—Last minute details were resolved in Federal District Court today involving the personnel records of former police detective Armando Saldate. The Phoenix Police Department has long ago claimed that all of those records have been already destroyed and are now unavailable. The court order that was signed today to turn over the material is just a formality.
Arizona has a jury instruction to deal with just that kind of an issue: Under State v. Willits, 96 Ariz. 184, 393 P.2d 274 (1964), when police or other agents of the State negligently fail to preserve potentially exculpatory evidence, the defendant is entitled to a jury instruction permitting the jury to infer that the evidence would have been exculpatory.
You can bet if there is a retrial that the bad cop who is now officially under investigation for criminally violating Milke’s rights this will decline to testify at a new trial on advice of counsel. That along with a Willits instruction will make retrial impossible.
If for some reason Saldate does testify he will be on the stand for a very long and embarrassing and scandalous time during cross-examination. If anyone thinks that a judge could prevent this, the 9th Circuit U.S. Court of Appeals has already ruled upon that issue. Any new jury would have to hear the good, the bad and the really ugly details of Saldate’s court perjury career.
As for now Milke will be transferred from her Death Row prison cell to the Maricopa County jail. She must be immediately brought before a judge and when that happens she will be entitled to bail should the Maricopa County Attorney express a desire to begin a new prosecution.
It would be unethical for prosecutors to retry a case that they already know lacks probable cause. I look for a dismissal within the 30 days that Maricopa County Attorney Bill Montgomery has to decide whether to retry Debra Milke.
Debra Milke will be a free woman in a very short period of time!
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Source:
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