After 22 Years on Death Row, Woman May See Case—Based on Word of Rogue Cop—Dropped

Debra Jean Milke has been fighting for
decades a capital conviction in Arizona for allegedly arranging the
murder of her 4-year-old son in 1989. The conviction was based
almost entirely on the testimony of Phoenix Det. Armando Saldate,
who claimed she confessed in an interview. The interview was not
recorded, and she insisted she did not confess.

Saldate also had lengthy history of misconduct and lying under
oath that had been concealed from the defense. His behavior had
resulted in judges tossing out confessions or indictments in four
previous cases. Milke’s conviction was tossed out a year ago by the
U.S. Court of Appeals, 9th Circuit. Maricopa County Attorney Bill
Montgomery attempted to get Milke retried. On Thursday the Arizona
Court of Appeals
ordered the charges dismissed with prejudice, citing “egregious
prosecutorial misconduct.” Montgomery said he will appeal this
ruling to the state’s Supreme Court.

The 2013 dismissal, written by 9th Circuit Chief Judge Alex
Kozinksi, actually spent several pages documenting all the
misconduct claims against Saldate, including “taking liberties”
with a woman he had pulled over for a faulty taillight and then
lying to investigators about it. He was suspended for five days for
that incident. You can read the
court’s ruling here (pdf). Saldate subsequently invoked his
Fifth Amendment right not to incriminate himself in order to not
testify in Milke’s case. Two other men (one Milke’s former
roommate) have been convicted and are on death row.

Hat tip to Ken White of Popehat, who also posted about the case
last year here
and uploaded the court decision.