This post is based on an email that was sent and in no way reflects the views and opinions of ''Met'' or Jamaicangroupiemet.com. To send in a story send your email to [email protected]

COURT OVERTURNS DEATH CONVICTION

11

Court overturns convictions of Arizona woman on death row
Published March 15, 2013
Associated Press
PHOENIX – A federal appeals court on Thursday threw out the convictions of a woman sentenced to death in the notorious 1989 killing of her 4-year-old son, ruling that the case was tainted by a detective with a history of lying under oath.
The ruling marked a surprising turn in a case that made national headlines with the brazen and gruesome nature of the crime. Prosecutors said Debra Jean Milke dressed up her son Christopher in his favorite outfit and told him he was going to see Santa Claus at a mall during the holidays.
Instead, he was taken into 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 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 U.S. Circuit Court of Appeals ruled Thursday that the prosecution failed to disclose information about a history of misconduct by a detective who testified that Milke confessed to plotting her son’s murder.
That record included multiple court rulings in other cases that former Detective Armando Saldate Jr. 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 U.S. 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.
But the Arizona Attorney General’s Office said it was reviewing the case and will likely file an appeal.
Rick Romley, who was the county attorney from 1989-2004, said he remembers the fact were quite strong against Milke and there never was a question in his mind that she wasn’t guilty.
“If she walks, it’s a travesty of justice,” Romley told KPHO-TV. “You just can’t get around that.”
Milke defense lawyer Michael Kimerer was in trial and not immediately available for comment Thursday.
In 2009, 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, 48, 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.foxnews.com/us/2013/03/15/court-overturns-convictions-arizona-woman-on-death-row/#ixzz2NZxQ8x00

3 Responses to COURT OVERTURNS DEATH CONVICTION

  • GOOOD morning everyone….
    A suh she deh a prison a live offa ppl tax money

  • Observer says:

    “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,”

    I WISH FOR THE BEST OUTCOME IF INDEED DEBRA JEAN WHITE IS NOT GUILTY.

  • Hotstepper...formerly peeper says:

    I remember this story..so sad

Leave a Reply

Your email address will not be published.

[+] kaskus emoticons nartzco

Current day month [email protected] *

DISCLAIMER The views or opinions appearing on this blog are solely those of their respective authors. In no way do such posts represent the views, opinions or beliefs of “Met,” or jamaicangroupiemet.com. “Met” and jamaicangroupiemet.com will not assume liability for the opinions or statements, nor the accuracy of such statements, posted by users utilizing this blog to express themselves. Users are advised that false statements which are defamatory in nature may be subject to legal action, for which the user posting such statements will be personally liable for any damages or other liability, of any nature, arising out of the posting of such statements. Comments submitted to this blog may be edited to meet our format and space requirements. We also reserve the right to edit vulgar language and/or comments involving topics we may deem inappropriate for this web site.

****RULES**** 1. Debates and rebuttals are allowed but disrespectful curse-outs will prompt immediate BAN 2. Children are never to be discussed in a negative way 3. Personal information  eg. workplace, status, home address are never to be posted in comments. 4. All are welcome but please exercise discretion when posting your comments , do not say anything about someone you wouldnt like to be said about  you. 5. Do not deliberately LIE on someone here or send in any information based on your own personal vendetta. 6. If your picture was taken from a prio site eg. fimiyaad etc and posted on JMG, you cannot request its removal. 7. If you dont like this forum, please do not whine and wear us out, do yourself the favor of closing the screen- Thanks! . To send in a story send your email to :- [email protected]