271:
confessed. Saldate's credibility was crucial to the state's case against Milke. It's hard to imagine anything more relevant to the jury's—or the judge's—determination whether to believe
Saldate than evidence that Saldate lied under oath and trampled the constitutional rights of suspects in discharging his official duties. If even a single juror had found Saldate untrustworthy based on the documentation that he habitually lied under oath or that he took advantage of women he had in his power, there would have been at least a hung jury. Likewise, if this evidence had been disclosed, it may well have led the judge to order a new trial, enter judgment notwithstanding the verdict or, at least, impose a sentence less than death. The prosecution did its best to impugn Milke's credibility. It wasn't entitled, at the same time, to hide the evidence that undermined Saldate's credibility. (p. 42)
188:. A missing person investigation was launched. The next day Phoenix police arrested Roger Scott, a long-time friend of Styers. After more than fourteen hours of interrogation, Scott admitted that he knew where Christopher was and that the boy was dead. He directed the police to a desert area north of Phoenix, where Christopher's body was discovered. Christopher had been shot three times in the head. According to the lead case detective Armando Saldate Jr., Scott claimed that Styers had committed the murder and that Styers had told him Milke had "wanted it done." However, Scott would not testify against Milke at her trial.
214:. At trial, prosecutors relied on the alleged confession and pointed to a possible motive: Milke had taken out a $ 5,000 life insurance policy on her son. Milke, however, who worked at an insurance agency, had not purposefully negotiated the policy, but obtained it as a part of her regular employee benefits package. She had discussed the policy with Styers.
310:, a federal judge dismissed the lawsuit, saying Milke "destroyed evidence... failed to review her own files, provided materially incomplete discovery responses, and asserted baseless claims of privilege." While the judge preferred to levy a monetary sanction, because Milke stated she could not afford to pay one, the case was instead dismissed with
262:
misconduct, including eight cases where confessions, indictments or convictions were thrown out because
Saldate either lied under oath or violated the suspects' rights during interrogations. The court ruled that because "the prosecution did not disclose Saldate's history of misconduct," Arizona had violated its obligation to turn over
270:
Milke's alleged confession, as reported by
Saldate, was the only direct evidence linking Milke to the crime. But the confession was only as good as Saldate's word, as he's the only one who claims to have heard Milke confess and there's no recording, written statement or any other evidence that Milke
280:
On July 8, 2013, Arizona
Attorney General's Office announced its intention to retry Milke and seek the death penalty for the murder of her son. Milke was released on September 6, 2013, with a $ 250,000 bond set by Judge Rosa Mroz of Maricopa County Superior Court. Milke left the jail without talking
261:
On March 14, 2013, the U.S. Court of
Appeals for the Ninth Circuit threw out Milke's conviction, ruling that Milke did not receive a fair trial. It held that Milke's rights had been violated by the failure to turn over Saldate's personnel file to the defense. That file included multiple instances of
195:
sheriff's office where she was interrogated by
Saldate. The interrogation was not recorded or witnessed by anyone other than Detective Saldate. Three days later, in a written report of the interrogation, Saldate indicated Milke had confessed to arranging the murder of her son Christopher.
305:
In 2015, Milke filed a civil lawsuit in federal court against the city of
Phoenix, Maricopa County, Bill Montgomery, and Armando Saldate, among others. It stated she was a victim of malicious prosecution and was denied a fair trial. However, in 2020, after years of wrangling over
93:
against her and both agreed that she was not present at the shooting. Scott implicated Milke as the mastermind while Styers said she had no involvement whatsoever. They implicated each other as the actual shooter. Who that was remains a subject of speculation.
167:
father and a German mother. In 1965 the Sadeik family moved to the U.S., where Milke attended high school and college. She married Mark Milke in 1984 and gave birth to one son, Christopher Conan Milke, in 1985. Debra and Mark divorced in 1988.
755:
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404:
237:
in support of Milke, who by then had been on death row for 18 years. The brief raised questions "regarding the admissibility of uncorroborated and unrecorded confessions" by Milke. In
September 2009, the
176:
In August 1989, Debra Milke and her son
Christopher Milke moved into an apartment with Jim Styers, a man she knew through her sister. On December 2, 1989, Styers took 4-year-old Christopher to the
763:
89:
for the
December 2, 1989 shooting death of her four-year-old son, Christopher Conan Milke. Her alleged conspirators were her roommate James Lynn Styers and his friend Roger Mark Scott. Neither
696:
674:
584:
184:, Arizona. That afternoon he called Milke, who was doing laundry at the apartment, and told her that the boy had disappeared from the mall. Styers alerted mall security, while Milke dialed
1164:
1009:
107:
Armando Saldate Jr. Saldate testified that Milke confessed to him. The alleged confession was uncorroborated, however, and Milke is adamant it did not occur. Saldate was later accused of
614:
199:
Scott was offered a plea-bargain, 21 years in prison for second degree murder, in return for testifying against Milke and Styers. He wanted to take the deal but his lawyer rejected it.
139:
unanimously overturned Debra Milke's conviction. In their ruling, the judges excoriated the conviction. Milke was released on $ 250,000 bond that September by Judge Rosa P. Mroz of the
978:
1061:
467:
818:
246:
to decide if the case merited a new trial. At the subsequent evidentiary hearing, Broomfield disagreed with the appeals court's opinion and found that Milke had validly waived her
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437:
735:
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408:
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Styers, who had helped in the initial search for Christopher, was arrested and interviewed by police after being implicated by Scott. Milke voluntarily went to the
1208:
352:
293:
On December 11, 2014, an Arizona state appeals court ordered the dismissal of murder charges against Milke, ruling that a retrial would result in unconstitutional
382:
1301:
898:
1082:
1291:
1226:
523:
239:
136:
956:
297:. On March 17, 2015 the Arizona Supreme Court declined to review the appeal court decision, and on March 23, 2015, Judge Rosa Mroz dismissed the case.
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to reporters, and lived in a house in Phoenix bought by her supporters. On December 18, 2013, Judge Mroz granted Saldate's request to invoke his
1005:
811:
606:
982:
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459:
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found that there was "no evidence" that Milke had "voluntarily" waived her right to remain silent and ordered federal court judge
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429:
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730:
545:
489:
785:
867:"Local Federal Judge Disagrees With Higher Court; Says No To Child-Killer Debra Milke's Claim Of Miranda Rights Violation"
841:
874:
221:. Styers and Scott were charged and tried separately. Both were convicted of first degree murder and sentenced to death.
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With the passage of time Milke's conviction became increasingly polarizing, largely due to the conduct and testimony of
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147:, which blocked a proposed retrial. On March 23, 2015, all charges against Debra Milke were formally dismissed
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1246:
203:
164:
1276:
922:
756:"U.S. Appeals Court Berates Lawyer-Turned-Judge's Work in the "Going to See Santa" Murder Case"
311:
148:
953:"Debra Milke Released: Judge Allows Arizona Woman Bail After Second Accusation In Son's Death"
143:
Superior Court. County prosecutor Bill Montgomery unsuccessfully appealed the decision to the
144:
111:. Questions about whether a confession was made and whether Milke had voluntarily waived her
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1169:
263:
243:
8:
405:"Debra Milke update: Ex-detective seeks out of Arizona woman's retrial - ABC15 Arizona"
218:
113:
86:
1165:"Debra Milke's wrongful conviction lawsuit against Phoenix dismissed by federal judge"
791:
125:
1230:
1174:
181:
98:
1204:
902:
848:
739:
460:"Arizona woman who spent nearly half her life on death row will not face retrial"
307:
294:
247:
140:
117:
842:"Will Convicted Child-Killer Debra Milke Win New Trial? We're Betting She Will".
1260:
234:
1102:"Arizona woman cleared after 22 years on death row: 'This is not happiness'"
923:"Debra Milke, Arizonan who had murder conviction tossed, is freed – CNN.com"
742:, decision by the U.S. Court of Appeals for the Ninth Circuit, 14 March 2013
1106:
192:
53:
1083:"Debra Milke, Who Spent 22 Years On Death Row, Has Murder Case Thrown Out"
160:
49:
1058:"Arizona Supreme Court declines review of appeal that freed Debra Milke"
207:
121:
955:. PAUL DAVENPORT and BOB CHRISTIE, Huffington Post. 5 September 2013.
375:"Debra Milke, who spent 22 years on death row, has murder case tossed"
697:"Death-row Debbie: No one wanted to believe she could kill her child"
104:
90:
78:
314:. Milke appealed, but a federal appeals court upheld the dismissal.
217:
In October 1990, she was convicted of all charges and sentenced to
108:
82:
74:
129:
101:
787:
Encyclopedia of Capital Punishment in the United States, 2d ed
185:
896:
Arizona woman's murder conviction, death sentence overturned
804:
372:
345:"Wild card confession may sway Debra Milke's murder retrial"
64:
Conviction for son's murder; former Arizona death row inmate
637:"Arizona Supreme Court Won't Allow Retrial of Debra Milke"
490:"INNOCENCE: Debra Milke Exonerated from Arizona Death Row"
906:
266:
to the defense. In their opinion the Circuit Court said,
1031:"Case Tossed Against Woman Held 22 Years in Son's Death"
812:"American Civil Liberties Union of Arizona amicus brief"
81:
woman who spent over 25 years in prison in the state of
607:"AZ Supreme Court lets Milke ruling stand as precedent"
126:
withholding Saldate's personnel record from the defense
171:
430:"Retrial possible in 1989 murder case of Debra Milke"
1006:"Detective in Milke case can plead 5th, judge rules"
979:"Woman on death row could be freed to await retrial"
1033:. nbcnews.com. Associated Press. 12 December 2014.
783:
577:"Arizona woman released after decades on death row"
546:"PDF of United States Ninth Circuit Court's ruling"
667:"Murder charges formally dismissed against Milke"
520:"Ninth Circuit Panel Overturns Murder Conviction"
324:List of wrongful convictions in the United States
1297:Emigrants from West Germany to the United States
1258:
1302:American people wrongfully convicted of murder
1252:Entry at The National Registry of Exonerations
917:
915:
373:Saeed Ahmed and Greg Botelho (24 March 2015).
858:
120:, Saldate's long history of misconduct, and
1292:Overturned convictions in the United States
912:
135:In March, 2013, a three-judge panel of the
85:. She was one of three people sentenced to
1003:
855:, 12 January 2010. Retrieved 26 June 2012.
835:
256:
1287:Prisoners sentenced to death by Arizona
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288:
73:(née Sadeik; born March 10, 1964) is a
1259:
1162:
750:
748:
726:
724:
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526:from the original on December 20, 2016
517:
470:from the original on December 21, 2016
1037:from the original on 12 November 2020
959:from the original on 6 September 2013
933:from the original on 7 September 2013
864:
694:
1247:Audio of Milke's 2010 appeal hearing
275:
1055:
889:
745:
719:
635:Hendley, Matthew (March 18, 2015).
172:Murder investigation and conviction
128:, became central issues of Milke's
13:
458:Gambino, Lauren (March 23, 2015).
342:
14:
1313:
1272:1989 murders in the United States
1240:
981:. DB News Journal. Archived from
647:from the original on July 8, 2019
587:from the original on July 8, 2019
518:Volokh, Eugene (March 15, 2013).
159:Debra Milke (Sadeik) was born in
137:United States Ninth Circuit Court
16:German-American woman (born 1964)
494:Death Penalty Information Center
478:– via www.theguardian.com.
385:from the original on 8 July 2019
1214:
1192:
1181:from the original on 2022-02-05
1156:
1145:from the original on 2016-12-21
1125:
1114:from the original on 2022-02-05
1093:
1075:
1064:from the original on 2015-04-02
1049:
1023:
1012:from the original on 2015-03-28
997:
971:
945:
865:Rubin, Paul (2 February 2010).
824:from the original on 2012-09-16
777:
677:from the original on 2021-02-27
659:
628:
617:from the original on 2020-11-23
599:
558:from the original on 2013-03-19
500:from the original on 2019-07-08
440:from the original on 2016-12-20
355:from the original on 2016-03-28
206:to commit first degree murder,
1100:Gambino, Lauren (2015-03-24).
762:. 11 June 2009. Archived from
569:
538:
511:
482:
451:
422:
397:
366:
336:
231:American Civil Liberties Union
1:
1282:Capital punishment in Arizona
1163:Anglen, Robert (2020-10-31).
695:Rubin, Paul (10 April 1991).
329:
300:
784:Louis J. Palmer Jr. (2008).
240:9th Circuit Court of Appeals
154:
7:
1205:497 F. Supp. 3d 442
732:Debra Milke v. Charles Ryan
317:
10:
1318:
1133:"PDF of Milke's complaint"
790:. McFarland. p. 109.
224:
60:
28:
21:
1222:Milke v. City of Phoenix
1200:Milke v. City of Phoenix
581:San Diego Union-Tribune
202:Milke was charged with
1229: 2022-01-27),
273:
229:In December 2007, the
583:. September 6, 2013.
434:archive.azcentral.com
268:
257:Conviction overturned
163:, West Germany, to a
1170:The Arizona Republic
929:. 7 September 2013.
289:Dismissal of charges
264:exculpatory evidence
233:of Arizona filed an
122:prosecuting attorney
851:Valley Fever blog,
283:5th Amendment right
212:first-degree murder
210:, child abuse, and
145:state supreme court
901:2013-03-20 at the
877:on 25 January 2013
847:2010-01-17 at the
738:2013-03-19 at the
1211: 2020-10-29).
1056:Michael, Kiefer.
1008:. azcentral.com.
985:on 6 October 2018
871:Phoenix New Times
853:Phoenix New Times
701:Phoenix New Times
641:Phoenix New Times
343:Kiefer, Michael.
276:Release from jail
244:Robert Broomfield
68:
67:
33:Debra Jean Sadeik
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1175:Phoenix, Arizona
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1085:. Archived from
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1004:Kiefer,Michael.
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707:on 18 March 2013
703:. Archived from
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71:Debra Jean Milke
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141:Maricopa County
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1089:on 2015-03-24.
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45:(age 60)
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1183:. Retrieved
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1127:
1116:. Retrieved
1107:The Guardian
1105:
1095:
1087:the original
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1066:. Retrieved
1051:
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1025:
1014:. Retrieved
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987:. Retrieved
983:the original
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961:. Retrieved
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879:. Retrieved
875:the original
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837:
826:. Retrieved
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764:the original
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705:the original
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464:The Guardian
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409:the original
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387:. Retrieved
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357:. Retrieved
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235:amicus brief
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193:Pinal County
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54:West Germany
1267:1964 births
989:6 September
963:7 September
937:7 September
530:December 6,
474:December 7,
178:Metrocenter
161:West Berlin
50:West Berlin
23:Debra Milke
1261:Categories
1185:2022-02-05
1149:2016-12-06
1118:2022-02-05
1068:2015-03-23
1016:2013-12-18
828:2012-06-12
770:2013-03-25
681:2019-07-08
621:2019-07-08
562:2013-03-14
504:2019-07-08
444:2016-12-08
415:2016-12-06
359:2019-07-08
330:References
301:Civil suit
208:kidnapping
204:conspiracy
124:Noel Levy
39:1964-03-10
1041:7 October
671:azcentral
611:azcentral
312:prejudice
308:discovery
155:Biography
105:detective
91:testified
1227:9th Cir.
1209:D. Ariz.
1179:Archived
1140:Archived
1112:Archived
1062:Archived
1035:Archived
1010:Archived
957:Archived
931:Archived
899:Archived
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675:Archived
645:Archived
615:Archived
585:Archived
553:Archived
524:Archived
498:Archived
468:Archived
438:Archived
383:Archived
353:Archived
318:See also
180:mall in
79:American
881:28 June
711:28 June
651:July 8,
591:July 8,
249:Miranda
225:Appeals
182:Phoenix
130:appeals
114:Miranda
109:perjury
99:Phoenix
83:Arizona
1225: (
1207: (
1203:,
794:
389:8 July
251:rights
118:rights
102:police
75:German
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991:2013
965:2013
939:2013
883:2012
792:ISBN
713:2012
653:2019
593:2019
532:2016
476:2016
391:2019
29:Born
927:CNN
907:CNN
379:CNN
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