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Debra Milke, the Latest News June 15, 2013

Saturday, June 15, 2013 16:48

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Debra Milke

Phoenix, AZ—So far there was little activity since U.S. District Court Judge Robert C. Broomfield entered an order requiring the Phoenix Police Department to turn over all records involving the rogue former police detective, Armando Saldate.

Despite a widely circulated Associated Press report last week there has been no decision officially rendered by the Maricopa County Attorney’s Office. The matter has been discussed at length between prosecutors and the defense lawyers, Mike Kimerer and Lori Voepel.

Once the records are turned over or an explanation of their destruction; the case will be officially transferred to Maricopa County Attorney Bill Montgomery by the U.S. District Court. It’s expected this will happen very quickly. Once that happens, Milke will be taken from her Death Row cell to the Maricopa County Jail.

Prosecutors know they cannot expect to win a second conviction against Milke but they are hopeful she would enter into a Guilty plea to a conviction allowing for her freedom in exchange for time already served. That would preclude any legal action by Milke against anyone. That would also may give Saldate and prosecutors a presumption that they acted in good faith during the deeply flawed investigation and prosecution that landed Milke on Death Row.

A Guilty plea by Milke would continue to brand her as a convicted murderer. The lifetime liabilities of such a conviction would stain her forever. Considering that she’s maintained her innocence from the beginning and it’s now obvious her purported confession never happened a Guilty plea is well outside the question.

Once Milke is brought to the jail she will be soon brought before a yet to be named Maricopa County judge. I’d expect that prosecutors would be announcing their decision as to whether to retry Milke then and there.

Should they notice intent to retry Milke the question of bail will become paramount. It would be difficult to show Milke as being a danger to the community. Other factors weighed are whether the presumption is great or the proof being evident is strongly in Milke’s favor.

Prosecutors may try and suggest that Milke is somehow a flight risk simply because her mother resides in Europe. Considering Milke does not have nor will she be able to obtain a passport until she’s cleared that argument rings silly. Milke has no other criminal record or history of failure to appear in court.

Additionally another bail consideration will be that Milke has very strong and solid ties to the community supported by visitation records at the Perryville prison. We can expect to see a showing of Milke’s friends in court during any bail hearing.

Retrial would be a huge waste of time, tax dollars and expose Maricopa County’s courts to a regrettable and ugly circus nationally and internationally. Milke, an America citizen was born in Berlin, Germany to an American serviceman and a German woman. Europe hates the death penalty and they have a huge interest in this most stunning example of a wrongful conviction.

If they attempt a second trial it would prove monumentally embarrassing to present and former prosecutors, the Phoenix Police Department and one horribly poor excuse of a cop. There is no reasonable likelihood that prosecutors could ever win a conviction.

I hope to see Debra Milke freed within the next couple of weeks.

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