CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

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CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by TomTerrific0420 on Wed Nov 02, 2011 3:28 am

WASHINGTON – The U.S. Supreme Court has declined to consider the
appeal of a Phoenix man sentenced to death for the murder of a
4–year–old boy more than 20 years ago.

The court, without comment Monday, refused to hear arguments from James Lynn Styers’ attorneys that state courts improperly let a judge instead of a jury decide the death penalty in his case.

The decision let stand an Arizona Supreme Court  ruling
from July that upheld the death sentence for Styers in the 1989 killing
of 4–year–old Christopher Milke, who was shot three times in the back
of the head and left in a wash.

Calls to Styers’ attorneys and to the Arizona Attorney General’s Office seeking comment were not returned.

Styers, now 64, and his young daughter were sharing a Phoenix
apartment with Christopher and his mother, Debra Milke, in 1989 when the
boy was killed.

According to court documents, Milke had told Styers she wanted
Christopher dead because she did not want the boy ending up like his
father. There was also a $5,000 life insurance policy on the boy at the
time.

On Dec. 2, 1989, Styers told Christopher that he would take the boy
to see Santa at the Metrocenter Mall. The two of them went to pick up
Styers’ longtime friend, Roger Scott, and the three went to two drug
stores and then out to lunch in the early afternoon, according to court
records.

After lunch, Styers and Scott told Christopher they were going to go
to the desert to look for snakes. Instead, Styers shot Christopher in
the back of the head three times, and left his body in a wash near the
corner of 99th Avenue and Jomax Road.

Styers later filed a missing child report, saying he lost the boy
while in Sears at the mall. But his story began to change under
questioning by investigators.

Police arrested Styers the next day.

Scott led police to the wash where they found Christopher’s body,
along with some shell casings similar to bullets found in Styers’
possession. Police also found a pair of black tennis shoes in the Sears
parking lot that had a tread pattern similar to footprints found by
Christopher’s body.

Styers, Scott and Milke were all charged and tried separately.

Styers was convicted in 1990 of first-degree murder, conspiring with
Milke and Scott to commit the murder, child abuse and kidnapping. The
child abuse charge was later overturned on appeal.

At sentencing, the trial court found three aggravating factors:
Styers was an adult and the victim was under age 15, the murder was
committed for financial gain and it was committed in an “especially
heinous and depraved” manner. The court found no mitigating factors, and
Styers was sentenced to death.

In one of his many appeals, the financial gain factor was tossed out,
but the courts reaffirmed the death sentence based on the other factors
in the case.

Styers’ latest appeal – his second attempt at a Supreme Court hearing
– was filed in September. In it, his attorneys argued that Styers’
deserved a new sentencing hearing before a jury, which could consider
mitigating factors that included a lack of criminal history before the
murder and post-traumatic stress disorder suffered after his service in
Vietnam.

But the state’s attorneys argued that the question of how to
interpret state sentencing law was one for state courts and was properly
decided in July by the Arizona Supreme Court.
http://cronkitenewsonline.com/2011/11/high-court-refuses-to-hear-appeal-of-man-who-murdered-arizona-boy/
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CHRISTOPHER MILKE - 4 yo (1989)/ Convicted (Overturned): Mother Debra Jean Milke - Phoenix, AZ

Post by ladibug on Sat Mar 16, 2013 1:44 am

Mother who has spent 22 years on death row for killing her 4-year-old son has conviction TOSSED

By Daily Mail Reporter

PUBLISHED: 17:45 EST, 14 March 2013 | UPDATED: 18:42 EST, 14 March 2013

An Arizona mother who had spent 22 years on death row after being found guilty of murdering her four-year-old son had her conviction thrown out Thursday.

A US Circuit Court of Appeals ruled that 48-year-old Debra Jean Milke's guilty verdict for the gruesome 1989 slaying of her toddler son was tainted by a detective with a history of lying under oath.

The move marked a surprising turn in a case that made national headlines due to the brazen and disturbing nature of the crime.

Prosecutors said in December 1989, Milke dressed up her son Christopher in his favorite outfit and told him he was going to see Santa Claus at a Phoenix mall during the holidays.

Instead, he was taken into a ravine in the desert by her boyfriend and another man and shot three times in the back of the head as part of what prosecutors said was a plot by Milke and the two other defendants to collect a $50,000 life insurance policy.

Milke, who was not present at the crime, was convicted in 1990 of murder, conspiracy to commit murder, child abuse and kidnapping on the strength of testimony by Phoenix Police Detective Armando Saldate, who said she confessed to the crimes.

The detective testified that Milke told him she had contemplated having an abortion while pregnant with Christopher and had complained to Styers about her son.
Milke was convicted in 1990 of murder, conspiracy to commit murder, child abuse and kidnapping in a plot to collect a $50,000 life insurance policy

Milke was convicted in 1990 of murder, conspiracy to commit murder, child abuse and kidnapping in a plot to collect a $50,000 life insurance policy

The detective said she confessed to conspiring to the murder, although she protested her innocence and denied the claim.

Milke would have been the first woman executed in Arizona since the 1930s had her appeals run out.

The Arizona Supreme Court had gone so far to issue a death warrant for Milke in 1997, but the execution was delayed because she had yet to exhaust federal appeals.
A three-judge panel of the 9th US Circuit Court of Appeals ruled Thursday that the prosecution failed to disclose information about a history of misconduct by Detective Saldate.

That record included multiple court rulings in four other cases that Saldate either lied under oath or violated suspects’ Miranda rights during interrogations.

Prosecutors are required to provide a defendant’s lawyers with material that might support a not-guilty verdict, including material that could undermine the credibility of a prosecution witness.

There was no other witness or recording of the purported confession by Milke, who has proclaimed her innocence.

‘No civilized system of justice should have to depend on such flimsy evidence, quite possibly tainted by dishonesty or overzealousness, to decide whether to take someone’s life or liberty,’ Chief Justice Alex Kozinski wrote in the decision.

The trial amounted to ‘a swearing contest’ in which the judge and jury ultimately believed the detective over Milke, but they didn’t know of his record of dishonesty and misconduct, Kozinski wrote.

The ruling reversed a US District Court judge’s ruling and ordered the lower court to require Arizona authorities to turn over all relevant personnel records for the detective.

Once the material is produced and defense lawyers have time to review it, prosecutors will have 30 days to decide whether to retry her. If they don’t, she will be released from prison.

Maricopa County prosecutors had yet to read the ruling and had no immediate comment on the decision, spokesman Jerry Cobb said.

In 2009, defense attorney Michael Kimerer said his client maintains her innocence and was a loving mother who still grieves her son’s death.

‘Our main concern is the fact that I have a client that never confessed and a police detective who said she gave a confession,’ Kimerer said then. ‘There was no tape recorder, no witnesses, nothing. Just his word.’

Milke is one of three women on death row in Arizona. All three are imprisoned at the state prison for women in Goodyear.

The two men convicted in the Milke’s case, Roger Scott and former Milke roommate James Styers, are both on death row at a prison in Florence.

Scott confessed during a police interrogation and led detectives to the boy’s body, but neither Scott or Styers would testify against Milke.

Read more: http://www.dailymail.co.uk/news/article-2293593/Debra-Milke-Arizona-mother-sentenced-death-killing-4-year-old-son-1989-conviction-TOSSED--set-freed-unless-state-decides-retry-her.html#ixzz2Nf8gj38O
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by ladibug on Sat Mar 16, 2013 2:02 am

I want to find out who took out the $50,000 life insurance policy and why Christopher's mother wasn't going with him to see Santa Claus. Was she the one that reported him missing when her boyfriend returned home without her son? In the pictures, little Christopher looks happy and well cared for. In most of the pictures of children murdered by their mother the tots are half undressed and unkempt looking (I realize that isn't proof, he just looks appreciated IMHO)-anyways, the following article has a tad more detail:.

6:43a.m. EDT March 15, 2013

PHOENIX -- Debra Milke was a celebrated villain of 1989, a woman accused and convicted of dressing up her 4-year-old son to see Santa Claus and, instead, sending him off to be shot execution-style in a desert wash.

She is one of three women on Arizona's death row.

But on Thursday, a three-judge panel of the 9th U.S. Circuit Court of Appeals threw out her death sentence and murder conviction because the trial court refused to let her introduce evidence that might have discredited her supposed confession.

The Phoenix police detective who claimed Milke confessed to him had a history of lying to grand juries and extracting confessions even from unconscious suspects on hospital gurneys, according to the court opinion. There were no witnesses to the confession, and it was not recorded. Milke denied she ever confessed.

The 9th Circuit asked the U.S. District Court to send the case to the Arizona court system for a new trial and ordered that the detective's personnel files be made available for Milke's defense.

Assistant Arizona Attorney General Jeffrey Zick said his office will likely ask a larger panel of 9th Circuit judges to rehear the appeal before taking it to the U.S. Supreme Court.

Milke was tried and convicted in Maricopa County Superior Court, but a spokesman for the County Attorney's Office said it would defer to the Arizona attorney general pending the appeal.

According to Milke's attorney, Lori Voepel, Milke's response when she heard of the opinion was, "Are you kidding?"

Milke, 49, was charged with first-degree murder, accused of conspiring with two auaintances to kill her son Christopher in 1989.

According to court records and media accounts, Milke found the child to be an inconvenience and asked James Styers, her roommate, to kill him. She dressed the child in his favorite clothes and cowboy boots and told him that he was going to Metrocenter mall to see Santa Claus, court records said.



Another man, Roger Scott, drove Christopher and Styers to a pizzeria, and then to the desert near 99th Avenue and Happy Valley Road, where Styers shot the boy three times in the back of the head, according to court records.

Milke, Styers and Scott were each sentenced to death — and all three cases have languished in the federal court system. Styers' conviction and sentence are pending before the appellate court. Scott lost his case in the 9th Circuit and is appealing to the U.S. Supreme Court, but he is near the end of his appeals.

At issue in Milke's case is the confession supposedly obtained by now-retired Phoenix police Detective Armando Saldate. According to the 9th Circuit opinion, Saldate claimed Scott implicated Milke in the murder. Saldate then arrested Milke, and after a one-on-one interrogation that was not recorded, Saldate claimed he had extracted a confession. Milke always denied having confessed. Neither Scott nor Styers testified against Milke.

During her trial, Milke's attorneys tried to subpoena Saldate's personnel record, but the subpoena was quashed by the court.

What the personnel record would have shown was that Saldate had a history of misconduct that could have been used to call into question his credibility.

According to the 9th Circuit ruling, he had falsified information to a grand jury, extracted confessions from people drifting in and out of consciousness in hospital rooms and continued to interrogate suspects even after they invoked their Miranda rights to an attorney.

Once, he stopped a female motorist for a faulty taillight and then "took liberties" with her, letting her go without a citation after she promised to meet him later for sex. She didn't show up for the arranged date and, instead, reported Saldate.

Saldate could not immediately be reached for comment.

The case was tried by now-retired Deputy County Attorney Noel Levy, the prosecutor who sent alleged "Snaggletooth Killer" Ray Krone to death row. Krone was exonerated after 10 years in prison.

In the 9th Circuit opinion handed down Thursday, written by Chief Judge Alex Kozinski, the court ruled that Milke's confession to Saldate was illegally extracted.

The court did not throw out the confession altogether but ordered that the potentially exculpatory material in Saldate's file be provided so that the jury can weigh it against the supposed confession.

http://www.usatoday.com/story/news/nation/2013/03/15/death-row-mom-conviction-overturned/1989987/
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by ladibug on Sat Mar 16, 2013 2:11 am

Now this says $5,000; but it was Styers and Scott who reported Christopher missing.

[Insert] Debra J. Milke - On December 2, 1989, James Lynn Styers filed a missing child report, advising police that his roommates's son, Christopher Milke (age 4), had disappeared during their visit to Metrocenter mall. Roger Mark Scott was present with Styers. On December 3, 1989, Scott admitted during a police interview that he had accompanied Styers the previous day to a desert wash in the area of 99th Avenue and Jomax Road where Styers shot and killed Christopher Milke. Styers agreed to provide Scott with $250 to file a social security claim. Styers believed he would receive some of Christopher's $5,000 life insurance policy. At the conclusion of the interview, Mr. Scott led police to the desert area where they found Christopher Milke's body. During a police interview, Debra Jean Milke, Christopher Milke's mother, conceded that she had conspired with Styers to have her son killed. She indicated that it would be better to have her son die than grow up like her husband.

http://azstarnet.com/news/state-and-regional/conviction-overturned-for-mom-on-arizona-s-death-row-for/article_91403ec2-8cda-11e2-a113-001a4bcf887a.html
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Sat Mar 16, 2013 4:05 am

Convictions of woman on Ariz. death row overturned

RELATED NEWS
RELATED VIDEO
By Michael Kiefer The Republic | azcentral.com Thu Mar 14, 2013 10:39 PM


Debra
Milke was a celebrated villain of 1989, a woman accused and convicted
of dressing up her 4-year-old son to see Santa Claus and, instead,
sending him off to be shot execution-style in a desert wash.

She is one of three women on Arizona’s death row.

But
on Thursday, a three-judge panel of the 9th U.S. Circuit Court of
Appeals threw out her death sentence and murder conviction because the
trial court refused to let her introduce evidence that might have
discredited her supposed confession.

The Phoenix police detective
who claimed Milke confessed to him had a history of lying to grand
juries and extracting confessions even from unconscious suspects on
hospital gurneys, according to the court opinion. There were no
witnesses to the confession, and it was not recorded. Milke denied she
ever confessed.

The 9th Circuit asked the U.S. District Court to
send the case to the Arizona court system for a new trial and ordered
that the detective’s personnel files be made available for Milke’s
defense.

Assistant Arizona Attorney General Jeffrey Zick said his
office will likely ask a larger panel of 9th Circuit judges to rehear
the appeal before taking it to the U.S. Supreme Court.

Milke was
tried and convicted in Maricopa County Superior Court, but a spokesman
for the County Attorney’s Office said it would defer to the Arizona
attorney general pending the appeal.

According to Milke’s attorney, Lori Voepel, Milke’s response when she heard of the opinion was, “Are you kidding?”

Milke,
49, was charged with first-degree murder, accused of conspiring with
two acquaintances to kill her son Christopher in 1989.

According
to court records and media accounts, Milke found the child to be an
inconvenience and asked James Styers, her roommate, to kill him. She
dressed the child in his favorite clothes and cowboy boots and told him
that he was going to Metrocenter mall to see Santa Claus, court records
said.

Another man, Roger Scott, drove Christopher and Styers to a
pizzeria, and then to the desert near 99th Avenue and Happy Valley
Road, where Styers shot the boy three times in the back of the head,
according to court records.

Milke, Styers and Scott were each
sentenced to death — and all three cases have languished in the federal
court system. Styers’ conviction and sentence are pending before the
appellate court. Scott lost his case in the 9th Circuit and is appealing
to the U.S. Supreme Court, but he is near the end of his appeals.

At
issue in Milke’s case is the confession supposedly obtained by
now-retired Phoenix police Detective Armando Saldate. According to the
9th Circuit opinion, Saldate claimed Scott implicated Milke in the
murder. Saldate then arrested Milke, and after a one-on-one
interrogation that was not recorded, Saldate claimed he had extracted a
confession. Milke always denied having confessed. Neither Scott nor
Styers testified against Milke.

During her trial, Milke’s attorneys tried to subpoena Saldate’s personnel record, but the subpoena was quashed by the court.

What
the personnel record would have shown was that Saldate had a history of
misconduct that could have been used to call into question his
credibility.

According to the 9th Circuit ruling, he had
falsified information to a grand jury, extracted confessions from people
drifting in and out of consciousness in hospital rooms and continued to
interrogate suspects even after they invoked their Miranda rights to an
attorney.

Once, he stopped a female motorist for a faulty
taillight and then “took liberties” with her, letting her go without a
citation after she promised to meet him later for sex. She didn’t show
up for the arranged date and, instead, reported Saldate.

Saldate could not immediately be reached for comment.

The
case was tried by now-retired Deputy County Attorney Noel Levy, the
prosecutor who sent alleged “Snaggletooth Killer” Ray Krone to death
row. Krone was exonerated after 10 years in prison.

In the 9th
Circuit opinion handed down Thursday, written by Chief Judge Alex
Kozinski, the court ruled that Milke’s confession to Saldate was
illegally extracted.

The court did not throw out the confession
altogether but ordered that the potentially exculpatory material in
Saldate’s file be provided so that the jury can weigh it against the
supposed confession.
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Sat Mar 16, 2013 4:06 am

Convictions of woman on Ariz. death row overturned

RELATED NEWS
RELATED VIDEO
By Michael Kiefer The Republic | azcentral.com Thu Mar 14, 2013 10:39 PM


Debra
Milke was a celebrated villain of 1989, a woman accused and convicted
of dressing up her 4-year-old son to see Santa Claus and, instead,
sending him off to be shot execution-style in a desert wash.

She is one of three women on Arizona’s death row.

But
on Thursday, a three-judge panel of the 9th U.S. Circuit Court of
Appeals threw out her death sentence and murder conviction because the
trial court refused to let her introduce evidence that might have
discredited her supposed confession.

The Phoenix police detective
who claimed Milke confessed to him had a history of lying to grand
juries and extracting confessions even from unconscious suspects on
hospital gurneys, according to the court opinion. There were no
witnesses to the confession, and it was not recorded. Milke denied she
ever confessed.

The 9th Circuit asked the U.S. District Court to
send the case to the Arizona court system for a new trial and ordered
that the detective’s personnel files be made available for Milke’s
defense.

Assistant Arizona Attorney General Jeffrey Zick said his
office will likely ask a larger panel of 9th Circuit judges to rehear
the appeal before taking it to the U.S. Supreme Court.

Milke was
tried and convicted in Maricopa County Superior Court, but a spokesman
for the County Attorney’s Office said it would defer to the Arizona
attorney general pending the appeal.

According to Milke’s attorney, Lori Voepel, Milke’s response when she heard of the opinion was, “Are you kidding?”

Milke,
49, was charged with first-degree murder, accused of conspiring with
two acquaintances to kill her son Christopher in 1989.

According
to court records and media accounts, Milke found the child to be an
inconvenience and asked James Styers, her roommate, to kill him. She
dressed the child in his favorite clothes and cowboy boots and told him
that he was going to Metrocenter mall to see Santa Claus, court records
said.

Another man, Roger Scott, drove Christopher and Styers to a
pizzeria, and then to the desert near 99th Avenue and Happy Valley
Road, where Styers shot the boy three times in the back of the head,
according to court records.

Milke, Styers and Scott were each
sentenced to death — and all three cases have languished in the federal
court system. Styers’ conviction and sentence are pending before the
appellate court. Scott lost his case in the 9th Circuit and is appealing
to the U.S. Supreme Court, but he is near the end of his appeals.

At
issue in Milke’s case is the confession supposedly obtained by
now-retired Phoenix police Detective Armando Saldate. According to the
9th Circuit opinion, Saldate claimed Scott implicated Milke in the
murder. Saldate then arrested Milke, and after a one-on-one
interrogation that was not recorded, Saldate claimed he had extracted a
confession. Milke always denied having confessed. Neither Scott nor
Styers testified against Milke.

During her trial, Milke’s attorneys tried to subpoena Saldate’s personnel record, but the subpoena was quashed by the court.

What
the personnel record would have shown was that Saldate had a history of
misconduct that could have been used to call into question his
credibility.

According to the 9th Circuit ruling, he had
falsified information to a grand jury, extracted confessions from people
drifting in and out of consciousness in hospital rooms and continued to
interrogate suspects even after they invoked their Miranda rights to an
attorney.

Once, he stopped a female motorist for a faulty
taillight and then “took liberties” with her, letting her go without a
citation after she promised to meet him later for sex. She didn’t show
up for the arranged date and, instead, reported Saldate.

Saldate could not immediately be reached for comment.

The
case was tried by now-retired Deputy County Attorney Noel Levy, the
prosecutor who sent alleged “Snaggletooth Killer” Ray Krone to death
row. Krone was exonerated after 10 years in prison.

In the 9th
Circuit opinion handed down Thursday, written by Chief Judge Alex
Kozinski, the court ruled that Milke’s confession to Saldate was
illegally extracted.

The court did not throw out the confession
altogether but ordered that the potentially exculpatory material in
Saldate’s file be provided so that the jury can weigh it against the
supposed confession.
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Sat Mar 16, 2013 4:08 am

This isn't a case of an innocent woman being convicted. This is a case of a guilty woman getting off on a technicality.

I hope the state appeal wins.

If not, try her ass again immediately.

How could she want to live after what she did?
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Sat Mar 16, 2013 4:15 am

$5,000 is probably correct. Regardless 5 or 50, that is why she did it and was going to pay the others a few hundred bucks. Another POS mother. Another dead baby.
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by ladibug on Mon Mar 18, 2013 12:17 am

Maybe you're right, Twink. Here is a link to a six page article written in 1991 that has a lot of what was testified in court, comments from family, etc. Oh and this article says $5000 too.

http://www.phoenixnewtimes.com/1991-04-10/news/death-row-debbie-no-one-wanted-to-believe-she-could-kill-her-child/2/
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Mon Mar 18, 2013 12:44 am

Thanks Ladibug.
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by mom_in_il on Mon Sep 23, 2013 9:13 pm

Hearing set for Debra Milke's retrial in son's death

by The Associated Press
Posted on September 23,

PHOENIX (AP) -- Attorneys return to court to discuss the retrial of a woman released from death row after an appeals court threw out her conviction in the 1989 killing of her 4-year-old son.

Debra Milke was released Sept. 6 on $250,000 bond. She was convicted in 1990 for having two men take the little boy into the desert outside Phoenix and shoot him three times in the head.

The 9th Circuit Court of Appeals overturned Milke's conviction in March. The panel cited the prosecution's failure in her trial to turn over evidence that deprived her attorneys the chance to question the credibility of the state's key witness -- a detective who told jurors she confessed.

Attorneys on both sides will be in court Monday to discuss how to proceed with a retrial.

http://www.azfamily.com/news/Hearing-set-for-womans-retrial-in-sons-death-224855272.html
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by mom_in_il on Tue Jun 24, 2014 8:59 pm

Lawyers fight over double jeopardy in son killing retrial

by Catherine Holland
Posted on June 24, 2014 at 7:27 AM
Updated today at 1:20 PM

PHOENIX -- Lawyers are expected to argue over whether an Arizona mother who is out of prison after spending more than 20 years on death row can be retried.

Debra Milke was convicted in the 1989 death of her 4-year-old son. Prosecutors said she hired two men to take him into the desert to kill him, telling him that he was going to see Santa Claus.

A federal appeals court overturned that conviction in March 2013. She was released on bond several months later pending a new trial.

The most compelling evidence against Milke was the testimony of a now-retired detective who claimed that she confessed. He did not, however, record the alleged confession and his credibility has since been called into question. Armando Saldate's history of misconduct and lying on the witness stand came to light years after Milke's trial.

Milke said she never confessed and has maintained her innocence.

There has been much legal wrangling over her retrial, which is scheduled to take place next year.

Tuesday's proceeding centers on double jeopardy, which says a defendant cannot be retried on the same or similar charges once there is a conviction or acquittal in the case.

Her defense team will argue that jeopardy attached after her 1990 conviction, meaning she cannot be retried.

Milke's lawyers lost the double jeopardy argument with one judge in January.

The lawyers said "egregious misconduct" on the part of prosecutors -- failing to reveal evidence questioning Saldate's credibility -- in the original trial should preclude a retrial.

Prosecutors said the appeals court that overturned Milk's conviction found the original prosecution team did not purposefully deceive the defense or knowingly hold back evidence.

Judge Rosa Mroz sided with the prosecution and refused to drop the charges against Milke. Tuesday's arguments are an appeal of that decision.

Once both sides wrap up their arguments, the judge will have 10 days to make a decision.

Even as the dispute over the applicability of double jeopardy continues, both sides are preparing for trial.

The most recent development came in April when the defense won an appeal that will force Saldate to testify in Milke's retrial should it go forward. Saldate had asserted his Fifth Amendment right to avoid self-incrimination. An initial ruling allowed the former detective to refuse to take the stand in a new trial. The state Court of Appeals overturned that decision.

http://www.azfamily.com/news/Lawyers-fight-over-double-jeopardy-in-son-killing-retrial-264401271.html
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Wed Jun 25, 2014 9:54 am

Grrrrrrrr.
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Re: CHRISTOPHER MILKE - 4 yo (1989)/ Accused: Mother; Debra Milke (Conviction overturned) - Phoenix AZ

Post by twinkletoes on Wed Jun 25, 2014 10:49 am

Merged threads.
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Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.

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