Wrongly Convicted Database Record
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Charge: |
Murder and Kidnapping |
Sentence: |
Death |
Years Imprisoned: |
24 |
Year Crime: |
1989 |
Year Convicted: |
1991 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Arizona |
County or Region of Crime: |
Maricopa |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Debra Milke was wrongly convicted in 1991 of first-degree murder, kidnapping, conspiracy, and child abuse in the death of her 4-year-old son Christopher on 1989. The prosecution's case was based on the testimony of homicide Detective Armando Saldate, Jr. that Milke confessed to involvement in the crime. Although there was no witness, or audio or video recording of the confession Saldate testified that he heard MIlke make, which she vigorously denied, the jury found Milke guilty. Milke was sentenced to death. A post-conviction investigation discovered that the prosecution had concealed that Det. Saldate had a long history of lying in order to obtain convictions. Milke filed a post-conviction petition for a new trial based on the new evidence of the prosecution's Brady violation of concealing the credibility of Saldate's testimony. After the Arizona state court's denied Milke's petition, she filed a federal habeas petition, which was denied by a U.S. District Court judge. The Ninth Circuit Court of Appeals granted her petition, and after her case was remanded to the state court's the trial judge ordered dismissal of the charges. The State appealed and the Arizona Court of Appeals affirmed that ruling. On March 17, 2015 the Arizona Supreme Court declined to review the appeals court's ruling, which made the dismissal of the charges final. After her release Debra Milke filed a federal civil rights lawsuit that named as defendants: Maricopa County, the Phoenix Police Department, Phoenix PD Detective Armando Saldate, and Saldate's immediate PPD supervior. Milke is represented in her lawsuit by the New York law firm of Peter Neufeld, Barry Scheck, & Nick Brustin (NS&B)." |
Conviction Caused By: |
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Innocence Proved By: |
"On March 17, 2015 the Arizona Supreme Court denied the State's petition to review the Arizona Court of Appeals ruling that affirmed the trial court's order dismissing the charges against Debra Milke." |
Defendant Aided By: |
"Represented in federal civil rights lawsuit by the New York law firm of Peter Neufeld, Barry Scheck, & Nick Brustin (NS&B)." |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
25 |
Age When Released: |
49 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Court rejects bid to retry former AZ death row inmate, By Phil Benson, WMC-TV (Memphis, TN), March 17, 2015" |
Information Location 1: |
http://www.wmcactionnews5.com/story/28544001/court-rejects-bid-to-retry-former-az-death-row-inmate |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org