Death Row inmate to be freed - Fox News

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BUT HE IS GLAD NOBODY WAS HURT.
THE CAUSE OF THE FIRE IS UNDER INVESTIGATION.
JON: WOW.
A ARIZONA WOMAN CONVICTED OF HAVING HER FOUR-YEAR-OLD SON KILLED FOR INSURANCE MONEY IS SET TO BE RELEASED FROM PRISON TODAY.
DEBRA MILL KEY HAS BEEN ON DEATH ROW IN ARIZONA FOR 20 YEARS.
SHE IS GOING HOME TO AWAIT A RETRIAL IN HER CASE.
A JUDGE SET HER BOND AT QUARTER OF A MILLION DOLLARS THIS WEEK, SIX MONTHS AFTER A FEDERAL APPEALS COURT OVERTURNED HER CONVICTION.
THE COURT FIND THERE IS NO EVIDENCE DIRECTLY LINKING HER TO THE BOY'S DEATH.
EVEN A CONFESSION FROM A CONVICTED ACCOMPLICE IS NOW IN DOUBT.
BRING IN THE LEGAL PANEL.
FRED TECCE, FORMER FEDERAL PROSECUTOR.
ALSO WITH US, ASHLEY MERCHANT, CRIMINAL DEFENSE ATTORNEY.
FRED, THIS STORY WAS BIG NEWS WHEN IT HAPPENED TWO DECADES AGO.
I WANT TO REFRESH PEOPLE'S MEMORIES.
SHE WAS CONVICTED OF HAVING HER FIVE-YEAR-OLD SON, THE STORY WAS, DRESSED HIM UP IN THE FAVORITE OUTFIT.
SAID HE WAS GOING TO MEET SANTA CLAUS.
HANDED HIM OVER TO ROOMMATE AND ANOTHER MAN, WHO TOOK THE BOY OUT INTO THE DESERT AND SHOT HIM.
THE ALLEGATION IT WAS ALL TO CORRECT $5,000 IN INSURANCE MONEY.
HOW DOES A CONVICTION, LIKE, THAT FRED, GET THROWN OUT? >> WELL, JON A COUPLE OF WAYS.
I WAS THINKING ABOUT THIS MORNING.
I'M HARD-PRESSED TO THINK OF A MORE HORRIFIC CRIME OF ALL THE CASES WE COVERED OVER LAST COUPLE YEARS.
THIS WAS A TERRIBLE, TERRIBLE CRIME.
THE ANSWER IS HOW IT GOT THROWN OUT WAS THE PROSECUTION ULTIMATELY MADE A MISTAKE.
THEY HAD INFORMATION ABOUT THE CREDIBILITY OF THE DETECTIVE WHO TESTIFIED ABOUT THIS WOMAN'S CONFESSION.
AND THEY DIDN'T TURN THAT OVER TO THE DEFENSE.
THERE IS THIS CASE, BRADY, WHERE YOU HAVE TO TURN OVER EVIDENCE TO SHOW THE WOMAN MAY BE INNOCENT.
THEY SHOULD HAVE TURNED THE BRADY MATERIAL OVER IN THE CASE.
IF WAS PROSECUTION I WOULD FIND OUT WHATEVER ACCOMPLICE ON DEATH ROW AND MAKE WHATEVER DEAL TO MAKE SURE THE WOMAN DOESN'T GET AWAY WITH THIS.
JON: TWO MEN WERE ALSO CONVICTED.
ONE OF THEM GAVE A CONFESSION TO POLICE AND LED THEM TO THE LITTLE BOY'S BODY.
THAT IS HOW THEY, HOW THEY FOUND HIM.
WHAT DO YOU THINK ABOUT THAT APPROACH, ASHLEY? >> WELL, YOU KNOW, BOTH OF THOSE INDIVIDUALS WERE CONVICTED AND NEITHER OF THEM TESTIFIED AT HER TRIAL THE FIRST TIME AROUND.
SO IT BEGS THE QUESTION, OF WHETHER OR NOT SHE REALLY WAS INVOLVED, BECAUSE THE, LIKE THE APPEALS COURT SAID, THERE WAS NO DIRECT EVIDENCE LINKING HER TO THIS CRIME.
REALLY THE MOST POWERFUL EVIDENCE THEY HAD WAS THIS CON SPECIAL THIS OFFICER FOUND OUT HE HAD OTHER INSTANCES OF UNTRUTHFULNESS.
THAT CALLS INTO QUESTION WHETHER OR NOT SHE WAS REALLY INVOLVED IN THIS.
JON: FOUR OTHER CASES WHICH THE DETECTIVE EITHER LIED UNDER OATH OR, HAD TO THROW OUT CONFESSIONS THAT HE SUPPOSEDLY TOOK AND FOUR OTHER CASES THAT WERE TOSSED OUT OR CONFESSIONS WERE EXCLUDED BECAUSE HE VIOLATED THE SUSPECT'S CONSTITUTIONAL RIGHTS.
>> RIGHT.
AND, A GOOD DEFENSE LAWYER LIKE ASHLEY WILL BEAT THIS GUY ABOUT THE HEAD AND NECK ON CROSS-EXAMINATION BUT HE STILL GETS TO TESTIFY TO THE JURY AS FAR AS I'M CONCERNED.
THAT GOES TO THE WEIGHT THAT THEY SHOULD GIVE IT.
THE QUESTION I'M ASKING, I HAVEN'T HAD ANSWERED YET BY ANYBODY IS, HOW MANY OF THOSE THINGS TOOK PLACE 25 YEARS AGO AT THE TIME? THIS CASE GOT OVERTURNED BECAUSE THE STATE DID NOT TURN OVER EVIDENCE ABOUT THIS GUY'S CREDIBILITY.
IF IT WAS EVIDENCE THEY DIDN'T HAVE IN THEIR POSSESSION, THAT IS MUCH A DO ABOUT NOTHING.
JON: THE QUESTION EVERYBODY ASKS, ASHLEY, WHAT MOTIVATION DO THESE TWO GUYS TO HAVE TAKE A LITTLE BOY OUT IN THE DESERT AND SHOOT HIM TO DEATH.
>> CORRECT.
JON: IF THEY HAVEN'T BEEN PUT UP TO IT? >> AND I AGREE WITH FRED.
I WOULD WANT TO KNOW WHAT THOSE TWO INDIVIDUALS HAD TO SAY.
IF I WAS PROSECUTOR I WOULD WANT TO INTERVIEW THEM IMMEDIATELY.
I WOULD WANT TO DO THAT AS A DEFENSE LAWYER.
I WOULD WANT TO FIND OUT WHAT THESE TWO INDIVIDUALS HAVE TO SAY.
THE PROBLEM IS THE STATE OF ARIZONA WILL HAVE TO MAKE A DEAL WITH THEM.
THEY'RE BOTH ON DEATH ROW.
I DON'T KNOW IF THEY'RE GOING TO WANT TO MAKE A DEAL WITH TWO MEN THAT KILLED A FOUR-YEAR-OLD.
>> OH, WELL.
YOU WANT TO KNOW ABOUT MURDERERS, YOU NEED TO TALK TO MURDERERS.
>> THAT IS TRUE, DEFINITELY.
JON: THE STATE SAID THEY ARE GOING TO PURSUE THE DEATH PENALTY IN A RETRIAL FOR DEBRA MILKE.
TURN TO THE OTHER CASE OUT OF OHIO MAKING NEWS.
AN OHIO MAN GOES ON YOUTUBE AND MAKE AS SHOCKING CONFESSION.
HIS NAME IS MATTHEW CORDLE.
THIS IS THE CONFESSION.
HE ADMITS HE WAS DRIVING DRUNK WHEN HE CAUSED A FATAL CRASH EARLIER THIS SUMMER.
THE VIDEO IS OUT THERE FOR ALL THE WORLD TO SEE.
IT WAS POSTED ON A COUPLE OF WEBSITES THIS WEEK.
THE QUESTION, WHAT DOES IT DO TO HIS CASE? IT IS MY UNDERSTANDING, ASHLEY, HE HASN'T BEEN ARRESTED YET.
BUT NOW HE GETS ON TV AND SAYS, I CAUSED THIS CRASH, I WAS DRIVING DRUNK AND THIS POOR MAN DIED BECAUSE OF WHAT I DID.
>> THIS IS EVERY DEFENSE LAWYER'S NIGHTMARE.
YOUR CLIENT CONFESSING WITHOUT A DEAL IN PLACE.
YOU ALWAYS WANT TO GET A DEAL IN PLACE BEFORE YOU HAVE YOUR CLIENT PLEAD GUILTY WHICH ESSENTIALLY WHAT HE HAS DONE ON VIDEO AT THIS POINT.
JON: I GATHER, FRED, HIS DEFENSE LAWYER ARGUED AGAINST HIM DOING IT.
BUT HE BASICALLY SAYS, THE DEFENSE LAWYER SAYS, LOOK, HE IS TAKING RESPONSIBILITY FOR IT.
HIRE, THIS IS A GOOD MAN AND HE JUST WANTS TO PUT ALL OF THIS OUT THERE.
I GUESS THAT IS THE BEST YOU CAN DO IF YOU'RE THE DEFENSE LAWYER AT THIS POINT.
>> NICE SPIN, BUDDY, GOOD JOB.
BECAUSE THAT IS PRETTY MUCH ALL YOU HAVE LEFT FOR YOU.
THIS IS WHY I LET PEOPLE LIKE ASHLEY DO CRIMINAL DEFENSE THAN I DO IT.
THE ONLY THING WORSE THAN CLIENTS IS NO CLIENTS.
THIS GUY FITS RIGHT SMACK IN THE BILL.
GUARANTY TOLD HIM BY THE WAY, BUDDY, DON'T SHOOT YOUR MOUTH OFF ON IT.
V.
HE DID IT AND OBVIOUSLY DIDN'T.
HE WILL PAY THE CONSEQUENCES, IS IT GOING TO HURT HIM IN COURT, ASHLEY? MAYBE, SERIOUS, MAYBE THERE'S A JUDGE WHO APPRECIATES THE HONESTY AND CANDOR HERE? >> RIGHT.
AND THE PROSECUTION MAY APPRECIATE THAT.
THE VICTIM'S FAMILY MIGHT APPRECIATE THAT.
THEY MAY, AS A DEFENSE LAWYER I WOULD CERTAINLY BE ARGUING THAT.
I WOULD BE ARGUING LOOK, HE DID THE RIGHT THING WITHOUT ANY DEAL IN PLACE.
HE WENT AND DID THE RIGHT THING AND TRIED TO MAKE THIS RIGHT AND SO YOU SHOULD GIVE HIM LENIENCY BECAUSE OF THAT.
THE PROBLEM AT THIS POINT BECAUSE THERE WAS NOT A DEAL IN PLACE YOU'RE AT THE MERCY OF THE COURT.
JON: FRED? >> THOSE ARE ALL SENTENCING ISSUES, JON.
AS FAR AS LIABILITY IT IS A TORPEDO TO HIS MID SHIP.
ASHLEY MAKE AS GREAT POINT.
WHEN I WAS PROSECUTOR PEOPLE CAME IN AND I MADE A MISTAKE.
WE'RE ALL HUMAN BEINGS, HUMAN NATURE BEING WHAT IT IS THOSE PEOPLE GET FURTHER THAN PEOPLE THAT GET IN YOUR FACE.
ULTIMATELY THIS MAY HELP HIM.
JON: THIS COULD BE USED IN EVIDENCE? THEY CAN INTRODUCE THIS IN COURT? >> DEFINITELY CAN BE USED IN EVIDENCE.
THE POLICE WEREN'T INVOLVED AT YOU WILL.
THERE WOULD BE NO MOTION TO SUPPRESS LIKE WE HEAR ABOUT BECAUSE THERE WAS NO POLICE ACTION IN GETTING THIS VIDEO.
IT WAS COMPLETELY VOLUNTARY.
JON: ASHLEY MERCHANT, FRED TECCE, WE'LL LET OUR VIEWERS KNOW WHAT HAPPENS IN THE CASE.
>> THANK YOU.
JENNA: LOOKED LIKE A PROFESSIONALLY-SHOT VIDEO.
MAYBE HE JUST LIKE HIM SHOOTING HIMSELF BUT IT LOOKS BEAUTIFULLY PRODUCED.
JON: YEAH, I DON'T KNOW ABOUT THE PRODUCTION BUT IT CLEARLY WAS SORT OF PROFESSIONALLY DONE.
JENNA: YEAH.
WE'LL CONTINUE TO WATCH THAT CASE.
VERY INTERESTING.
WOULD YOU GIVE HIM A BREAK? I DON'T KNOW.
>>> WELL THE PRESIDENT IS SPENDING SEVERAL DAYS AT THE G20 TRYING TO CONVINCE WORLD LEADERS TO BACK HIS CALL FOR MILITARY ACTION IN SYRIA BUT BACK HERE AT

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