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Debra Milke was in Court Once Again Yesterday, What’s Next?

Saturday, August 24, 2013 12:35

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Maricopa County Attorney Bill Montgomery and Debra Milke

Phoenix, AZ—Oral arguments came on whether the Maricopa County Attorney’s Office should be barred from retrying the capital murder case against Debra Milke. Bill Montgomery’soffice has some serious conflicts of interest but will they be enough for Judge Rosa Mroz to stand up to pressure by prosecutors and order the disqualification?

Judge Mroz promised a decision by early next week on the defense motion. Also the judge made it quite clear prosecutors must retry or release Milke by the October 6^thspeedy trial deadline.

Prosecutor Vince Imbordino once again, unsuccessfully attempted to urge the judge allow him to challenge the Ninth Circuit Court’s opinion claiming it to be factually incorrect. The judge indicated once again that the Ninth Circuit’s opinion was the final word and will not be contested.

No mention was made of any efforts taken by prosecutors to broker a deal with the confessed (on tape) killers of Christopher Milke. James Styers and Roger Scott are on the fast track to their date with the executioner. Prosecutors appeared ready to give Roger Scott freedom in exchange for testimony against Milke but my sources have told me that they are backtracking on that idea.

Aside from Roger Scott’s incredible hands on cruelty in the kidnapping and murder of four year-old Christopher Milke, he has known mental health issues. I don’t know anyone that would not say whatever anyone wanted to escape an impending executioner’s axe.

As for disgraced former detective Armando Saldate, it is highly unlikely that he will actually repeat his perjury at a second trial. Since he’s under investigation he most likely will avoid incriminating and embarrassing himself by invoking his right under the Fifth Amendment. Additionally there is still a pending defense motion before the court to preclude his testimony regarding his hotly contested claims that Milke confessed to him.

The fact that Montgomery or any prosecutor must face is with or without Saldate’s testimony there is no likelihood that they could ever obtain a conviction against Milke at a retrial nearly 24 years later. The only right thing to do is to dismiss the case.

On August 30^th Milke will be back before judge Mroz for a Simpson hearing regarding being released on bail for the retrial.

Frankly Bill Montgomery has done all he could to resurrect the troubled prosecution of Debra Milke. Montgomery really has no viable alternative but to dismiss this case.

As for any claims Debra Milke may have against Armando Saldate or former prosecutors will be vigorously tested in another court on another day.

No matter what happens, Debra Milke has already spent much more time than the vast majority of convicted killers ever do behind bars. She served it in the solitary confinement of a Death Row prison cell under the worst possible conditions.

Can Montgomery somehow make a graceful exit out of this hot potato? He should not wait for the next court date. Montgomery should not miss his last opportunity to take the dignified way out of this troubling case.

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