This blog on the Milke case from Maricopa County (Sheriff Arpaio’s neighborhood) adds considerable detail to the opposing forces present when a conviction has been remanded for retrial and/or the defendant’s release. Its the same old story. Here’s a partial list:
1. Potential police misconduct surrounding a decades old confession and a cop’s history of lying and malfeasance.
2. Unlimited resistance from the current prosecutor. The old prosecutor is really pissed off. He’s the one saying Brady shouldn’t be used in criminal court.
3. Defense counsel wanting to remove the county prosecutor from the case.
4. The state’s concern about future litigation about Milke’s possible exoneration.
5. A few Brady violations that set the entire prosecution’s 23 year old conviction of Milke on its head.
6. A load of politics.