Prosecutorial misconduct alleged in half of capital cases (Part 1/4)

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As we all know, we witnessed enough prosecutorial misconduct during Jodi’s trial to sink several ships.

Following on from that, check out part 1 of 4 in Michael Kiefer’s new series, which highlights & fully details countless instances of prosecutorial misconduct in AZ over the past 11 years… where winning is invariably far more important than the truth.

Sound familiar?

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Prosecutorial misconduct alleged in half of capital cases (Part 1/4)
by Michael Kiefer:

[hdplay id=247 width=500 height=300]

“Noel Levy was Arizona Prosecutor of the Year in 1990 when he convinced a jury to convict Debra Milke of first-degree murder for allegedly helping to plan the murder of her 4-year-old son.

A year later, he convinced a judge to send her to death row.

It was a scandalous case: Prosecutors charged that in December 1989, Milke asked her roommate and erstwhile suitor to kill the child.

The roommate and a friend told the boy he was going to the mall to see Santa Claus. Instead, they took him to the desert in northwest Phoenix and shot him in the head.

But neither man would agree to testify against Milke, and the state’s case depended on a supposed confession Milke made to a Phoenix police detective.

Milke denied confessing.

The detective had not recorded the interview, and there were no witnesses to the confession.

When Milke’s defense attorneys tried to obtain the detective’s personnel record to show that he was an unreliable witness with what a federal court called a “history of misconduct, court orders and disciplinary action,” the state got the judge to quash the subpoena.

“I really thought the detective was a straight shooter, and I had no idea about all the stuff that allegedly came out,” Levy recently told The Arizona Republic.

But in March of this year, after Milke, now 49, had spent nearly 24 years in custody, the 9th U.S. Circuit Court of Appeals threw out her conviction and sentence because of the state’s failure to turn over the detective’s personnel record so that Milke’s defense team could challenge the questionable confession.

The 9th Circuit put the onus on the prosecution.

“(T)he Constitution requires a fair trial,” the ruling said, “and one essential element of fairness is the prosecution’s obligation to turn over exculpatory evidence.”

The 9th Circuit judges ordered that Milke be retried within 90 days or be released.

The chief circuit judge referred the case to the U.S. Attorney General’s Office to investigate civil-rights infringements. Under the 9th Circuit order, prosecutors must allow the detective’s personnel record into evidence if they use the contested confession.

Prosecutors are responsible for the testimony of the law-enforcement officers investigating their cases. Cops and prosecutors are the good guys. They put criminals in prison, sometimes on death row. Juries tend to believe them when they say someone is guilty. They don’t expect them to exaggerate or withhold evidence. They don’t expect their witnesses to present false testimony.

Yet The Arizona Republic found that, when the stakes are highest — when a trial involves a possible death sentence — that’s exactly what can happen.

In half of all capital cases in Arizona since 2002, prosecutorial misconduct was alleged by appellate attorneys. Those allegations ranged in seriousness from being over emotional to encouraging perjury.

Nearly half those allegations were validated by the Arizona Supreme Court.

Only two death sentences were thrown out — one for a prosecutor’s tactics that were considered overreaching but not actual misconduct because a judge had allowed him to do it.

Two prosecutors were punished, one with disbarment, the other with a short suspension…….”


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Leave your thoughts & comments below.

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    • And, I might add, hoping to read some dirt on Martinez.

      It’s been clear to me from Kiefer’s coverage that he’s seen a lot of the courtroom shenanigans as we have seen them. I get the impression he believes Jodi to be guilty, but he seems to teeter at the edge of indignant about how the verdict was achieved. I would not be surprised, as the article unfolds, that the Arias trial and the behavior of the prosecutor (and, perhaps, the judge) is what inspired him to tackle this article.

      • From your mouth to God’s ears…
        Right now Jodi needs all the people she can get to raise their voices against the charade that trial was! Kiefer is someone well-respected and it’s not the first time he shows his disapproval of what went on in that courtroom.

      • I totally agree Journee.

        It is one thing being a hater and another thing having an opposite opinion on a case. I don’t know what Michael Kiefer believes refering to Jodi’s case but I do see that he is fair to both parties when it comes to tweeting about the trial.

        I think that the Debra Milke case/ trial gave him leeway to investigate and gather all the information needed to do this interview. As you said, I am sure that he indeed has Jodi’s case in mind when it comes to Prosecutorial misconduct.

  1. This is such a disturbing article and video. What the f*ck is going on in shitzona???

    I wonder how many other cases were ‘covered up’ for Prosecutorial misconduct, that we don’t even know about!!! Scary shit!

    Jodi’s trial reeks of misconduct!!! I wonder if in parts 2,3 & 4 there will be mention about Jodi’s trial.

    My dear cyber family and Jodi supporters: stay away from shitzona!

    ((((((Jodi ♥ )))))))

    )))))) shitzona ((((((( – NO HUGS!

    • Eli,

      Thank you for this video. This link is of much importance to watch. To have a government realize the injustice of a prosecutor such as Martinez yet feel as if they , the government does not have the upper hand can only mean there is such scum in that Arizona government and so many secrets.

    • Eli, thanks. An eyeopener. It’s a pattern with martinez. Someday soon he will be held accountable for his circus acts in courtrooms. It’s already began… the walls are closing in on him and I am sure he is starting to feel the pressure of real justice breating down his neck.

      The government will not be able to turn a blind eye now that arizona prosecutorial misconduct is becoming a big thing in USA and being discussed on the media.

  2. Jodi’s trial was the first trial I had ever watched live; a totally newfound experience since trials are not televised in Greece, not does the public get to learn great details of the crime, the trial itself etc..
    10 months later and after having spent so much time reading about cases other than Jodi’s, I shudder to think how many people were overcharged and are locked up, serving punishments that do not fit the crime they commited or worse, completely innocent people like Debra Milke whose life, freedom and reputation were taken away from them.

    Kiefer’s courage makes me think he’s an honorable man, I admire him for speaking out. The statistics and figures talked about in that clip however seem disheartening to me. I wish Jodi’s appellate issues won’t be overlooked when that time comes.

    ((((((((((( JODI ♥ ♥ ♥ ))))))))))))))

    • I haven’t said hello to my cyber family. Hello, all of you brave wonderful, smart family.

      Maria and everyone,

      I have said before that I was flipping channels when I came across Jodi’s trial. I usually find trials very boring. But something drew me in. I knew right away she was innocent. I also felt they would find her guilty. I was really hoping she would have gotten a fair trial. But Arizona seemed to get away with everything corrupt starting with investigating the murder scene. Now we have proof that higher up people in the government suspect Martinez of corruption yet no one investigates him thoroughly and gets rid of him. This is major serious violation. He wants to put people to death who aren’t murderers. He is the psychopath, the sociopath. He is ruining people and families. Plus there is real proof. And it is not just one mistake. He is evil!!!!!.

      Any suggested answers here for Jodi? SJ, please do these answers as you feel safest. Do we need a special password thread? Do we suggest by email? We just need positive collaboration.

      Love you family! Big Hugs!

    • (((((((Maria ♥ ))))))))

      MK couldn’t have done this interview at a better time! I am sure that it will help people ‘see’ the injustice at Jodi’s trial more clearly.

      We all know that the ‘haters’ will ‘cut him to shreds’… I hope he has the stomache for it.


    excellent video

    i know i raised this matter almost continuously against martinez, and set out what misconduct i saw

    others did as well

    i set out in detail what misconduct i saw during the trial

    i came in half way through the trial, so i missed all the misconduct against jodi that others were aware of, and had expressed anger about

    but beyond the prosecutor, improprietery, bias, incompetence, bigotry, prejudice, prejudgment, and/or malice was commonplace by others in varying degrees against jodi

    i include judge stephens, the police, maricopa county, the politicians, the governor, the media, the internet, the family and “friends” of ta, the mormon hierarchy, the legislature, etc

    i have no fact based assessment of the jury, since i know next to nothing about them, or how they dealt with the case beyond the verdict, which was made in a sea of misconduct, official and otherwise

    the verdict from what i saw showed a law and order jury

    picked from among the good citizens of maricopa county who regularly re-elect sherrif joe arpaio

    the legislative bias i refer to above included a couple i repeat here:

    1. the constitutional judicial bias contained a prejudgment of assigning ta and his family as “victims”, and so in collusion with the prosecutor, denied the defense team the ability to talk with the ta’s
    family, and

    2. the arizona legislation dealing with witness tampering, was put insurmountable hurdles in the way dealing with such, and so was unfair to jodi

    at the time, i compared it, in much detail, to the muscular serious federal legislation on witness tampering, with a lower threshold to meet, and decades of potential imprisonment for such

    further, at the time, i set out in much detail how to lodge a complaint claiming prosecutorial misconduct against martinez with the arizonan attorney disciplinary authority, the arizona state bar

    one person inquired seriously
    most of those at the website then are now not here

    did anyone here lodge a complaint ?

    similarly, i also set out how to lodge a complaint against judge stephens

    did anyone here file a complaint against her ?

    i raised the issue of additional funding for the defense team, suggesting that they needed another million or two for starters to hire suppotive help, such as attorneys, investigators, experts, offices,
    equipment and office staff, and so be on an even playing field with the resources available to the state, county ie prosecution

    it is a practice of states to keep defense teams poor, and so deny them adequate resources

    they don’t like paying for justice, only stacking the deck by railroading the outliers from the herd

    here i was met with some penny pinching responses, comparing such to a business
    trials are expensive
    these aren’r conducted by minimum wage help

    the case was extremely complex, in law, and in fact

    a massive ordeal for jodi, and kirk and jennifer

    in hindsight, might jodi, and later kn and jw, have done things differently ?
    of course !

    i was concentrating on her defense, which i believed, and still do, is a justified claim

    she killed him in because he attacked her, and she feared for her life
    jodi is innocent


    “Everyone thinks I’m showing off when I talk, ridiculous when I’m silent, insolent when I answer, cunning when I have a good idea, lazy when I’m tired, selfish when I eat one bite more than I should.”
    Anne Frank, The Diary of a Young Girl

    “Life shrinks or expands in proportion to one’s courage.”
    Anaïs Nin

    “Courage is resistance to fear, mastery of fear – not absence of fear.”
    Mark Twain

    “I learned that courage was not the absence of fear, but the triumph over it. The brave man is not he who does not feel afraid, but he who conquers that fear.”
    Nelson Mandela

    “Courage isn’t having the strength to go on – it is going on when you don’t have strength.”
    Napoleon Bonaparte

    “We must take sides. Neutrality helps the oppressor, never the victim. Silent encourages the tormentor, never the tormented.”
    Elie Wiesel

    “There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”
    Elie Wiesel

    • Wes great post.

      “Everyone thinks I’m showing off when I talk, ridiculous when I’m silent, insolent when I answer, cunning when I have a good idea, lazy when I’m tired, selfish when I eat one bite more than I should.”
      Anne Frank, The Diary of a Young Girl

      The above quote says it all! Whatever Jodi does, either it is promoting a t-shirt for DV awareness, drawing art, talking to the press, writing a motion about Nurmi’s indifference as her lawyer… she never gets a break, ffs!

      Complaints have been filed, petitions have been signed. If we’re dealing with corruption, how will they be heard or taken into consideration? We need people like MK to voice our concerns and that’s what he’s doing in this interview.

  4. It seems JM has been out of control for some time.

    Defendant: Cory Morris
    Morris killed five women and kept their bodies in an RV until they reached advanced stages of decomposition before dumping them in the street. Maricopa County prosecutor Juan Martinez told the jury that Morris had sex with the bodies, although the medical examiner did not make that finding. The Supreme Court repeated that prosecutors have wide latitude in oral argument. The court disapproved of Martinez singling out jurors in comments and of taking a jacket worn by one of the dead out of a plastic evidence bag for the jury’s “smelling pleasure.” It did not rise to the level of misconduct.

    So, basically, Kermit can do whatever the hell he wants as we all witnessed during Jodi’s trial. Impropriety was alleged and found during the above case, but not to the level of misconduct. So in other words, he gets away with it and continues on with his disgusting behavior unchecked.

    • martinez needs a ‘time out’. He is so arrogant that he doesn’t know that his way of prosecuting is the sole thing that is going to ruin his career. In Greece there is a saying “He took his eyes out with his own hands”, meaning that he did damage to himself. Can’t wait to see it happen! 😉 kermit is heading for a rude awakening.

    • Somebody ought to take Martinez down a few notches, by disbarring his arrogant ass.
      Will Martinez be disciplined for misconduct? I hope so, but with that crook Bill Monty overseeing the DA’s office I doubt it.
      Monty and Martinez have about as much respect for justice as they did in Russia during Stalin (I know cuz my ganparents lived during Stalin)

  5. I think that it is abundantly clear that the reason why the prosecution won this case had nothing to do with Jodi Arias. Jodi did absolutely nothing wrong during this trial. She was failed by a defense attorney, Kirk Nurmi, who quite frankly did a piss-poor job of defending her throughout the trial. And, call me crazy, but I think that towards the end that Nurmi behaved in court like he just didn’t give a shit anymore about what happened to her or to anyone. After looking back on it, I get the impression that Kirk Nurmi sabotaged this trial and did it out of personal dislike for Jodi Arias. What kind of a defense attorney says that he dislikes her 9 days out of 10? Even though Jodi smiled when he said it, it looked to me to be a more nervous smile than an appreciative one.

    I read Jodi’s letter to Judge Stephens and all I can say is that it was quintessential Jodi. That is who she is. The real Jodi. Believe me, I’m an honest person, sometimes too honest, and I don’t have any room in my life for bullshit or people who lie. If I felt like Jodi Arias was a liar or a dishonest person, I wouldn’t be here. Yes, like many of you, this means that I have to take an awful lot of shit from anonymous assholes on the Internet, but I’m a big boy and I can take it because what I’m doing is the right thing. It doesn’t mean that I like it, but I accept it. I accept it because I know what the end result is going to be: justice.

    I get inspired by so many things including all of you because most of the people in this country have been against us from the get-go. There simply aren’t many sympathetic voices out there who are willing to listen to our side of the story. They are very quick to dismiss us and our mission without listening to what we have to say. No problem. We’ll make them hear us. And that’s already started, too. Can you hear us, America? Or do you need us to turn up the volume?

    • “piss poor job” – that sounds about right 🙂
      Mr. Nurmi sure dropped the ball.
      I really hope Jodi’s motion will be granted. Jodi has presented an overwhelming amount of evidence of dereliction of duty by Mr. Nurmi.
      I liked Nurmi at first (he had a few “altercations” with Martinez which made me feel confident that Nurmi was doing his job),
      But Jodi’s motion sure shed a lot of light on the real Nurmi.

    • BTW, I too take a lot of flack from mindless brainwashed Travis-bots, but that doesn’t faze me, I always take the time to educate them, to show them why they are wrong.
      I know it won’t change their views (fat chance of that), but it may help others (who are on the fence, so to speak) form their opinions.

  6. I’ve not forgotten everybody and especially JODI!!!! My hard drive crashed so now I’m a little handicapped. I will keep up the best way I can and hopefully it will be replaced soon:)
    Keep fighting team Jodi!!!!!!

  7. i’d like to say that things are looking good for Debbie Milke at this point. It makes a good impression of her being that her supporters purchased her bail and even bought her a home. Too bad that Jim Styers isn’t being helped. However, there isn’t near as much people can do for him considering that he was present at the crime scene and tried to cover up Roger’s hideous act. Also, Roger clearly had the motive to kill Chris, but blamed it all on Jim and everyone belived him. He had previously been desperately trying to obtain $250 in order to purchase a lawyer and file for Social Security benefits. Debra and Jim had nothing going on as far as romanticism is concerned. Neither one had any clear motive to kill Chris. Not to mention that Roger was about entirely unstable. So hoping that Jim gets to testify in Debbie’s new trial!

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