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December 4, 1989: The Arizona Republic

Tactic on mom's confession defended by former detective

By Brent Whiting

A former Phoenix police homicide detective on Thursday defended his decision not to use a tape recorder when he obtained a confession from Debra Jean Milke, accused of plotting the execution of her 4-year old son.

Armando Saldate Jr. told jurors that despite an order from a superior officer to use a tape recorder, he decided against it because Milke had refused to have her statement recorded.

"My motivation is to get the truth, Sir," Saldate said.

Saldate, a 21-year police veteran who resigned from the force in early July to accept an appointment as constable in Central Phoenix Justice Court, said nobody else was present during the interview.

He testified during the trial of Milke, 26, Who is charged with first-degree murder and other crimes in die slaying of her son, Christopher. The boy was shot three times in the back of the head Dec. 2 at a desert area near 99th Avenue and Happy Valley Road.

The boy was wearing blue jeans, tennis shoes and a gray sweatshirt with a yellow dinosaur on the front when he was gunned down. His body was found by police the next day.

Two other defendants, James Lynn Styers, 43, and Roger Mark Scott 42, are accused of plotting with Milke to carry out the slaying and are awaiting trial.

In testimony Wednesday and Thursday, Saldate told jurors about a Dec. 3 interview with Milke at the Pinal County Sheriff's Department in Florence.

During the talk, according to Saldate, Milke related that she despised Mark Henry Milke, her ex-husband, and decided that it would be better for her son to die than to grow up like his father, whom she described as a drug user and alcoholic.

The former detective said he was told by Debra Milke, "Look, I just didn't want him to grow up like his father. I'm not a crazy person. I'm not an animal. I just didn't want him to grow up like that."

Mark Milke, who is attending his ex-wife's trial told a reporter earlier this week that he formerly used drugs. He also described himself as a recovering alcoholic.

In a pretrial hearing Monday, C. Kenneth Ray, a defense lawyer for Debra Milke, questioned Saldate about the Dec. 3 interview. He argued that, absent a tape recording, jurors must rely on Saldate's word that his client, in fact, offered a confession.

Ray sought a court order precluding Saldate from telling jurors about the confession, but Judge Cheryl Hendrix of Maricopa County Superior Court ruled Tuesday to allow Saldates testimony into evidence.

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