Arizona Attorney General Tom Horne announces intention to appeal
In what has to rank as one of the most outrageous rulings from the 9th Circus Court of Appeals, a three-judge panel on Thursday threw out the murder conviction of a woman sentenced to death in the notorious and vicious plot that took the life of her own 4-year-old son.
In 1989, Debra Milke, whose live-in boyfriend James Styers was not interested in dealing with the child, arranged for Styers and his friend Roger Scott to take little Christopher to the desert outside Phoenix, where he was shot three times in the back of the head. Milke had told the little boy, dressed in his favorite outfit, he was going to the mall to see Santa Claus.
During the trial, prosecutors described a plot by Milke and the two other defendants to collect a $50,000 life insurance policy taken out on the child.
German-born Milke, 48, is one of three women on Arizona’s death row. The two men are both on death row in Arizona State Prison in Florence. Scott confessed during a police interrogation, later leading detectives to the boy’s body in a desert wash.
The three-judge panel was comprised of Chief Judge Alex Kozinski — who wrote the opinion, and Circuit Judges Jerome Farris and Carlos T. Bea. The 60-page opinion can be read here.
Kozinski was nominated by Ronald Reagan. Farris, by Jimmy Carter, and Carlos Bea by George W. Bush.
Debra Milke’s prison data base can be viewed here. James Styers’ can be viewed here. Roger Scott’s is here.
The ruling reversed a U.S. District Court judge’s previous ruling and ordered the lower court to require Arizona authorities to turn over all relevant personnel records for former Detective Armando Saldate Jr., accused of violating the suspects’ Miranda rights during interrogations. Once the material is produced and defense attorneys have reviewed it, prosecutors will have 30 days to decide whether to retry Milke. In the event they don‘t, she will be released from prison.
Maricopa County prosecutors had not read the ruling and had no immediate comment on the decision, according to a spokesman. The Arizona Attorney General’s Office is reviewing the case gauging the possibility of filing an appeal.
We’ve previously written about the antics of this most overturned court in the nation. Here, here, here, and here.
Arizona Attorney General Tom Horne released the following statement today regarding the decision of a three-member Ninth Circuit Court of Appeals panel to throw out the death sentence and murder conviction of Debra Milke:
“We will be appealing this decision to the U.S. Supreme Court. If the Court takes the appeal, I will argue it personally as I have done in two previous cases over the past five months. In my last case, the Supreme Court accepted my argument and overruled the Ninth Circuit’s decision unanimously.
In this case, Ms. Milke was found to have arranged the killing of her own son, a four-year-old toddler, because he was too much of a burden and interfering with her life. After dressing him up and telling him he was going to the mall to see Santa Claus, Milke was convicted of sending her young son off to be shot, execution style, in a desert wash.
This is a horrible crime. The Ninth Circuit’s decision needs to be reversed, and justice for Christopher needs to be served.”
What is wrong with killing your child? Excuse me, there is no right or wrong. Killing your child is gray. It is just another choice. Makes more sense that killing them before they are born. Call it after birth abortion, at least you now know you have a crappy kid. How long before we kill the old and infirmed? It will be an act of kindness, putting them out of their misery. Can we apply that standard to leftists?
There is validity in your irony, VINOAZ. Exactly a year ago, we ran a post concerning a so-called medical ethicist’s defense of the practice of infanticide called “after-birth abortion.” When innocent pre-born or newborn life has no meaning, it is not a stretch to envision the slippery slope where the infirm, elderly, and less than perfect are expendable.
The March 18, 2012 post was titled, “After birth abortion” condoned in medical journal — Infanticide defended by so-called ethicists
Read it here:
http://seeingredaz.wordpress.com/2012/03/18/after-birth-abortion-condoned-in-medical-journal/
Here is a link to a photo of the victim, Christopher Milke:
http://christopher-milke.gonetoosoon.org/file/scale__600x500/a000ae6856612743ea5a6bdb2dd59037/470749_1259244450.jpg
Hopefully the evidence will prove that the case was handled correctly. They should all get death for this crime.
There is also no excuse for the police to not handle Miranda notifications properly. In case after case they try to get info from suspects w/o the proper procedure and it comes back to bite the public in the end. The policemen then continue to get their raises and pensions, however.
There is no evidence or claim of Miranda violations in this case. The reason for overturning the conviction and sentence were Brady violations.
You already made us aware of your low opinion of law enforcement officers, Westnash, when you wrote this about Sheriff Joe Arpaio:
“Westnash says:
March 1, 2013 at 9:06 am
Interesting that when you have someone like Joe who continues to hang on…you have a real vacuum behind them. Their ego just wont let them develop a successor. Joe should retire soon and develop a strong successor…but I am afraid hubris has set in long ago.”
Westnash wrote: “The policemen then continue to get their raises and pensions, however.”
You made it clear how you feel about compensation for those who put themselves in harm’s way on our behalf when you suggested cutting military pay, Westnash:
“Westnash says:
February 14, 2013 at 10:17 am
I would propose an immediate 10% cut in all military expenditures including salaries. All of us can get by on 9 out of 10…..the govt. can as well…it is nothing but would make a huge dent in the problem.”
Let’s see if we can’t figure a way to exempt you from the benefits of being defended by the military and assisted by law enforcement.
Why does the post refer to her as German born? There must some point of relevance, but I don’t understand it. The source of the article is not indicated.
I can’t speak for SRAZ, but Milke is probably referred to as German-born because there has been an ongoing, concerted effort by her mother and others in Germany to paint the scheming murderess mother as an innocent and secure her release. There are German websites devoted to the topic. Her mother (Renate Janka) has even written a book in German promoting her daughter’s innocence.
Lasst meine Tochter endlich frei
Good call, Vince! You assessment is correct.
Have you even read the opinion? The Court correctly held that the Prosecutor in this case screwed up by covering up Detective Saldate’s misconduct, including solid evidence of Brady violations.
There is a reason, especially in a capital case, that the Constitutional mandates must be followed, and those mandates clearly were not followed in this case. Milke may very well be guilty, but we probably will never know because of prosecutorial and police misconduct. If you want to blame someone in this mess, it shouldn’t be the 9th Circuit Court, but rather the blame should be laid at the feet of the prosecutor and Saldate.
In 1963, the Supreme Court ruled in Brady v. Maryland that the government has a duty to disclose material evidence to the defense which could tend to change the outcome of a trial. This exculpatory evidence, often referred to as “Brady Material,” could tend to prove that the accused party is innocent or cast doubt of their guilt. In this case, clear evidence of Saldate’s misconduct and lies was known to the prosecutor but was never given to the defense.
No, phoenixlaw. Debra Milke is not guilty because I say she is. She is guilty because a jury of her peers found her to be. Then, in it’s review of the case, the Arizona Supreme Court upheld the conviction, as did the U.S. District Court in Phoenix.
The fact that her boyfriend and his associate wouldn’t testify against her is not compelling evidence on her behalf. They admitted to the crime and knew they were going down in any event. There would be no benefit in turning on her — an attractive young woman. They certainly would not have been given a lenient sentence after their grisly admissions.
Not quite, Ajo. The Scottsboro Boys were convicted of rape by a jury of their peers. it did no mmean they were guilty. And DNA evidence has released hundreds found guilty by ” a jury of their peers”. Sorry Ajo, juries are not infalliable and never have been.
The case got tossed because the lead Detective Armando Saldate Jr. lied about her confession and had been caught lying before.
Alleged violations by a detective do not make the guilty innocent. Her co-defendant admitted to the crime and led the police to the child’s body. As I recall, this swell mom had bullets in her purse when she was arrested.
Per the Court opinion: “Without Saldate’s testimony, the prosecution had no case against Milke, as there was no physical evidence linking her to the crime and neither of her supposed co-conspirators – Styers and Scott – would testify against her.”
Is she guilty just because you think she is?
Yea, the only evidence against her was he confession, that Saldate did not record or tell anybody about ’till a couple days after he interrogated her.
There is a lot of circumstantial evidence against her but that’s it. A&E’s American Justice had a very good program about this case that covers both sides.
Bad news and too many cops and prosecutors are looking for fame instead of justice
We are well aware of your disdain for law enforcement officers, Westnash, as evidenced in this statement by you about Sheriff Arpaio:
“Westnash says:
March 1, 2013 at 9:06 am
Interesting that when you have someone like Joe who continues to hang on…you have a real vacuum behind them. Their ego just wont let them develop a successor. Joe should retire soon and develop a strong successor…but I am afraid hubris has set in long ago.”
At the same time, you minimize the violent criminal activity by the cartels in your beloved Mexico:
“Westnash says:
March 13, 2013 at 3:18 am
No doubt, there has been much violence in Mexico but it is not constant and widespread.”
These fame seeking prosecutors….just curious…..can you name any, westnash? Specify the fame and maybe throw in the fortunes such “fame” has brought them. Do you personally know of such individuals?
Outside of federal prosecutors Rudy Giuliani, who became mayor of NYC and ran for president, and Thomas Dewey who was NY governor 70 years ago and also become a presidential candidate, and a few who became authors, (Scott Turow), who has became famous apart from their time trying the high profile cases they worked on? (Examples would be Vincent Bugliosi (Charles Manson), Marcia Clarke (OJ Simpson), and currently here in Arizona, (Juan Martinez (Jodie Arais). Fame is a foolish and baseless assertion.
Being a state, county or city government lawyer brings neither fame nor fortune. You must be confusing prosecutors with high profile and high earning defense attorneys After the Arias trial is over, you can bet Martinez will go back to doing cases where you won’t know the name of the defendant. By the way “famous” Republican prosecutors Dewey and Giuliani both lost their races for president!!!
After the Facts what is left.
You have judges appointed or anointed by politicians.
When we stop laughing,we will realize we have been laughing at ourselves. This had been a problem created by most former presidents but, none like Obama.
True and you also have prosecutors who see this job as the first step in fame and want a “quick conviction” no matter what. Hopefully there is enough evidence and records to make sure that she doesn’t walk.
Gee, Westy, apparently you missed this comment by poster “Villanova”:
“Villanova says:”
“March 16, 2013 at 11:47 am”
“These fame seeking prosecutors….just curious…..can you name any, westnash? Specify the fame and maybe throw in the fortunes such “fame” has brought them. Do you personally know of such individuals?”
“Outside of federal prosecutors Rudy Giuliani, who became mayor of NYC and ran for president, and Thomas Dewey who was NY governor 70 years ago and also become a presidential candidate, and a few who became authors, (Scott Turow), who has became famous apart from their time trying the high profile cases they worked on? (Examples would be Vincent Bugliosi (Charles Manson), Marcia Clarke (OJ Simpson), and currently here in Arizona, (Juan Martinez (Jodie Arais). Fame is a foolish and baseless assertion.”
“Being a state, county or city government lawyer brings neither fame nor fortune. You must be confusing prosecutors with high profile and high earning defense attorneys After the Arias trial is over, you can bet Martinez will go back to doing cases where you won’t know the name of the defendant. By the way “famous” Republican prosecutors Dewey and Giuliani both lost their races for president!!!”
Memo to 4 year old boys: if mommy says she’s taking you to see Santa, run like hell!
Of interest to me is the history of the 9th Circuit and SCTOUS regarding murder cases in particular.
“Conviction reinstated for killing at gas station”
“Bob Egelko, Chronicle Staff Writer”
“Published 4:00 am, Wednesday, December 22, 2010″
“A federal appeals court reinstated a San Mateo man’s murder conviction Tuesday for the death of a gas station attendant during a 1992 robbery, reversing lower-court rulings that had granted him a new trial.”
“The Ninth U.S. Circuit Court of Appeals in San Francisco overturned the conviction in 2007. The court said the trial judge’s faulty instructions allowed jurors to convict Pulido even if they decided he was uninvolved in the killing and joined the robbery only after Flores was shot.”
“But the U.S. Supreme Court ordered the case reconsidered in 2008 and said the appeals court had failed to analyze the strength of the prosecution’s evidence. A federal judge in Oakland again granted Pulido a new trial but was overruled by the appellate panel in a 2-1 decision Tuesday.”
http://www.sfgate.com/crime/article/Conviction-reinstated-for-killing-at-gas-station-2452752.php
So here, intervention by SCOTUS foiled an initial attempt by the 9th Circuit to let a convicted murder off the hook.
Here again SCOTUS intervened, unanimously reinstating a murder conviction overturned by the 9th Circuit:
“SUPREME COURT REJECTS NINTH CIRCUIT RULING IN OREGON MURDER CASE”
“Unanimous Court Reinstates Conviction in Premo v. Moore”
“The United States Supreme Court has unanimously reversed a 2009 Ninth Circuit ruling and reinstated the conviction of Oregon murderer Randy Joseph Moore.”
http://www.cjlf.org/releases/11-03.htm
Unbelievable! Yet ANOTHER instance where SCOTUS unanimously stymied an attempt by the 9th Circuit to toss a murder conviction on a technicality!
“UNANIMOUS SUPREME COURT OVERTURNS NINTH CIRCUIT IN MURDER CASE”
“Decision in Walker v. Martin Protects State Rules Barring Lengthy Appeals”
“In a unanimous decision announced today, the United States Supreme Court reversed a federal Ninth Circuit ruling which had found California’s deadline for filing state habeas corpus petitions inadequate. At issue in the case of Walker v. Martin was whether federal courts may overlook rules governing state habeas corpus proceedings simply because, in the federal court’s opinion, the rules have not been rigidly applied.”
“The case involved the conviction of Charles W. Martin for the murder of Charles Stapleton whose body was found in 1986 by children playing along the banks of the Sacramento River. Stapleton had been stabbed eight times in the neck, back, and throat. The children also found Martin’s wallet nearby. A few days later, Martin’s girlfriend made statements further implicating him in the crime. Martin was convicted of first-degree murder and sentenced to life without the possibility of parole.”
http://www.cjlf.org/releases/11-04.htm
Can you believe it? ANOTHER instance in which SCOTUS reinstated a murder conviction overturned by the 9th Circuit!
“Ineffective Counsel: Supreme Court Reverses Ninth Circuit: Knowles v. Mirzayance, 129 S.Ct. 1411 (2009)”
“Adding another case to the already crowded reversal record of the 9th Circuit, the Supreme Court reversed that court in a case previously affirmed by the California Supreme Court. In Knowles v. Mirzayance, 129 S.Ct. 1411 (2009) the jury returned a verdict of “guilty” of first degree murder. That verdict confirms Mirzayance killed another person with malice, intentionally and with premeditation.”
“The Supreme Court in Mirzayance told the 9th Circuit it had applied the wrong rule in evaluating the doctrine of ineffective counsel; criticized the court for not deferring to the State Court decision affirming the conviction; refused to indulge the “strong presumption that counsel’s conduct falls with the wide range of reasonable professional assistance;” ignored the factual findings issued by the Magistrate Judge; derided the notion “the law requires counsel to investigate every conceivable line of mitigation evidence…” ”
http://the9thcircuitwatch.com/wp/?p=133
Good intelligence, euby! Thanks for these very informative links. The far left 9th Circuit has zero credibility.
Thanks a lot, Army Of One. I just became curious about the track record of the 9th Circuit, specifically with regard to murder cases, and so did a little research. I agree, the 9th Circuit constitutes and embarrassment to every competent judge and attorney in The United States.
euby, when you state that the 9th. is “an embarrassment to every competent judge and attorney in the United States,” you make a serious point in Milke’s favor. From what I’ve read in several write ups, Milke’s judge was soon taken off all capital cases due to her her incompetence.
Michael, when you state that the judge was taken off of all capital cases due to her incompetence, citing only “several write ups”, you make a serious point against the credibility of those supporting Milke. Cite your sources, Michael, as I have done with the 9th Circuit. Let’s see where your information came from and exactly what was said so that we can fact check it. For all we know, you could be quoting your Momma. If you are unwilling or unable to cite your sources, don’t waste our time by posting the unverifiable.
The trial court judge Cheryl Hendrix was indeed moved. But get your facts straight. All judges rotate between criminal, civil and family court assignments. That is not removal or due to incompetence.
Mama Milke was also quoted as saying she didn’t want her son to grow up to be like his father.
If I remember correctly, his dad was in and out of jail, so saying that is not necessarily a bad thing.
Yeah, “Arizona” Milke is a real peach.
Gee, Red Fork and Michael Murphy, you have conveniently forgotten about James Lynn Styers with whom Debra Milke chose to live and whose conviction in the murder of Christopher Milke has held up on appeal. Picking one “peach” can mean a problem with the peach. Picking two “peaches” means a problem with the picker.
I was just responding to her quote about how she did not want her kid to grow up like his dad. Not that Debra Milke was innocent just saying something like that was not a reason for her guilt; especially if the dad had been in jail a lot.
I cannot remember, but was Styers was in trouble with the law before?
James Lynn Styers had no previous history of problems with the law but he did claim to have PTSD, secondary to Viet Nam War combat, and he sought to use that as a basis for an appeal:
“Suffice to say that the Ninth U.S. Circuit Court of Appeals shipped the case back to Arizona last year after noting that our Supreme Court wrongly had failed to consider Styers’ post-traumatic stress syndrome (from his war service) as a possible mitigating circumstance that could have called for leniency.”
“State prosecutors subsequently asked the high court to review the facts of the case with an eye toward considering Styers’ PTSD as a possible mitigating factor.”
“The Arizona Supreme Court did just that, but didn’t bite on the PTSD thing.”
“Written by Chief Justice Rebecca White Berch, the 4-1 majority opinion concludes that “Styers failed to present any evidence that his PTSD affected his conduct at the time of the crime,” and that his actions were “planned and deliberate, not impulsive.”
http://blogs.phoenixnewtimes.com/valleyfever/2011/07/child_killer_jim_styers_convic.php
So Milke graduated from Christopher’s biological father to a murderer. Getting up in the world, Debra! You really know how to pick ‘em!
Hard to believe, that even on a retrial she would not get at least life.
What’s REALLY hard to believe, Westnash, is that you are still trying to pass yourself off as a Conservative Republican when you are a Liberal DEMOCRAT who supports the Liberal DEMOCRAT gun control of Liberal DEMOCRAT B. Hussein Obama:
“Westnash says:
December 23, 2012 at 12:39 pm
Every hunting shotgun has a limit on shells…there is no place for large clips and no place for Gun Shows to sell on terms different than a retail gun shop.”
“Westnash says:
January 8, 2013 at 8:00 am
There will be some changes in gun regulations at some point in 2013 and the Republicans who only tow the NRA line of “no” will lose. Wouldn’t you rather outsmart your opponent than trying unsuccessfully in throwing up a wall, that is crumbling down around you.”
Whoa! How much more Liberal DEMOCRAT can you get regarding the 2nd Amendment?
You’re not going to believe this. ANOTHER case where SCOTUS reinstated a death penalty overturned by the 9th Circuit!
“Supreme Court Decides Wong v. Belmontes”
“16-November-2009″
“In 1981, in the course of a burglary, Fernando Belmontes bludgeoned a woman to death. He was convicted of murder and sentenced to death, and his conviction and sentence were affirmed on direct appeal in California state courts. When he then sought habeas corpus relief from the federal courts, the district court denied the writ, but the Court of Appeals for the Ninth Circuit reversed. It first held that the jury instructions had been erroneous, but then, after the Supreme Court reversed that decision in 2006, held that Belmontes had been denied effective assistance of counsel, in that his lawyer failed to present all available mitigating evidence in the sentencing phase.”
“The Supreme Court granted the petition for a writ of certiorari and, without setting the case for argument, reversed the Ninth Circuit Court’s decision in a per curiam opinion.”
http://www.faegrebd.com/10451
One might get the impression that the 9th Circuit is attempting to use judicial activism to do away with the death penalty.
P. S. Note that SCOTUS bitch slapped the 9th Circuit on this case first in 2006 and then AGAIN in 2009 when the 9th tried to overturn on a new and different technicality!