Woman 's conviction on death row overturned
A US federal appeals court last Thursday threw out the conviction of
a woman sentenced to death in the notorious 1989 killing of her
four-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 favourite
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 US Circuit Court of Appeals ruled 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 civilised 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 defence 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.
However, 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 that the facts 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’s defence lawyer Michael Kimerer was in trial and not
immediately available for comment on 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.
However, neither Scott or Styers would testify against Milke.
AP
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