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FNN: Former Death Row Inmate Debra Milke and her Lawyers Speak to Press — Transcript

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  1. 0:17can you hear me in the back of the room
  2. 0:22there let me move this up just a little
  3. 0:27bit can you hear that any better
  4. 0:31yes great well welcome to you all um we
  5. 0:35are very pleased to to uh have you all
  6. 0:39here today and to have this opportunity
  7. 0:44for Deborah milky and her fine lawyers
  8. 0:48and some of her her most Ardent
  9. 0:51supporters to uh share with you some of
  10. 0:55their
  11. 0:56observations uh as they have lived
  12. 0:58through this experience that you all
  13. 1:01know about uh that that has spanned more
  14. 1:07than two uh Decades of Deborah milky's
  15. 1:10life my name is Larry Hammond I'm with
  16. 1:13the law firm of Osborne madon and am the
  17. 1:17President of the Arizona Justice project
  18. 1:21I like a lot of uh people have been
  19. 1:24involved in in Deborah milky's case and
  20. 1:27working with her lawyers uh for many
  21. 1:31many years so it's a special honor for
  22. 1:33me to be able to introduce you to the
  23. 1:37people who will be speaking today let me
  24. 1:40tell you briefly first how how we uh
  25. 1:44intend to proceed uh we we have have
  26. 1:49asked Deborah to share uh her views and
  27. 1:54her words with you first uh we would
  28. 1:58Mike oh Mike is going to speak first
  29. 2:01that's what I get for for forgetting my
  30. 2:04script
  31. 2:06uh so as I said Mike is GNA speak
  32. 2:11first and then Lori
  33. 2:14B and then
  34. 2:18Deborah all right I knew that was what
  35. 2:20it was uh so uh so we will proceed in
  36. 2:25that way and then I have a couple other
  37. 2:28people who I want to to introduce you to
  38. 2:33um who we've also asked to to say say a
  39. 2:36few words and and once we've had that
  40. 2:39opportunity and they've had that
  41. 2:41opportunity we will then
  42. 2:44entertain um questions uh our time is
  43. 2:48relatively limited so we do want to move
  44. 2:52forward as expeditiously as we we can
  45. 2:56and thank you all for your
  46. 2:58cooperation uh um Mike let me start with
  47. 3:02with you as I think you all know Mike
  48. 3:05Kim and and Lori Vel have been the
  49. 3:09lawyers handling this case now for many
  50. 3:13years there are other lawyers in the
  51. 3:15room who have also devoted significant
  52. 3:18years of their lives to this case but
  53. 3:21Michael and and Lori were the ones who
  54. 3:24were who were here for the last very
  55. 3:28difficult years of this case so Michael
  56. 3:31let me turn it over to you thank
  57. 3:34you I don't know if this is on or if you
  58. 3:36can hear me back
  59. 3:43there turn it up just move it closer
  60. 3:47move it
  61. 3:48closer no does that better okay okay
  62. 3:53great let me get it up here
  63. 3:54closer well first thank you for all
  64. 3:57coming uh we scheduled this press
  65. 3:59conference because we thought it would
  66. 4:01be good if we could have all of you here
  67. 4:02at one time and it gave Deborah a chance
  68. 4:05to speak and give her thoughts about
  69. 4:07what is happened to her I kind of sit
  70. 4:10here today in really a state of
  71. 4:12disbelief that we have gotten to this
  72. 4:15point this case has been a nightmare for
  73. 4:18Deborah milky for over 25
  74. 4:21years
  75. 4:22uh it started back in December
  76. 4:272nd still not okay de December 2nd
  77. 4:311989 when she was arrested and
  78. 4:34ultimately falsely
  79. 4:36convicted for conspiring to have her son
  80. 4:40killed and here she was an innocent
  81. 4:43woman she was incarcerated for 24 years
  82. 4:4722 years on death
  83. 4:50row and the journey that led us here and
  84. 4:55why we're sitting here today has not
  85. 4:57been an easy Journey it's been a long
  86. 4:59Journey it's had its ups and it's had
  87. 5:02its downs and it's had its tears and
  88. 5:04it's had its heartbreaks and it's had
  89. 5:06its
  90. 5:07successes and I have a great deal of
  91. 5:10gratitude that we're sitting here today
  92. 5:13knowing for Deborah her nightmare has
  93. 5:16finally over and that she's a free woman
  94. 5:19and that she can now have a life for the
  95. 5:23years that she has left to enjoy what
  96. 5:26what all the rest of us get to enjoy in
  97. 5:28the world in which she was deprived of
  98. 5:31for over 24
  99. 5:33years
  100. 5:36uh when I look at this case I think many
  101. 5:40of you know about the myth of Copus you
  102. 5:42know the guy that was the immortal that
  103. 5:44offended the gods and the God said he
  104. 5:47has to roll this big boulder up a
  105. 5:48mountain all the time and every time it
  106. 5:50got to the top the boulder rolled back
  107. 5:52down again and that's many ways what we
  108. 5:56experienced throughout this particular
  109. 5:59case
  110. 6:00we were constantly rolling the boulder
  111. 6:02up the mountain and it would come back
  112. 6:04down again and we'd walk back down and
  113. 6:08keep trying to push it up the mountain
  114. 6:10uh fortunately this time it's
  115. 6:12stuck uh Lori and I first became
  116. 6:16involved in this case 15 years
  117. 6:19ago and you know many times we criminal
  118. 6:22defense attorneys are always ask the
  119. 6:23question how do you offend somebody
  120. 6:24that's
  121. 6:25guilty
  122. 6:27and the straight answer and most of you
  123. 6:30here know that because you've been in
  124. 6:31the system for a long time as you know
  125. 6:34many of our clients are
  126. 6:36guilty we are here because they have
  127. 6:39rights under our constitution to have
  128. 6:40lawyers and they have rights that need
  129. 6:42to be protected and that's our job and
  130. 6:44everyone is entitled to that but I'll
  131. 6:47tell you the hardest case that any
  132. 6:49defense attorney can ever have is when
  133. 6:52you have an innocent
  134. 6:54client and when Lori and I got involved
  135. 6:56in this case 15 years ago we took it
  136. 7:00over after all the state appeals had
  137. 7:04been
  138. 7:05lost Deborah was on death
  139. 7:09row the media had characterized her as
  140. 7:12this demonic woman that had tried to
  141. 7:15have her own or who had actually killed
  142. 7:17her own son and conspired to do
  143. 7:21it uh so when we got into the case we
  144. 7:24were at the bottom of the
  145. 7:26mountain and we started looking at the
  146. 7:29files Lori dug into the files and all of
  147. 7:33a sudden as we looked at everything we
  148. 7:35realized looking at all the evidence
  149. 7:36that this woman is we have an innocent
  150. 7:40client and with all the other things you
  151. 7:42have going against you now you have that
  152. 7:44pressure that this woman is innocent
  153. 7:46because there was no real evidence
  154. 7:48against Deborah milky except this
  155. 7:52so-called confession that came from a
  156. 7:53dirty
  157. 7:55cop and we started looking at the
  158. 7:59history of the case and there was some
  159. 8:02great work done by lawyers before we
  160. 8:05even got here uh you take Ken Ray her
  161. 8:08trial
  162. 8:09counsel uh he did a good job trying to
  163. 8:13represent her but he was fighting an
  164. 8:15uphill battle the deck was stacked
  165. 8:18against him he knew all he had was a he
  166. 8:21said she said situation and he was
  167. 8:23trying to find evidence to give some
  168. 8:25balance to it and he was thed and
  169. 8:27blocked in that effort
  170. 8:30and then after the appeal was
  171. 8:32lost we had Anders rosenquist who
  172. 8:35handled the rule
  173. 8:3732 and really kind of cracked the many
  174. 8:40of the things open because he found a
  175. 8:42whole bunch of law students who could go
  176. 8:45out and try to go through files and look
  177. 8:47through those files and find information
  178. 8:50about this police
  179. 8:52officer salati and they did they found
  180. 8:5620 cases of misconduct they found cases
  181. 8:58where there were judicial findings where
  182. 9:00he had lied he had violated people's
  183. 9:02civil rights he abused the system and
  184. 9:05and bragged about had a reputation for
  185. 9:07doing it there were courts in our system
  186. 9:10that found him to
  187. 9:12be
  188. 9:14responsible for basically being a dirty
  189. 9:18cop that violated people's civil rights
  190. 9:20all of that was out there all of that
  191. 9:23was probably known by the prosecutors
  192. 9:25but none of that was ever given to Ken
  193. 9:27Ray to have so he could impeach Sal body
  194. 9:29at a
  195. 9:31trial
  196. 9:34and with all of that to take that and to
  197. 9:38put it together with everything else and
  198. 9:40to try to do some of the other things I
  199. 9:43want to really point out my co-counsel
  200. 9:46Lori Vel she has been the laboring ore
  201. 9:50in this case all the way through her
  202. 9:53heart and soul has been in it from the
  203. 9:54day we
  204. 9:55started she has probably done some of
  205. 9:58the most brilliant appellant work I have
  206. 10:01ever seen a lawyer
  207. 10:03do and she never gave up we had setbacks
  208. 10:07and she thought and we have had tears
  209. 10:11and we have had
  210. 10:12heartbreaks but we were
  211. 10:15always always came back because of
  212. 10:17Deborah
  213. 10:20and you know I look back in kind of a
  214. 10:24brief history of this and I'll be as
  215. 10:26brief as I possibly can but when we
  216. 10:29started we started at the federal system
  217. 10:31on our the appeal uh we went to the
  218. 10:34district court level uh
  219. 10:36Lori found a way to ask the district
  220. 10:39court
  221. 10:41to try to find more evidence about Sal
  222. 10:43da in his file and we did she found it
  223. 10:48was turned over a report where he had
  224. 10:51basically uh engaged as a police officer
  225. 10:54in trying to let somebody go in exchange
  226. 10:56for sex he was reported he denied it
  227. 10:59happened took a lie detector test failed
  228. 11:03it uh and then admitted that he had done
  229. 11:06this and there was a complete record by
  230. 11:08the chief of the police at the time
  231. 11:10saying this man's credibility is no good
  232. 11:12that he is basically was a liar and you
  233. 11:16couldn't believe him and yet this was
  234. 11:19stuff that was kept from Ken Ray at the
  235. 11:22trial and it was in his personnel file
  236. 11:24but was never disclosed by the
  237. 11:26prosecution that with all of the other
  238. 11:28things she put together we thought we
  239. 11:30had a good chance at the district court
  240. 11:32level of of winning we didn't it was
  241. 11:36denied so we then went to the ninth
  242. 11:39circuit and we went through a series of
  243. 11:42different briefings there were two
  244. 11:44arguments before this uh ninth circuit
  245. 11:47they set the case back uh one time
  246. 11:50because there's a procedure where you
  247. 11:51can have a settlement conference theight
  248. 11:54circuit
  249. 11:56and the problem was a settlement
  250. 11:58conference
  251. 11:59is they will always want the client to
  252. 12:02come in and say well I've done something
  253. 12:05and then we may get let you off for time
  254. 12:07served or something like
  255. 12:09that there was no way that we could even
  256. 12:12do that or would even try to do that
  257. 12:15because of our client Deborah mky
  258. 12:17Deborah has always said I am innocent I
  259. 12:21absolutely never had anything to
  260. 12:24do with my son's death and there is no
  261. 12:28way under any circumstance whatsoever
  262. 12:31could I ever come forward and say that I
  263. 12:34did something just to get off I would
  264. 12:37rather suffer the death penalty before I
  265. 12:39ever did anything like
  266. 12:41that
  267. 12:43uh they even sent the case back to the
  268. 12:46district court for a hearing and again
  269. 12:48we thought you know uh the hearing went
  270. 12:52well we thought we might we might have
  271. 12:55have some
  272. 12:57success and the it came back to see if
  273. 12:59her Miranda rights had been violated and
  274. 13:03salani was under oath admitted he broke
  275. 13:06some civil rights and said I just leave
  276. 13:08that up to the courts uh but
  277. 13:12unfortunately we were
  278. 13:14denied and getting back to my myth of
  279. 13:17cispus it's you kind ask the question
  280. 13:20you know why in the world after you get
  281. 13:22that Boulder rolls down the mountain do
  282. 13:24you ever walk back up
  283. 13:27again well
  284. 13:29it's because you have hope and our hope
  285. 13:33in this case came from De she was our
  286. 13:36inspiration
  287. 13:40in she was our Deborah was the one that
  288. 13:45was always there and I mean Lori and I
  289. 13:48would visit her at prison and you know
  290. 13:52we would be you know after you suffer
  291. 13:54defeat like that when we thought we were
  292. 13:56going to
  293. 13:57win uh we were we were down and who
  294. 14:02inspired us and who gave us the strength
  295. 14:04to start pushing that bould up the mount
  296. 14:06again it was Deborah cuz Deborah said
  297. 14:10you know she
  298. 14:12says don't
  299. 14:14worry I'm
  300. 14:16innocent and I'm innocent and will'll
  301. 14:20win and at that time it just didn't look
  302. 14:23real good for us but we kept on fighting
  303. 14:27Lori did just some brilliant work and
  304. 14:29putting things together we had more
  305. 14:31briefing and then finally in March
  306. 14:3313th of
  307. 14:352013 the ninth circuit ruled and they
  308. 14:39ruled in Deborah's favor they reversed
  309. 14:42her conviction and they sent it back for
  310. 14:45determination to whether there's going
  311. 14:46to be a retrial at the county attorney's
  312. 14:49office level or not and it wasn't just
  313. 14:52another decision it was just not a
  314. 14:54decision to say we reverse this it was a
  315. 14:57Monumental decision it was a decision
  316. 15:00that really for a long
  317. 15:03time uh which would needed to be done
  318. 15:07addressed prosecutors that hid
  319. 15:10information and here they found the
  320. 15:12conduct was egregious how information
  321. 15:16was kept back and that the county
  322. 15:18attorney's office at that time had to
  323. 15:20know had to know that that information
  324. 15:23was there because some of these cases
  325. 15:24that SOA had been involved in they were
  326. 15:29cases that courts had ruled on they were
  327. 15:31handling him in same office and they
  328. 15:34were findings about his misconduct in
  329. 15:37his lying in cases in railroading
  330. 15:41defendants and yet none of this was ever
  331. 15:44produced and it was a blistering opinion
  332. 15:48by the ninth circuit they said it was
  333. 15:50egregious
  334. 15:52conduct
  335. 15:54and when it was sent back we were hoping
  336. 15:58based on what they showed because they
  337. 16:02clarified and you have to realize the
  338. 16:04court spent years going through the
  339. 16:06evidence listening to all the arguments
  340. 16:09and in that period of time they found
  341. 16:13the only evidence here that really
  342. 16:15connected her to anything in the the
  343. 16:18death of her son was this so-called
  344. 16:21confession that sod claimed he had
  345. 16:24obtained from her in 30 minutes never
  346. 16:26making a record of it never recording it
  347. 16:30and yet that was the evidence that
  348. 16:33she was convicted of when it was
  349. 16:35presented in court because no one was
  350. 16:37able to challenge The credibility of
  351. 16:40Sadi about his history his past because
  352. 16:43it was all covered up and we didn't have
  353. 16:45all the computers back then where you
  354. 16:47could look and find all of this stuff
  355. 16:48easily that's why what Andre rosenquist
  356. 16:51did was so a Monumental task when he
  357. 16:54found law students that could go out and
  358. 16:56go through microfish and files and all
  359. 16:59of this misconduct by
  360. 17:02salati
  361. 17:06uh Unfortunately they decided to retry
  362. 17:09the case and we tried to convince the
  363. 17:12county attorney's office that there was
  364. 17:13no evidence if you use the standard of
  365. 17:15Reason likelihood of uh prosecution of
  366. 17:19that they would get a conviction we felt
  367. 17:22the chances of that were were slim the
  368. 17:24only evidence again was this so-called
  369. 17:27confession but they went ahead and made
  370. 17:30the decision to go ahead and proceed
  371. 17:32which they did so we started to get
  372. 17:34ready to retry the case
  373. 17:36again in one of the Motions we filed
  374. 17:39that went into the court of appeals was
  375. 17:41a motion on Double Jeopardy because the
  376. 17:43ninth circuit had said this conduct of
  377. 17:45the prosecution was so egregious it went
  378. 17:47beyond the pale and as a consequence you
  379. 17:51know we use that as an argument it was
  380. 17:53their fault that she had that trial so
  381. 17:55Double Jeopardy said in
  382. 17:58that went up to our court of appeals in
  383. 18:01our court of appeals in another amazing
  384. 18:05decision utilizing many of the findings
  385. 18:08of the ninth circuit but also looking at
  386. 18:11the whole thing and said this is
  387. 18:13egregious conduct what happened here to
  388. 18:16Deborah milky is an
  389. 18:18outrage and what happened here is a
  390. 18:20stain on our Criminal Justice
  391. 18:23System the state appeal and they ended
  392. 18:27up ruling at that point to Mr case with
  393. 18:30prejudice uh the state appeal to the
  394. 18:32Supreme Court the Supreme Court upheld
  395. 18:35the court of appeals by denying
  396. 18:38review and that's why we're here today
  397. 18:41after all that
  398. 18:43process Deborah milky has finally been
  399. 18:47Vindicated she's an innocent woman who
  400. 18:51never should have been
  401. 18:52convicted she was a victim of a dirty
  402. 18:55cop she was a victim of
  403. 19:01prosecutors sitting
  404. 19:04on
  405. 19:06evidence that probably would have saved
  406. 19:09her and saved her from 25 24 years in
  407. 19:13prison 22 of those years being on death
  408. 19:16row and I want to talk about really the
  409. 19:19unsung hero in the case and the that's
  410. 19:22our
  411. 19:23courts our courts really came to
  412. 19:27Deborah's rescue and I give give them a
  413. 19:29great deal of credit for the courage
  414. 19:31they showed because we've had Brady
  415. 19:34violations over the years and we have
  416. 19:36seen them basically people just getting
  417. 19:38a slap on a hand and people ignoring
  418. 19:40them but in these two opinions the
  419. 19:43courts have made a
  420. 19:45statement and there are lessons that
  421. 19:49they have given us out of those
  422. 19:52opinions number one it's very clear now
  423. 19:56that if there is favorable evidence that
  424. 19:59can exculpate or help or mitigate a
  425. 20:03defendant the prosecutors not only have
  426. 20:05a duty to find it they have a duty to
  427. 20:06give it and turn it over it's their
  428. 20:10responsibility and if there's egregious
  429. 20:12misconduct by police or prosecutors
  430. 20:15there are going to be harsh
  431. 20:17consequences that for years has not been
  432. 20:20the
  433. 20:21case they also pointed out the whole
  434. 20:23thing about custodial
  435. 20:25interrogations that if you're going to
  436. 20:27have custodial interrogations verify it
  437. 20:30this just somebody is coming in and
  438. 20:32saying this is what someone said you
  439. 20:34know Sal had a chance and was ordered to
  440. 20:37record the statement that he got from
  441. 20:40Deborah milky he didn't do it he didn't
  442. 20:43let his partner in the room he just
  443. 20:45walked in there for 30 minutes came out
  444. 20:47and said she confessed and Deborah milky
  445. 20:49said I never confessed I'm innocent I
  446. 20:51never did
  447. 20:55anything I think this will these
  448. 20:58opinions will help spur a movement in
  449. 21:00this country where anyone in custody is
  450. 21:03interrogated those inter those
  451. 21:05interrogations have to be tape recorded
  452. 21:08we have so much technology now there's
  453. 21:09no reason that doesn't happen and I
  454. 21:12think they're also saying in these
  455. 21:14opinions that there need to be checks on
  456. 21:17our systems of Justice or our system our
  457. 21:20police systems and our prosecutor
  458. 21:22systems so they don't become Rogue they
  459. 21:25don't develop a culture of this type of
  460. 21:27misconduct and it just can't ever happen
  461. 21:30again and so even though this is a case
  462. 21:34that's the I guess it's the end for deah
  463. 21:37the case is it's a beginning of her new
  464. 21:39life i' like to think these cases even
  465. 21:41Mark something that's a bigger beginning
  466. 21:45and that is that maybe in our Criminal
  467. 21:48Justice System we have seen a beginning
  468. 21:50where prosecutors and police are going
  469. 21:53to have to be responsible for their
  470. 21:56conduct all I can say here here is a
  471. 22:00nightmare for Deborah milky of 25 years
  472. 22:03is now over she is an innocent woman who
  473. 22:07should never have been
  474. 22:08convicted that she's here and free
  475. 22:12today and I can't tell
  476. 22:14you how happy we all are and happy such
  477. 22:18a flimsy word I'm just overwhelmed and
  478. 22:22overwhelmed I it's hard to describe the
  479. 22:24emotion I feel that we finally got here
  480. 22:28I mean there were so many moments when
  481. 22:29Lori and I we didn't dream we would be
  482. 22:32sitting here today saying that Deborah
  483. 22:34milky is
  484. 22:36free thank
  485. 22:41[Applause]
  486. 22:44you thank you Mike um Lori Vel has
  487. 22:49already been identified and and Mike
  488. 22:51said truth when he talked about her
  489. 22:54extraordinary work in this case but I
  490. 22:57can't help but want to underscore that
  491. 23:01point I do not think you will find in
  492. 23:03the annals of
  493. 23:04lawyering uh in this state and I and I
  494. 23:07would say in the country of of a lawyer
  495. 23:11who has exhibited the the talents of
  496. 23:15advocacy at a level that Lori Vel
  497. 23:19brought to this team and this case and
  498. 23:23if there is ever an award given for
  499. 23:26perseverance in the face
  500. 23:29of of adversity Lori Vel ought to be the
  501. 23:32one to get it I'm pleased to introduce
  502. 23:35her thank you Larry I really appreciate
  503. 23:38that and the words of my co-counsel Mike
  504. 23:41it has been a long road and you know I
  505. 23:45hopefully can get through
  506. 23:46this I'm going to tell a little bit more
  507. 23:49of a personal story about my journey in
  508. 23:51this
  509. 23:52case um I was a first year law student
  510. 23:55when Deborah milky was tried convicted
  511. 23:58and sentenced to death and I'll never
  512. 24:02forget the images of Deborah Christopher
  513. 24:07detective
  514. 24:08salate and Deborah Cody finet splattered
  515. 24:11across every television screen and every
  516. 24:14newspaper in the state of Arizona it
  517. 24:16made a real impression on me just like
  518. 24:18it did most other people and I believed
  519. 24:23like so many others at the time that
  520. 24:25Deborah must have confessed to the
  521. 24:27horrific crime of dressing her child up
  522. 24:30in his favorite cowboy boots and sending
  523. 24:32him out telling him he was going to see
  524. 24:35Santa and instead sending him out to be
  525. 24:42murdered I never dreamt at that time
  526. 24:45that just 10 years
  527. 24:47later that I would begin working so hard
  528. 24:51for Deborah's freedom and
  529. 24:52Vindication and over the past 15 years
  530. 24:56that we've represented Deborah she has
  531. 24:59become not just a client but my
  532. 25:02friend my dear
  533. 25:06friend when I reviewed the enormous file
  534. 25:10in Deborah's case I was literally
  535. 25:12stunned at the lack of evidence linking
  536. 25:15her to this horrific crime thanks to the
  537. 25:19great work as Mike explained of Deb's
  538. 25:21trial lawyer and then by Andre
  539. 25:23rosenquist Terry capos uh Kirk fer and
  540. 25:27the postc conviction team of researchers
  541. 25:30that they assembled to spend thousands
  542. 25:33and thousands of hours
  543. 25:35uncovering cases involving this
  544. 25:37detective on microfish in the clerk's
  545. 25:41office there was no internet there were
  546. 25:42no electronically available records they
  547. 25:45did this by camping out at the clerk's
  548. 25:48office at the Maricopa County superior
  549. 25:50court and just digging through microfish
  550. 25:54hour after hour until they could find
  551. 25:57other cases in involving detective Sate
  552. 26:00it was an enormous feat and one that
  553. 26:03ultimately really helped turn things
  554. 26:05around it took a long time it should not
  555. 26:08have taken this long but it did and um
  556. 26:12because of all of that we were able to
  557. 26:14really start seeing what this case is
  558. 26:16all about and it was it was amazing um
  559. 26:21it it changed my mind it changed my
  560. 26:24outlook on uh cases and the criminal
  561. 26:28justice
  562. 26:29system and I learned that this case was
  563. 26:33not about a selfish self-centered woman
  564. 26:37who wanted rid of her young child as the
  565. 26:39state had portrayed it was about a young
  566. 26:4225y old mother who did her best to care
  567. 26:47for and protect her child and who fell
  568. 26:49into the clutches of a very dishonest
  569. 26:53manipulative and egocentric
  570. 26:56detective Deborah did not stand a chance
  571. 26:59alone in that room without a recorder
  572. 27:04without a witness and without any other
  573. 27:06form of
  574. 27:08corroboration with this man and if any
  575. 27:11of you saw him testify you would
  576. 27:14understand why why he won that swearing
  577. 27:17contest the hubris like I have never
  578. 27:21seen and there is no no form of
  579. 27:24corroboration as to what Deborah said
  580. 27:27and more importantly as to what she did
  581. 27:28not say she asked for a lawyer at the
  582. 27:32outset right after he read her rights he
  583. 27:35ignored her and then plowed over her in
  584. 27:38the course of the next 30
  585. 27:42minutes now although the great weight
  586. 27:45thankfully of media and public opinion
  587. 27:47have shifted gradually in de's favor
  588. 27:50over the years as more and more of the
  589. 27:53evidence and lack thereof in this case
  590. 27:56have been revealed there are a few who
  591. 27:58say I still just think and that
  592. 28:01Deborah's guilty that's what my gut
  593. 28:03says and all I can say to those few
  594. 28:06people is that none of you have reviewed
  595. 28:10the evidence in this case like I have
  596. 28:14and none of you have gotten to know
  597. 28:17Deborah as I have and
  598. 28:20so I will tell you that my gut is far
  599. 28:24more informed than yours
  600. 28:29everyone who has opened their minds and
  601. 28:33opened their eyes in this case and who
  602. 28:36have met Deborah
  603. 28:39agree that Deborah is not a
  604. 28:42monster she is an innocent woman who was
  605. 28:47wrongfully convicted and who paid a
  606. 28:50price that none of us can even imagine
  607. 28:53and should ever have to pay the loss of
  608. 28:56her precious child followed by her
  609. 29:00arrest and conviction for his death the
  610. 29:04loss of half of her precious life and
  611. 29:08nearly the loss of her very
  612. 29:14existence thankfully the courts starting
  613. 29:18with the ninth
  614. 29:19circuit finally started to see the grave
  615. 29:21Injustice done in Deborah's
  616. 29:24case as well as to Christopher I add
  617. 29:29it has now been two years since the
  618. 29:31ninth circuit issued its scathing
  619. 29:34opinion after re also reviewing the
  620. 29:37in-depth massive file in Deborah's case
  621. 29:41for a very long time they had this case
  622. 29:45for five
  623. 29:48years but unfortunately the decision to
  624. 29:51retry Deborah ended up costing her and
  625. 29:54it cost her more than just another two
  626. 29:56years
  627. 29:59because her dear mother ranata who had
  628. 30:02been fighting cancer for 5 years lost
  629. 30:05that battle this past August and Deborah
  630. 30:09lost the ability to spend 17 months and
  631. 30:13final days with
  632. 30:15her thankfully Deborah and her mother
  633. 30:18were able to spend two incredible visits
  634. 30:20together to which we were witness I
  635. 30:23lived for that day I'll tell you for
  636. 30:26that image that was my work was to see
  637. 30:30that day come and it
  638. 30:33did and she first saw her after
  639. 30:36Deborah's release in September of
  640. 30:392013 not withstanding ongoing chemo
  641. 30:42treatments she said wild horses are not
  642. 30:45going to stop me from seeing my
  643. 30:47daughter and one year ago for Deborah's
  644. 30:5050th
  645. 30:51birthday and thanks to judge marz's very
  646. 30:55wise and correct decision to releas
  647. 30:58Deborah on
  648. 30:59Bale she was able to have those two
  649. 31:01visits with her mother in person where
  650. 31:04they could touch and hug each other for
  651. 31:06the first time in 24 years imagine
  652. 31:13imagine and Deborah was able to Skype
  653. 31:15with her mother nearly every day during
  654. 31:18her release I was so thankful for
  655. 31:22that and now thanks to our Arizona
  656. 31:24pellet courts the attempt to retry
  657. 31:27Deborah has finally been brought to a
  658. 31:30halt to say that we are thrilled and
  659. 31:32relieved is indeed an
  660. 31:35understatement and to stand at the end
  661. 31:38of this long journey with Deborah with
  662. 31:40my co-counsel Mike kimmerer with our
  663. 31:43am's Council the ACLU Dan pakota Larry
  664. 31:47Hammond Rudy
  665. 31:50Gerber the center on wrongful
  666. 31:52convictions Steve drizen and Laura NY
  667. 31:56Ridder and the Arizona attorneys for
  668. 31:58criminal justice David Eisner and Kathy
  669. 32:01Brody this is a privileged sacred moment
  670. 32:05that I will never
  671. 32:07forget finally in addition to absorbing
  672. 32:11every inch of Deborah's file and
  673. 32:13learning this case inside and
  674. 32:17out and you know getting to know Deborah
  675. 32:21over the last 15 years as a client and
  676. 32:24as a woman on death row
  677. 32:28I've also gotten to know Deborah as a
  678. 32:29fellow
  679. 32:33mother the lawyer and me after reviewing
  680. 32:36the evidence knows
  681. 32:38intellectually that Deborah is an
  682. 32:40innocent woman but after getting to know
  683. 32:42Deborah as a fellow mother I know in my
  684. 32:45heart and soul that that is the
  685. 32:47case when Deborah was released from
  686. 32:50prison her first request of me was
  687. 32:53whether she could meet my child who was
  688. 32:55then 4 years old just like christop
  689. 32:57choper was when his life was taken away
  690. 33:00from him and from his
  691. 33:03mother and I took Deborah's hands and I
  692. 33:05told her I would be honored for her to
  693. 33:07meet my child and the two of them have
  694. 33:10developed a wonderful relationship she
  695. 33:13doesn't just call her Deborah she calls
  696. 33:15her Deborah
  697. 33:16[Laughter]
  698. 33:19milky and every time I see deborra with
  699. 33:22my daughter I know in my heart and soul
  700. 33:25that she is not capable and she has
  701. 33:28never been capable of the horrific crime
  702. 33:31that she was accused of committing
  703. 33:33against her own child and now I'd like
  704. 33:36to introduce our client and my very dear
  705. 33:39friend and fellow mother Deborah
  706. 33:43[Applause]
  707. 33:51milky this one in
  708. 33:54[Music]
  709. 33:56here okay
  710. 33:59right
  711. 34:01here okay this is in face all
  712. 34:07right I just want to start off by saying
  713. 34:11can you hear me I I had
  714. 34:15absolutely nothing to do with the brutal
  715. 34:19murder of my son
  716. 34:21Christopher and I did not give a
  717. 34:24confession to Mr Sate
  718. 34:28I always believed this day would come I
  719. 34:32just didn't think it would have to take
  720. 34:3525 years 3 months and 14 days to
  721. 34:41rectify such a blatant miscarriage of
  722. 34:47Justice losing a child to murder is a
  723. 34:51devastating
  724. 34:52tragedy with an in
  725. 34:55Indescribable pain that no parent should
  726. 34:59ever have to
  727. 35:02feel it is the purest form of
  728. 35:06Anguish imaginable that Sears the
  729. 35:10soul and the hurt never goes away
  730. 35:15ever the only thing equally worse is to
  731. 35:19be falsely accused of participating in
  732. 35:23your own child's
  733. 35:25death someone in this room room May
  734. 35:29identify
  735. 35:30with the pain of the loss of a
  736. 35:34child but I'm quite
  737. 35:37sure you don't know what it feels like
  738. 35:41to be accused by the authorities of
  739. 35:44contributing to
  740. 35:46it my little son
  741. 35:49Christopher meant everything to
  742. 35:52me and I love him with all my
  743. 35:55heart I miss him terribly and I think of
  744. 35:58him every single
  745. 36:01day he was such a
  746. 36:03sweet and affectionate
  747. 36:06child he loved to be silly and make
  748. 36:09others
  749. 36:12laugh often I hear his cute little laugh
  750. 36:16in my mind that instantly brings a smile
  751. 36:21to me as I remember the many hugs and
  752. 36:26kisses his
  753. 36:28I love you mommy Whispers in my
  754. 36:31ear and the darling smile he
  755. 36:35had that sometimes made it hard for me
  756. 36:38to say no to
  757. 36:40him he had many Curiosities but one of
  758. 36:44his most favorite things to
  759. 36:46do was to Pedal his big
  760. 36:50wheel as fast as he could put on the
  761. 36:53brakes and spin
  762. 36:54out he went through two big wheels
  763. 36:58until the motorized little cars caught
  764. 37:00his attention and yes he had one of
  765. 37:03those but thankfully he couldn't spin
  766. 37:05out with
  767. 37:06it he'd get the biggest kick out
  768. 37:10of popping the bubble I'd blow with
  769. 37:13bubble gum the bigger the bubble the
  770. 37:16more fun it was for him watching it
  771. 37:19deflate on my face caused the giggles
  772. 37:23followed
  773. 37:24by blow another one Mommy
  774. 37:30I have countless memories precious
  775. 37:32memories of Christopher that are etched
  776. 37:34in my
  777. 37:35mind my heart and
  778. 37:39mind no one can ever desecrate them and
  779. 37:42no one can ever take them away from
  780. 37:45me his death is a
  781. 37:48tragedy of unspeakable magnitude to me
  782. 37:52my family and those who loved
  783. 37:54him he is sorely missed but never
  784. 37:58forgotten as he will forever Remain the
  785. 38:02greatest joy and blessing in my
  786. 38:05life I live with
  787. 38:14a I live with an abiding sense of
  788. 38:18loss and a chunk of my heart is
  789. 38:22gone but Christopher's spirit is with me
  790. 38:26always
  791. 38:28which is a
  792. 38:30comfort to the remaining pieces of My
  793. 38:33Broken
  794. 38:38Heart being falsely accused of a crime
  795. 38:41you didn't commit is also a devastating
  796. 38:45tragedy try to imagine
  797. 38:48that as some of you sit in Judgment of
  798. 38:52me the prosecution against me was one of
  799. 38:56a malicious
  800. 38:58nature my innocence did not matter in
  801. 39:01their
  802. 39:02pursuit of a
  803. 39:04conviction honoring Christopher's memory
  804. 39:08did not matter in their pursuit of
  805. 39:11Justice we as US citizens living under
  806. 39:15the same Constitution deserve
  807. 39:20justice law enforcement officials are
  808. 39:24human and a badge or a law degree does
  809. 39:27not make them
  810. 39:29moral some of them are corrupt but many
  811. 39:33are
  812. 39:34not seeking a
  813. 39:37conviction at any cost is
  814. 39:40unconscionable and is not what defines
  815. 39:43Justice the chief judge of the ninth
  816. 39:46Circuit Court perfectly stated that
  817. 39:49quote bad cops and those who tolerate
  818. 39:54them put all of us in an untenable
  819. 39:57position position
  820. 39:59unquote Injustice does not
  821. 40:02discriminate what happened to me can
  822. 40:04happen to anyone as it has already
  823. 40:08hundreds of times over thus far across
  824. 40:12the
  825. 40:13country this could happen to any one of
  826. 40:16you and if you don't believe it could
  827. 40:20happen you're either
  828. 40:23misinformed or in a deep state of denial
  829. 40:28my legal fight pales in comparison to
  830. 40:32the immense pain in my heart and soul
  831. 40:35over the cruel death of
  832. 40:38Christopher but the unfortunate
  833. 40:41unfortunate encounter with Mr Sate who
  834. 40:45has a long history of lying fabricating
  835. 40:48evidence and violating people's
  836. 40:51rights left an indelible
  837. 40:54impression so traumatizing
  838. 40:58that I can still hear his life
  839. 41:00shattering
  840. 41:02words in
  841. 41:04closing I am profoundly grateful to my
  842. 41:08awesome lawyers Michael kimmerer and
  843. 41:10Lori
  844. 41:12Vel who lived and breathed my case for
  845. 41:15over a
  846. 41:17decade working tirelessly to redress
  847. 41:20this
  848. 41:21Injustice I extend my deepest thanks to
  849. 41:25the numerous lawyers who helped to
  850. 41:28restore honor and justice for my son
  851. 41:32Chris I give my heartfelt thanks to
  852. 41:35Frankie for his years of Relentless
  853. 41:38research and for being the voice for
  854. 41:42Chris and
  855. 41:43me to Pat and
  856. 41:46paty thank you for believing in
  857. 41:50me and for your unconditional love and
  858. 41:56support to my dear
  859. 41:58Mother for sacrificing so very much and
  860. 42:03walking with me down this pain-filled
  861. 42:08road to
  862. 42:10Paul for being an advocate of mine for
  863. 42:13many
  864. 42:15years and to the thousands of people out
  865. 42:19there for their belief in
  866. 42:22me kind sentiments and moral sense of
  867. 42:26justce Justice my
  868. 42:29heart is truly filled with enormous
  869. 42:32gratitude thank
  870. 42:35[Applause]
  871. 42:46you thank you Deborah uh before we
  872. 42:50entertain a a few questions there are a
  873. 42:54couple other people I would like to to
  874. 42:56introduce you to um we're very pleased
  875. 43:00to have with us today Professor Laura N
  876. 43:05riter uh who has come from Northwestern
  877. 43:10University School of Law uh in Chicago
  878. 43:15today to rejoin us she has been with us
  879. 43:20for quite some time and the center for
  880. 43:23wrongful convictions and the center for
  881. 43:25wrongful convictions of Youth has been
  882. 43:27involved in this case for now well over
  883. 43:31a decade some of you may remember two
  884. 43:35years ago an oped piece that appeared in
  885. 43:39the Arizona Republic written by
  886. 43:43Professor n Ryder about one of the
  887. 43:47critical issues in this case uh the
  888. 43:52question of the obligation of law
  889. 43:54enforcement to record
  890. 43:57interrogations the very thing that
  891. 44:00allowed this farce to continue for
  892. 44:04decades U we're very pleased that that
  893. 44:08Laura could join us and we would like to
  894. 44:11have you share with us some of your
  895. 44:14thoughts thank you very much um as Larry
  896. 44:18said I'm Laura n rider I'm a law
  897. 44:20professor and a lawyer in Chicago at
  898. 44:23Northwestern University School of Law at
  899. 44:26the center on wrongful convictions our
  900. 44:29Center has been involved in Deborah's
  901. 44:31case as Amicus cure basically Friend of
  902. 44:34the Court an organization with expertise
  903. 44:37on wrongful convictions and I first got
  904. 44:40involved in Deborah's case when I was a
  905. 44:43law student at Northwestern almost 10
  906. 44:46years ago her case was my introduction
  907. 44:49to the criminal justice system and from
  908. 44:52that moment on I knew that I had to
  909. 44:55study and pursue wrong wrongful
  910. 44:57convictions because this story was too
  911. 45:00horrible for
  912. 45:01words not only have I gone on to study
  913. 45:04wrongful convictions but our Center has
  914. 45:06also gone on to found a women's Project
  915. 45:08based on cases just like Deborah's
  916. 45:11involving women and mothers who' have
  917. 45:13been accused unjustly of the most
  918. 45:14horrible crimes but I'm here today
  919. 45:17because Deborah's case can teach us all
  920. 45:20crucial lessons about how to seek
  921. 45:24Justice right thanks to groups like The
  922. 45:27Innocence Project and the Arizona
  923. 45:28Justice project and our Center wrongful
  924. 45:31convictions are being uncovered
  925. 45:33everywhere if there's one thing we know
  926. 45:37is that no state in the country no
  927. 45:40jurisdiction and no prosecutor's office
  928. 45:43is immune from the problem of wrongful
  929. 45:47convictions but there are some places
  930. 45:50that are more ripe for wrongful
  931. 45:52convictions than others those are the
  932. 45:56places where the government has yet to
  933. 45:58take one of the most basic steps needed
  934. 46:02to make sure that the guilty go to
  935. 46:04prison and the innocent stay free I'm
  936. 46:07talking about the need to electronically
  937. 46:10record
  938. 46:12interrogations as we've heard Deborah
  939. 46:15milky's conviction and death sentence
  940. 46:17were based on nothing but the word of
  941. 46:20detective Armando
  942. 46:22salate detective salate took Deborah
  943. 46:25into an office by him himself he closed
  944. 46:28the door and he interrogated her about
  945. 46:31her son's death he came out of that room
  946. 46:34claiming that Deborah had confessed to
  947. 46:37having her son
  948. 46:38killed she came out of that room saying
  949. 46:41what are you talking about I never
  950. 46:44confessed that dispute about what
  951. 46:47happened behind that closed door has
  952. 46:50lasted 25
  953. 46:52years that's what this case has always
  954. 46:56been about
  955. 46:57but there could have been an easy answer
  956. 47:00a simple video recording of Deborah's
  957. 47:03interrogation from start to finish would
  958. 47:06have told us what happened behind that
  959. 47:08closed door and detective Sate knew this
  960. 47:12in fact he was ordered to record his
  961. 47:15interrogation of Deborah by his
  962. 47:16supervisor and he chose to disobey that
  963. 47:19order if we could just hit the play
  964. 47:21button the courts would be able to
  965. 47:24decide would have been able to decide
  966. 47:26whether Deborah was innocent the
  967. 47:29prosecutor would have helped become to
  968. 47:31have confidence that he wasn't
  969. 47:33Prosecuting an innocent woman and
  970. 47:35Deborah could have avoided 23 years
  971. 47:38spent in the hell hole of death row
  972. 47:41before the court saw fit to end her
  973. 47:43ordeal now 21 other states plus DC
  974. 47:48already record interrogations this
  975. 47:50ranges from New Mexico to Ohio to North
  976. 47:53Carolina it is time for Arizona to join
  977. 47:56their ranks although many police
  978. 47:59agencies in Arizona do record some of
  979. 48:01their interrogations they're not
  980. 48:02required to it is time to require all
  981. 48:06police in Arizona to electronically
  982. 48:07record interrogations from start to
  983. 48:11finish it is the only way to prevent
  984. 48:14another Deborah milky case and it is the
  985. 48:17only way to prevent a second coming of
  986. 48:20detective Armando
  987. 48:23salate now as I said I practice law in
  988. 48:26Chicago which is the home of more
  989. 48:28documented false confessions than any
  990. 48:30other jurisdiction in the United
  991. 48:32States in 2003 after years of opposition
  992. 48:35from police and prosecutors the problem
  993. 48:38of false confessions LED our legislature
  994. 48:41to enact a law requiring police to
  995. 48:43electronically record all interrogations
  996. 48:45in homicide
  997. 48:47cases 10 years later police and
  998. 48:50prosecutors were so pleased with
  999. 48:52electronic recording because it made
  1000. 48:54their cases stronger it helped them
  1001. 48:57fight off frivolous claims of abuse and
  1002. 49:01it built trust between the police and
  1003. 49:03the
  1004. 49:04community that they supported an
  1005. 49:07expansion of the law so that all serious
  1006. 49:09felonies would be electronically
  1007. 49:11recorded during interrogation if we can
  1008. 49:14get those kind of laws passed in
  1009. 49:15Illinois you can do it here in
  1010. 49:18Arizona let me close by saying you know
  1011. 49:21if we're really angry that Justice took
  1012. 49:24so long in this case if we really want
  1013. 49:27to take action to make sure that next
  1014. 49:29time Justice gets served I have the
  1015. 49:32perfect
  1016. 49:33solution ask your legislature to require
  1017. 49:36police to get out the camera get out the
  1018. 49:39smartphone and record those
  1019. 49:41interrogations from start to finish that
  1020. 49:44way next time we will not have to wait
  1021. 49:4625 years for an answer
  1022. 49:52[Applause]
  1023. 49:57of the manle of responsibility for doing
  1024. 50:03the things that that Laura and all of us
  1025. 50:07have advocated here will fall in large
  1026. 50:10measure to you and it will also fall to
  1027. 50:14organizations like the
  1028. 50:16ACLU and the Arizona attorneys for
  1029. 50:20criminal uh justice and we have leaders
  1030. 50:24of both of those organizations here with
  1031. 50:26us today and I I would appreciate it if
  1032. 50:30before we go to
  1033. 50:33questioning we hear from you
  1034. 50:43briefly
  1035. 50:49I'm I have been personally honored to be
  1036. 50:52a small part of this parous critically
  1037. 50:55important effort to work with these
  1038. 50:57Brant attorneys
  1039. 50:59andage number of years back Wasing a
  1040. 51:03break and some schools I was forced to
  1041. 51:06write that confession issue and thetical
  1042. 51:09importance of docen something that would
  1043. 51:12seem pretty reasonable that there be a
  1044. 51:15record and not allow
  1045. 51:17someone not my P and but I know what she
  1046. 51:21said it has been an honor it's a day
  1047. 51:24that wor celebrating obvious should
  1048. 51:27focus on that
  1049. 51:29indication work that has been done I
  1050. 51:32only with this that despite the price
  1051. 51:35that has been taken the rav lives and
  1052. 51:37soth uh that at some point in the future
  1053. 51:40folks also focus on in the media the the
  1054. 51:45absence of any price paid by the
  1055. 51:47prosecutors involved and the importance
  1056. 51:53of here and elsewhere thank you very
  1057. 51:58[Applause]
  1058. 52:01this is Kathy Brody my partner at Osborn
  1059. 52:04madon and more importantly for today's
  1060. 52:06purpose the the president of Arizona
  1061. 52:09attorneys for criminal justice and
  1062. 52:12organization of defense lawyers in this
  1063. 52:14state that has been existence since
  1064. 52:171983 thank you thank you Larry and
  1065. 52:20Deborah uh Lori and Mike thank you for
  1066. 52:22including Arizona attorneys for criminal
  1067. 52:24justice in this very important day
  1068. 52:27AJ shares your relief that Deborah
  1069. 52:30milky's unjust prosecution has finally
  1070. 52:33come to an end we also applaud the
  1071. 52:35dedicated work of your legal team and
  1072. 52:38the courageous decision of the Arizona
  1073. 52:40court of appeals that found egregious
  1074. 52:42prosecutorial misconduct in this case
  1075. 52:45and disallowed her retrial and the
  1076. 52:47decision last week of the Arizona
  1077. 52:49Supreme Court to let that court of
  1078. 52:50appeals decision stand we are proud that
  1079. 52:53AJ was able to support you and stand by
  1080. 52:56you as you were forced through this
  1081. 52:58horrible Odyssey and we were thrilled to
  1082. 53:00be able to honor your legal team in
  1083. 53:02January with aac's appella Achievement
  1084. 53:06Award as the Arizona State affiliate of
  1085. 53:08the National Association of criminal
  1086. 53:10defense lawyers and the only Statewide
  1087. 53:12organization of public and private
  1088. 53:14criminal defense attorneys part of AJ's
  1089. 53:18mission is to assist criminal defendants
  1090. 53:20and their lawyers as they fight for
  1091. 53:21justice in the courts we did that in
  1092. 53:23Deborah milky's case but it is is also
  1093. 53:27part of AJ's mission to work on
  1094. 53:29improving the criminal justice system as
  1095. 53:31a whole so that the things that went
  1096. 53:33wrong in Deborah mil's case will not
  1097. 53:35happen
  1098. 53:37again I hope that we and all those
  1099. 53:40involved in Deborah milky's case can
  1100. 53:42work together and use her case as a
  1101. 53:45lesson and a catalyst for change in two
  1102. 53:47areas mandating that police agencies
  1103. 53:50record their
  1104. 53:52interrogations and supporting
  1105. 53:54prosecutors in complying with their
  1106. 53:56obligation a s to disclose exculpatory
  1107. 53:58information before trial and even after
  1108. 54:01a criminal
  1109. 54:03conviction all of us who are actors in
  1110. 54:05the criminal justice system defense
  1111. 54:07lawyers prosecutors and police officers
  1112. 54:10should believe in keeping innocent
  1113. 54:12people out of prison in Prosecuting and
  1114. 54:15punishing Those who commit crimes and in
  1115. 54:18doing so fairly and justly and in line
  1116. 54:21with constitutional guarantees and
  1117. 54:23protections one lesson from this case as
  1118. 54:26Laura spoke about is that we should work
  1119. 54:29together on mandating electronic
  1120. 54:31recording of police interrogation
  1121. 54:33Statewide in Arizona that is the
  1122. 54:35direction that law enforcement is going
  1123. 54:37to ensure Justice and Arizona shouldn't
  1124. 54:39wait much longer to join this growing
  1125. 54:41Trend over 20 States um by law or Court
  1126. 54:45Action Now require electronic recording
  1127. 54:47of interrogations and I believe the
  1128. 54:50number is more than a thousand
  1129. 54:51additional police agencies voluntarily
  1130. 54:53record um their interrogations including
  1131. 54:55a number in
  1132. 54:56Iona so today I would invite the
  1133. 54:59prosecutorial and law enforcement
  1134. 55:01agencies in Arizona to join AJ in asking
  1135. 55:05the Arizona legislature to mandate
  1136. 55:07electronic recording of police
  1137. 55:09interrogations throughout the state with
  1138. 55:12this one step we could better preserve
  1139. 55:14important evidence in criminal
  1140. 55:16investigations and at the same time
  1141. 55:18reduce false confessions and wrongful
  1142. 55:22convictions the second lesson from this
  1143. 55:24case is that we have to give prosecutors
  1144. 55:27the tools and the support they need to
  1145. 55:29comply with their legal and ethical
  1146. 55:31obligations to disclose information
  1147. 55:33favorable to the defense prosecutors
  1148. 55:36have constitutional and ethical
  1149. 55:38obligations to give exculpatory
  1150. 55:40information to the defense throughout
  1151. 55:42the life of a case even after conviction
  1152. 55:45and this includes information about bad
  1153. 55:48cops they also have an obligation to
  1154. 55:50look for and learn about B bad cop
  1155. 55:53information that's relevant to the case
  1156. 55:55and apparently not all prosecutors know
  1157. 55:57about this particular
  1158. 56:00obligation many prosecutors offices
  1159. 56:02across the country employ what is called
  1160. 56:05open file Discovery a policy which is
  1161. 56:08endorsed by the American Bar Association
  1162. 56:11that promotes full and open disclosure
  1163. 56:14of information to the defense before
  1164. 56:16trial I want to ask today can we start
  1165. 56:20discussions in Arizona about open file
  1166. 56:22policies in prosecutor offices can we
  1167. 56:26work together to make sure prosecutors
  1168. 56:28can easily access information about bad
  1169. 56:31cops and pass that information along to
  1170. 56:33the defense I hope all of us who work in
  1171. 56:36the criminal justice system can engage
  1172. 56:39in these productive discussions toward
  1173. 56:41what I know is our shared goal of
  1174. 56:43providing justice for all who encounter
  1175. 56:45our courts in Arizona thank you thank
  1176. 56:48you thank
  1177. 56:51you thank you
  1178. 56:54K we will and entertain a few questions
  1179. 56:58now let me say first though that that uh
  1180. 57:02we we are not going to be addressing any
  1181. 57:06questions uh today that deal with with
  1182. 57:10Deborah milky's civil suit as you may
  1183. 57:14know a civil suit has been filed uh
  1184. 57:18these lawyers are not responsible for
  1185. 57:21that case and we are not going to
  1186. 57:24address that uh and in particular Lori
  1187. 57:28vel's firm Joan Skelton and hoaky which
  1188. 57:31has committed so much time and energy uh
  1189. 57:35to this case and and to the work with
  1190. 57:38Deborah will not be involved uh in that
  1191. 57:41case in any in any way um as you're
  1192. 57:45asking questions I will try to repeat
  1193. 57:48them so that you all will have a good
  1194. 57:51record uh unless you ask the question in
  1195. 57:54German and I know that some of you do
  1196. 57:56speak uh there isn't anyone in this room
  1197. 57:59whose German is any worse than mine so
  1198. 58:02uh but but I may have a difficult time
  1199. 58:06uh with with some of the questions but
  1200. 58:09with that we'd be happy to entertain a
  1201. 58:12few
  1202. 58:14Steve
  1203. 58:22would so the question is if if if Amando
  1204. 58:27saate was here today what would you say
  1205. 58:31to
  1206. 58:34him
  1207. 58:39well I told you 26 years
  1208. 58:43ago I had nothing to do with
  1209. 58:46this I had nothing to do with
  1210. 58:52this thank for addressing us today
  1211. 58:56come to a conclusion as why
  1212. 59:02believe so the a question is is have
  1213. 59:06have you come to a conclusion today as
  1214. 59:09to why your son was murdered I don't
  1215. 59:12know that that's a a question you would
  1216. 59:15want to answer but I I'll leave it to
  1217. 59:17you and and Mike and Lori
  1218. 59:20to
  1219. 59:24well I have not come to a
  1220. 59:27conclusion
  1221. 59:29because we don't know what happened
  1222. 59:32because there was not a proper
  1223. 59:34investigation nobody the police the
  1224. 59:40prosecution didn't bother to check to
  1225. 59:43investigate it so there is I don't have
  1226. 59:47a I don't
  1227. 59:48know the right men are
  1228. 59:54behinds I think the follow-up question
  1229. 59:57was do you believe that the right to men
  1230. 1:00:00are behind bars and is that a question
  1231. 1:00:03you would want to answer
  1232. 1:00:18today okay take that question
  1233. 1:00:34Denver's asked me to address that
  1234. 1:00:35question because it's it's fairly it's
  1235. 1:00:38very complicated a lot of things because
  1236. 1:00:40she has mixed feelings about there but
  1237. 1:00:43definitely definitely somebody should be
  1238. 1:00:46on death row of the two men that were
  1239. 1:00:49there one or both and they should be
  1240. 1:00:53there and they should be punished for
  1241. 1:00:55such a horrific
  1242. 1:01:07crime and based on
  1243. 1:01:20what well
  1244. 1:01:26derra let me okay see if I can reframe
  1245. 1:01:30it I I think the the general nature of
  1246. 1:01:32the the question is what do you have to
  1247. 1:01:35say about what the prosecution thought
  1248. 1:01:38was evidence that that might
  1249. 1:01:40corroborate your guilt um and I and
  1250. 1:01:44again I I'll leave it to you uh you're
  1251. 1:01:46under no obligation here to to do
  1252. 1:01:49anything other that then speak from your
  1253. 1:01:50heart about things you care about so I
  1254. 1:01:54the answer to that and this is in the
  1255. 1:01:57briefs
  1256. 1:01:59everywhere Christopher was murdered on a
  1257. 1:02:02Saturday morning or on
  1258. 1:02:05Saturday Friday night the night before I
  1259. 1:02:08did
  1260. 1:02:09laundry I was only aware of one gun that
  1261. 1:02:13Jim had or
  1262. 1:02:15owned and when I was sorting through all
  1263. 1:02:18of the
  1264. 1:02:19laundry I always dig through the pockets
  1265. 1:02:22make sure the pockets are empty I found
  1266. 1:02:25a box
  1267. 1:02:28unop they were sealed of these
  1268. 1:02:33bullets and instead of getting up and
  1269. 1:02:35putting them where they
  1270. 1:02:37belong I just shoved them in my purse
  1271. 1:02:39which was right next to me on the
  1272. 1:02:42couch put them away
  1273. 1:02:44later I continued to sort out laundry I
  1274. 1:02:48did the laundry that night and then the
  1275. 1:02:51next day all of this happened clearly I
  1276. 1:02:55forgot that they were in my purse that's
  1277. 1:02:58the
  1278. 1:03:00answer if I
  1279. 1:03:02maybe there's a a lady back here who has
  1280. 1:03:05if I first Larry can I just mention
  1281. 1:03:07something too you know I always tell
  1282. 1:03:10people do you really think that you
  1283. 1:03:11would bring a purse knowingly with
  1284. 1:03:14bullets that supposedly connect you to
  1285. 1:03:17the crime to the police station where
  1286. 1:03:20you don't even know you're going to be
  1287. 1:03:21arrested in interrogation you you would
  1288. 1:03:23bring that there I mean ser seriously
  1289. 1:03:26she was doing her laundry and they were
  1290. 1:03:29in Jim's jean pocket yes thank you
  1291. 1:03:57I I'm not sure I heard all of that
  1292. 1:03:59question but I but I think
  1293. 1:04:05the
  1294. 1:04:07yeah what are your feelings having
  1295. 1:04:10having it's not happiness this is very
  1296. 1:04:14this is relief yes but this is
  1297. 1:04:18Bittersweet there's it's not
  1298. 1:04:22happiness
  1299. 1:04:24um
  1300. 1:04:26Revenge I've never had a vengeful heart
  1301. 1:04:29and I still
  1302. 1:04:31don't so
  1303. 1:04:36no
  1304. 1:04:43do how do you respond to to your your
  1305. 1:04:46ex-husband or to the state that that
  1306. 1:04:48claims that that you still are guilty of
  1307. 1:04:53murder I really don't want to say I just
  1308. 1:04:57don't want to even go there um
  1309. 1:05:02I the obvious speaks for
  1310. 1:05:05itself
  1311. 1:05:07so yes I I don't have any response to
  1312. 1:05:11him yes Deborah you gave me an exclusive
  1313. 1:05:14interview on probably the darkest day of
  1314. 1:05:17your your life at least the way I saw it
  1315. 1:05:19was the day before you were sentenced to
  1316. 1:05:21death by Cheryl Hendrick's death in the
  1317. 1:05:23gas chamber
  1318. 1:05:25interview you talked to me for an hour
  1319. 1:05:28and a half you gave me every answer that
  1320. 1:05:30I asked the question for it was
  1321. 1:05:33logical uh you were respectful there was
  1322. 1:05:36an interesting interview the most
  1323. 1:05:38interesting telling part was when you
  1324. 1:05:40told me that you're going to have
  1325. 1:05:43appeals and you have faith in the system
  1326. 1:05:46that this would resolve favorably at
  1327. 1:05:50some point did you hang on to this the
  1328. 1:05:54entire 25 years tell me how this
  1329. 1:05:58really your faith in this system how it
  1330. 1:06:02maintained and how you maintain your
  1331. 1:06:04sanity it wasn't so much faith in the
  1332. 1:06:08system as a
  1333. 1:06:11whole uh I just I well back then I was
  1334. 1:06:15only 25 26 years old and naive about all
  1335. 1:06:19of this stuff but uh I I just figured
  1336. 1:06:23well somebody will see this and it'll be
  1337. 1:06:27corrected they'll see that this is all
  1338. 1:06:29wrong and it'll be
  1339. 1:06:31corrected um and
  1340. 1:06:34then as the years went on I learned how
  1341. 1:06:38politicized the system is and
  1342. 1:06:42then
  1343. 1:06:43I came to the realization that not all
  1344. 1:06:48judges not all not everybody has a
  1345. 1:06:51political
  1346. 1:06:52motive and so I just held without hope
  1347. 1:06:56that some judge would would see it it
  1348. 1:07:01you know and they wouldn't
  1349. 1:07:03um what am I trying to say they're
  1350. 1:07:07uh they would do the right
  1351. 1:07:19thing I think the ab
  1352. 1:07:22ofing these two men would
  1353. 1:07:36is there something you get the community
  1354. 1:07:39that would explain I know your job was
  1355. 1:07:41to defend not but I think in the of
  1356. 1:07:45explan why these guys did this people
  1357. 1:07:49just can't get on why why would they go
  1358. 1:07:52out and ex Young
  1359. 1:07:56you have to have a
  1360. 1:07:59sense that's an an excellent question
  1361. 1:08:02it's one of the questions that Lori and
  1362. 1:08:04I and Deborah we have been asking that
  1363. 1:08:07question throughout the 15 years what
  1364. 1:08:09really happened out there on that day
  1365. 1:08:12who is really
  1366. 1:08:14responsible why would this happen why
  1367. 1:08:16would they want to kill this boy there's
  1368. 1:08:18all kinds of and you and I have
  1369. 1:08:19discussed it there are all kinds of
  1370. 1:08:21different theories and Concepts some
  1371. 1:08:23people think that it was Style
  1372. 1:08:26that did it and that he did it because
  1373. 1:08:29he wanted to get rid of Christopher
  1374. 1:08:31because he had a romantic interest in
  1375. 1:08:33Debra even that we know that was never
  1376. 1:08:35reciprocated they had no romantic
  1377. 1:08:38interest but that he wanted one we now
  1378. 1:08:40know that styes had a really very bad
  1379. 1:08:43background in sense of uh post-traumatic
  1380. 1:08:46stress syndrome out of Vietnam he was
  1381. 1:08:48disabled he had been involved in killing
  1382. 1:08:51children in villages and things of that
  1383. 1:08:52nature that all came out in his appeal
  1384. 1:08:55process did something happen out there
  1385. 1:08:58uh one of the things Deborah never
  1386. 1:09:01wanted Christopher to be around is guns
  1387. 1:09:03that was a real big issue that's how
  1388. 1:09:06come she when she saw the bullets she
  1389. 1:09:07had to get rid of them and made sure
  1390. 1:09:10that Christoph wasn't around that and
  1391. 1:09:11had chastised styes for that she was
  1392. 1:09:13getting ready to move out had found her
  1393. 1:09:15own apartment and was ready to go with
  1394. 1:09:18Christopher and live was that something
  1395. 1:09:20that maybe precipitated something in sty
  1396. 1:09:22she's going to leave here and be gone
  1397. 1:09:25and therefore you know if Christopher is
  1398. 1:09:27gone maybe she'll stay maybe that's some
  1399. 1:09:29kind of irrational thinking or was it
  1400. 1:09:32Scott Scott is also basically a mental
  1401. 1:09:36[ __ ] in many many ways uh he probably
  1402. 1:09:39only friend he had was Styers Deborah
  1403. 1:09:42did not want Scott around she told styes
  1404. 1:09:45that she did not want Scott there as a
  1405. 1:09:47matter of fact on the day that they took
  1406. 1:09:51Christopher or stus did when he said he
  1407. 1:09:53was going to take him the store he then
  1408. 1:09:54went and met Scott so scottt could go
  1409. 1:09:56along and why that happened you know
  1410. 1:09:59what was that all about uh and would if
  1411. 1:10:03Scott was he so upset of the
  1412. 1:10:06relationship that Styers had with
  1413. 1:10:09Christopher and with de that he felt
  1414. 1:10:12that if he needed to get rid of the
  1415. 1:10:14child you know I've gone back and forth
  1416. 1:10:17all over the
  1417. 1:10:18questions a lot of people say it was
  1418. 1:10:20Styers and I kind of lean more that it
  1419. 1:10:23might have been Scott was the one one
  1420. 1:10:25that did it just know it was a brutal
  1421. 1:10:28horrible killing of a four-year-old boy
  1422. 1:10:30honestly don't have an idea I really
  1423. 1:10:32don't and I wish I did no but you know
  1424. 1:10:35but you see the different facts the ones
  1425. 1:10:38I'm talking about and the different
  1426. 1:10:39people you know something along those
  1427. 1:10:42lines is what triggered it I've also
  1428. 1:10:45thought it could have been an accident
  1429. 1:10:47they tried to cover it up and then by
  1430. 1:10:49covering it up it ended up putting them
  1431. 1:10:51in a situation where it was homicide but
  1432. 1:10:53three bullet holes in the back of the
  1433. 1:10:55head doesn't make it an accident it was
  1434. 1:10:57deliberately
  1435. 1:11:04done what did I say what
  1436. 1:11:16I you are one of the most despicable
  1437. 1:11:19characters that I have ever
  1438. 1:11:22met you have not only destroyed a life
  1439. 1:11:28you've destroyed many lives and what's
  1440. 1:11:30worse is you've tarnished a system you
  1441. 1:11:33have made we look like we have an unjust
  1442. 1:11:36system and I'm proud of our system of
  1443. 1:11:38justice when it works right when there
  1444. 1:11:41are people like you and it with that
  1445. 1:11:42kind of power and it's abused is
  1446. 1:11:46Despicable that's what I'd
  1447. 1:11:50say I actually think we're we're just
  1448. 1:11:52about out of time we have time for Poli
  1449. 1:11:55one or two more questions here let me
  1450. 1:11:57just ask somebody who hasn't had a
  1451. 1:11:59chance to ask a question
  1452. 1:12:04yet where do you see the next steps
  1453. 1:12:09being where where do you want to go from
  1454. 1:12:12here
  1455. 1:12:17actually like I said
  1456. 1:12:20earlier there's I don't feel happiness I
  1457. 1:12:24just it's a relief
  1458. 1:12:27yes
  1459. 1:12:29the the victory is
  1460. 1:12:34Bittersweet I my son's gone my mother's
  1461. 1:12:38gone
  1462. 1:12:39and so I just asked a question now what
  1463. 1:12:42so I really don't
  1464. 1:12:44know I don't know all I can do is take
  1465. 1:12:47one day at a
  1466. 1:12:52time a a mic and
  1467. 1:12:55laori and Deborah do you have any
  1468. 1:12:57closing uh thoughts you want to share
  1469. 1:13:01before we bring this to an end I I would
  1470. 1:13:04like to say something okay I
  1471. 1:13:07please the the lawyers were talking
  1472. 1:13:09about this seriousness of recording and
  1473. 1:13:12you know and then getting a
  1474. 1:13:15bill it I didn't have a criminal record
  1475. 1:13:18at all I'd never been in trouble with
  1476. 1:13:20the police ever
  1477. 1:13:27I didn't break the
  1478. 1:13:29law I never thought in a million years I
  1479. 1:13:32would see the inside of a jail but I
  1480. 1:13:37did it it happened to me and really it
  1481. 1:13:41can happen to any one of you it really
  1482. 1:13:46can so these people with
  1483. 1:13:50power they shouldn't be allowed to abuse
  1484. 1:13:52it
  1485. 1:13:56maybe someday we'll be able to do Tom
  1486. 1:13:59thank you all for coming
  1487. 1:14:28all right everyone that is a wrap on
  1488. 1:14:30that uh fairly lengthy press conference
  1489. 1:14:32we were watching for an hour and 15
  1490. 1:14:35minutes as Deborah milky and her lawyers
  1491. 1:14:38spoke to the media for the first time
  1492. 1:14:40really publicly addressing the media
  1493. 1:14:42since uh Deborah milky got off death row
  1494. 1:14:45had her uh conviction overturned uh if
  1495. 1:14:48we had any more information or updates
  1496. 1:14:50we will bring that to you live here on
  1497. 1:14:52news now as I promised earlier we will
  1498. 1:14:54be bringing you uh that conversation
  1499. 1:14:56that uh press conference between the
  1500. 1:14:59president of the United States Barack
  1501. 1:15:00Obama and the president of Afghanistan
  1502. 1:15:03that event was going on simultaneously
  1503. 1:15:05as this Deborah milky event was going on
  1504. 1:15:07so we made sure to roll on it record it
  1505. 1:15:09so we could play it back for you guys
  1506. 1:15:10and just a second I see some video uh
  1507. 1:15:13I'm going to go back to the Milky event
  1508. 1:15:14because I still see some video rolling
  1509. 1:15:16not sure what's going on here but uh
  1510. 1:15:18let's uh just continue to watch and see
  1511. 1:15:20if anything happens
  1512. 1:15:26great give me 25 seconds we'll be good
  1513. 1:15:28to
  1514. 1:15:36go test

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