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Transcripts for CNN CNN Newsroom With Carol Costello 20141223 15:48:00

Do justice, not about getting convictions but what is just and rite. and when you have a case, a capital murder case, and you re depending upon a detective because the detective is saying she confessed and i ll tell you what she said and in addition to that, forget about the fact she didn t write it down or wasn t recorded, there s no independent eyewitness who was a police officer who was there. when it s your word against the other persons and you have this egregious misconduct on the part of the detective and you don t disclose it to the defense, it s a major what we call brady violation. what does that mean in english? it means if there s information that would tend to support the accused, that would tend to show the accused is innocent it must be turned over. not only, randi, did they not turn over the offenses of this detective that would have gone to his credibility, the very core of this case, but when the defense attorney tried to affirmatively get it through a subpoena, they ....

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Transcripts for CNN CNN Newsroom With Carol Costello 20141223 15:44:00

Believes her. he was working for a local tv station when christopher milky was killed and interviewed debra a couple hours after detective saldate did. did you tell the police you had anything to do with the death of your son. she glared at me, her eyes got big and she said that s crazy, who told you that, i had nothing to do with the death of my son. this is probably my favorite. reporter: but her ex-husband, christopher s father, disagrees. he always has. do you believe your ex-wife killed your son? i know she did. i don t believe it. i mow she did. reporter: so that s where things stood until march of this year as debra milky sat on death row. where they stood until a stunning turn of events. a panel of judges from the ninth circuit court of appeals decided debra milky should get a new trial. in a scathing opinion, federal judge alex kosinski tossed out her conviction, suggesting her confession had been illegally obtained adding it probably ....

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Transcripts for CNN CNN Newsroom With Carol Costello 20141223 15:46:00

Motorist with a faulty taillight go in exchange for sex, then lied to his superiors about it. the judge determined this would likely have cast doubt on detective saldate s credibility and may have influenced the verdict. it s still a fact that she was convicted of the murder of her four-year-old son. on friday, september 6, 23 years after she was sent to death row, debra milky walked out of prison a free woman. for now. she was finally able to hug her mother for the first time in more than 20 years. now 49, milky is preparing for yet another trial, but this time around things may be different. a judge will soon decide if her alleged confession is even admissible in court and detective saldate? he may ask for immunity and not testify. they don t have saldate to testify and if they don t have a confession this case has to be dismissed? which means debra milky may ....

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Transcripts for CNN CNN Newsroom With Carol Costello 20141223 15:49:00

Circuit wrote a blistering takedown of not only the prosecutor but the police, the state judge, a federal judge, he named names. randi, listen to this. no civilized system of justice should have to depend on such flimsy evidence, quite possibly tainted by dishonesty or overzealousness. he actually goes on to say that the police department, the supervisor should be ashamed of themselves. you know what we call that in a legal profession? a bench slap right there from the ninth circuit. we call it a lot more than that but mel s on tv. the fact that detective saldate, refused to take the stand again fear of perjury, that tells you something, right? it does, randi, and when you look at what wasn t turned over. listen to this, 1983, saldate admitted interrogate ago suspect strap add gurney suffering from a skull fracture. 1986, the trial found saldate told a grand jury a victim was ....

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Transcripts for CNN CNN Newsroom With Carol Costello 20141223 15:42:00

Identified two suspects james styres and roger scott. scott cracked and led investigators to the boy s body. why did they do it? the story began to unfold when phoenix police detective armando s saldate said the boy s mother has been involved so he zeroed in on debra milky. he in his mind based upon the little bit of information he had was convinced that this woman did it. reporter: saldate arrested milky, a 25-year-old insurance company clerk and within 20 minutes announce shed confessed to arranging for the men to kill her son. the alleged motive a $5,000 insurance payout. debra milky was charged with first degree murder. the arrest and charged based solely on detective saldate s statements. at milky s murder trial, saldate was the state s star witness. she decided that it would be ....

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