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Case Tossed Vs. Woman Held 22 Years in Son's Death
ABC ^ | 12/12/14 | JACQUES BILLEAUD and BOB CHRISTIE

Posted on 12/12/2014 2:37:43 AM PST by SoFloFreeper

A state appeals court has ordered the dismissal of murder charges against a woman who spent 22 years on Arizona's death row for the killing of her 4-year-old son.

The Arizona Court of Appeals on Thursday leveled harsh criticism against prosecutors over their failure to turn over evidence during Debra Jean Milke's trial about a detective with a long history of misconduct and lying. The court called prosecutors' actions "a severe stain on the Arizona justice system."

A three-judge panel of the appeals court said it agreed with Milke's argument that a retrial would amount to double jeopardy.....

The appeals court said Thursday it wasn't expressing an opinion on Milke's guilt or innocence, though it heavily criticized authorities for staking much of their case on a detective with credibility problems.

A federal appeals court threw out Milke's first-degree murder conviction in March 2013, saying prosecutors knew about a history of misconduct by the detective but failed to disclose it. Maricopa County prosecutors were preparing for a retrial.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Arizona
KEYWORDS: courts; murder
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This case demonstrates the necessity of integrity on the side of law enforcement.

This woman may very well be guilty but because the courts deem one of the investigators a crook, she is walking.

1 posted on 12/12/2014 2:37:43 AM PST by SoFloFreeper
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To: null and void

I’m sure the prosecutor in question will be severely punished.


2 posted on 12/12/2014 2:48:32 AM PST by Slings and Arrows ("I Only Love You When I'm Drunk" - http://youtu.be/uT-tCbvfDUg)
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To: Slings and Arrows

HAHAHAHAHA!!! You funny.


3 posted on 12/12/2014 2:49:54 AM PST by Ronin (Dumb, dependent and Democrat is no way to go through life - Rep. L. Gohmert, Tex)
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To: SoFloFreeper

This kind of thing happens so often that many states, if not all, have passed laws, severely limiting how much compensation they will pay those wrongly convicted, no matter the circumstances.


4 posted on 12/12/2014 3:29:38 AM PST by Graybeard58 (V.33 Be not deceived: evil communications corrupt good manners. Corinthians 10:)
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To: SoFloFreeper

“This case demonstrates the necessity of integrity on the side of law enforcement.”

What is Truth?

You’re OK, I’m OK. It’s all relative.


5 posted on 12/12/2014 3:50:06 AM PST by If You Want It Fixed - Fix It
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To: Ronin

Glad my bit of drollery was appreciated.


6 posted on 12/12/2014 4:07:36 AM PST by Slings and Arrows ("I Only Love You When I'm Drunk" - http://youtu.be/uT-tCbvfDUg)
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To: SoFloFreeper

Based on what I’m reading here, I’m not so sure she’s getting away with anything. It’s pretty obvious there was no confession. She denies making a confession, and the crooked cop refuses to stand by his own testimony in court.

The two men convicted in the killing refuse to testify against her. Aside from the fact that her ex-husband believes she’s guilty, what evidence do they have?

This article doesn’t even tell what her involvement was alleged to have been. Did she pay the men? Did she arrange the killing? Was she present at the crime scene? Did she go to the police afterwards, or go on the run?

Maybe a FReeper who’s been following this can provide some basic facts. From what I’m reading here, it looks like she’s innocent.


7 posted on 12/12/2014 4:54:05 AM PST by BykrBayb (Where there is life, there is hope. - Terri Schiavo ~ Þ)
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To: SoFloFreeper

This case was rotten from the get-go. The detective involved, who allegedly heard her confession, is so corrupt that most of the other cases he was involved in have to be reopened, just to see if they can possibly get a conviction without *any* evidence that “has his fingerprints” on it.


8 posted on 12/12/2014 5:15:09 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: SoFloFreeper

The prosecutors in this country are more corrupt than the criminals.


9 posted on 12/12/2014 5:42:53 AM PST by stinkerpot65 (Global warming is a Marxist lie.)
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To: SoFloFreeper

This kind of shit is why I no longer support the death penalty unless there is DNA evidence to go with other strong evidence of guilt.


10 posted on 12/12/2014 5:47:53 AM PST by SeaHawkFan
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To: BykrBayb

You may be correct.

What kind of defense did she have?


11 posted on 12/12/2014 5:50:22 AM PST by SoFloFreeper
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To: stinkerpot65
I now fear the police and prosecutors more than I fear the criminal element. The most a criminal can do is kill you and you can defend against that.

The police and prosecutors can not only take your life, they can also take your property and freedom. One cannot defend one's self against them.

12 posted on 12/12/2014 5:53:47 AM PST by sport
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To: SoFloFreeper

There is also gross negligence by her defense attorneys.

She was convicted on only three pieces of evidence:
1. She took out a $5000 life insurance policy on the child.
2. One of the killers said she wanted this done, but refused to testify about this in court
3. The word of the detective

Item #1 is hardly excessive and would barely cover burial costs. This is not an unusual thing to have. By itself, this is not enough for a conviction.

Item #2 clearly raises questions about the claim by the killer.

Item #3 - the defense attorneys should have explored the credibility of the detective. This was a huge mistake by the defense.


13 posted on 12/12/2014 6:10:06 AM PST by kidd (What we have now is the federal gruberment)
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To: SoFloFreeper

Court appointed.

The more I read, the more convinced I am she’s innocent. Here’s a page full of articles, court records, etc. http://murderpedia.org/female.M/m/milke-debra.htm


14 posted on 12/12/2014 6:10:23 AM PST by BykrBayb (Where there is life, there is hope. - Terri Schiavo ~ Þ)
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To: SoFloFreeper

Bad Guys are always Bad, It’s the good guys you have to watch out for. With that being said, Life in Prison and 100% Civil Asset Forfeiture for the Prosecutor and Detective.


15 posted on 12/12/2014 6:19:11 AM PST by eyeamok
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To: SoFloFreeper; Alaska Wolf; DCBryan1; Slings and Arrows; Doomonyou; napscoordinator; Shimmer1; ...
JBT Ping list


16 posted on 12/12/2014 7:03:36 AM PST by null and void (Will the obama love story be called Broke Barack Mountin' or The Love That Dare Not Say Hussein?)
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To: SeaHawkFan
Because a determined prosecutor with his eye on using a case as a stepping stone to higher office and limitless power and wealth would never plant DNA evidence, right?
17 posted on 12/12/2014 7:10:42 AM PST by null and void (Will the obama love story be called Broke Barack Mountin' or The Love That Dare Not Say Hussein?)
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To: sport
The police and prosecutors can not only take your life, they can also take your property and freedom. One cannot defend one's self against them.

Where do I go to get my reputation back?

18 posted on 12/12/2014 7:11:57 AM PST by null and void (Will the obama love story be called Broke Barack Mountin' or The Love That Dare Not Say Hussein?)
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To: SeaHawkFan
This kind of shit is why I no longer support the death penalty unless there is DNA evidence to go with other strong evidence of guilt.

I have stopped supporting the death penalty all together. The only "death penalty" I support is the one where the intended murder victim kills the intending perpetrator.

19 posted on 12/12/2014 8:11:22 AM PST by Paradox (and now here we are....)
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To: All

I may be missing something, but if she was not involved what exactly was the motive for two strangers to kidnap and murder her little boy?
This may not be sufficient grounds to convict her but I would think sufficient grounds to believe she was not innocent of any involvement.


20 posted on 12/12/2014 8:24:17 AM PST by Jonah Johansen ("Coming soon to a neighborhood near you")
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