Court rejects Arizona death row inmate’s appeal, but offers glimmer of hope

PHOENIX — The 9th Circuit Court of Appeals has rejected the appeal of an Arizona death row inmate, but was quick to offer an alternative glimmer of hope in the case.

Michael Gallegos was convicted of the 1990 sexual assault and murder of 8-year-old Kendall Wishon. The court rejected his appeal that he was poorly represented by his attorney, but it opined that a federal district judge could overturn the conviction based on another ground.

The court said Gallegos could argue in state court that former Phoenix police detective Armando Saldate failed to read Gallegos his rights when he was arrested.

“Saldate had a history of lying in court and ignoring defendants’ constitutional rights in a variety of cases,” KTAR legal analyst Monica Lindstrom said.

Gallegos’ appeal was based on his attorney failing to tell him he could appeal because of Saldate’s actions, which are well-documented.

“He (Saldate) was the lead detective in the Debra Milke case, and he was the only one who heard the alleged confession,” Lindstrom said. “That, coupled with the fact that detective Saldate had some credibility issues in some other cases, gave the defense the ammunition to get her conviction overturned.”

Milke was convicted in the murder of her son, Christopher, in 1990. Her conviction was overturned in 2013 after a court ruled that her rights were violated when the prosecution failed to give a file concerning Saldate’s history to the defense.

The file showed eight other cases where confessions, convictions or indictments were thrown out because Saldate either violated a suspect’s rights when he questioned them or lied while under oath.

Milke’s murder charge was later dismissed.

Dale Baich, a public defender who now represents Gallegos, told Cronkite News he plans to file a case with the court.

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