Milke, et al v. Ryan, et al

Filing 200

ORDER, within 21 days, Respondents shall provide records and file under seal any records and file a statement regarding such records as detailed in this order. Signed by Senior Judge Robert C Broomfield on 5/29/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Debra Jean Milke,
Petitioner,

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vs.

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Charles L. Ryan, et al.,

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Respondents.

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No. CV-98-00060-PHX-RCB
DEATH PENALTY CASE
ORDER

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On May 15, 2013, the Court of Appeals for the Ninth Circuit issued its mandate,

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reversing this Court’s denial of habeas relief and remanding with instructions to grant a

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conditional writ of habeas corpus. (Doc. 199.) The court of appeals further directed this

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Court to order the State to provide Petitioner’s counsel with police personnel records

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covering all years of service for Phoenix Police Detective Armando Saldate, Jr., including

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records pertaining to any disciplinary or Internal Affairs investigations and records pertaining

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to performance evaluations, prior to granting the conditional writ. Pursuant to the mandate

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of the court of appeals,

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IT IS ORDERED that within twenty-one (21) days of this Order, Respondents shall

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(1) provide to Petitioner’s counsel all police personnel records covering all years of service

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for Phoenix Police Detective Armando Saldate, Jr., including but not limited to records

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pertaining to any disciplinary or Internal Affairs investigations and records pertaining to

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performance evaluations; (2) file under seal with a copy to Petitioner’s counsel any police

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personnel records for Detective Saldate that Respondents believe are irrelevant under Brady

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or Giglio; and (3) file a statement under oath from a relevant police official certifying that

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all of Detective Saldate’s police personnel records have been disclosed and none has been

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omitted, lost, or destroyed.

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IT IS FURTHER ORDERED that any personnel records filed under seal and

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contested by Respondents as irrelevant under Brady or Giglio shall be maintained by both

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parties in a confidential manner. Such records may be used only by representatives for

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Petitioner and Respondents in litigating their relevancy and shall not be disclosed to any

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other persons, agencies, or entities without an order from this Court.

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IT IS FURTHER ORDERED that if Respondents contest the relevancy of any of

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Detective Saldate’s personnel records, Petitioner shall file a brief addressing the relevancy

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of such records within fourteen (14) days of receipt of the sealed records from Respondents.

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Respondents may file a reply within seven (7) days of the filing of Petitioner’s brief.

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DATED this 29th day of May, 2013.

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