The "flashing breasts" incident



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The overzealous and ruthless tactics of former Phoenix police detective Armando Saldate and his calculated efforts in attacking the character of Debra Milke are described in many places on this website. But one of the most outrageous actions in the entire pre-trial phase is the allegation described herein, which we refer to as the "flashing breasts" incident. It not only describes the relentless and uncivilized actions of the officer, it also tells the concerned citizen about the legal proceedings in the Debra Jean Milke Case.

It is no secret that Debra, in 1989 and after her divorce, was a single parent with the responsibility of raising her little boy on her own. She allowed her ex-husband MARK MILKE to see Christopher more often than he was granted by the custody decision of the court, because she was aware of the importance of a stable father/son relationship. On the other hand she intended to shield Christopher from MARK's drug- and alcohol-abusing behavior, which is why she insisted on supervised visits. Her situation in life at that time was ideal for an allegation pertaining to "sexual manipulation".

In Saldate's interview with Debra's sister SANDY PICKINPAUGH on June 30, 1990 the following is recorded in the transcript:

Mr. Saldate: So me and her talking and I'm telling her I'm not going to tolerate that. She's not going to do it. She - dress looked very nice. She wraps the front of her blouse and she pulls it up to her eyes, she didn't have no tears, to wipe her tears away but she didn't have any.
Ms. Pickinpaugh: (Inaudible).
Mr. Saldate: Yeah. Which quickly exposed her (noise on tape, couldn't get what was said). I didn't really pay that much attention to - I knew, you see, my job, in my position I know what she was doing to me. I knew what she - (inaudible). But see, I'm there for information, okay. And she's like trying to see if I --
Ms. Pickinpaugh: It's working.
Mr. Saldate: It's working. If he's looking at my breasts then I may be able to talk myself out of this. Okay. So that's what I'm telling you. That's the type of manipulation she does.

The unbiased observer and reader of this website might think that there is a possibility that what Saldate alleged actually happened. True, if no one else was there, how can you know for sure? But after hearing about this alleged incident it is useful to check the other documents available and see what light they shed on this crude allegation. The initial 'alleged "confession"', as produced by Saldate three days after his interrogation of Debra on December 3, 1989 does not contain any hint as to this incident. The same is true with Saldate's case synopsis, as written on December 6, 1989. Also, during the Grand Jury Hearing, the cop did not mention this alleged incident to the Jury members at all. Hm, could it be it was invented?

People who know Debra, back in 1989/90 as well as today - visiting on death row - exclude vehemently the possibility she would act in such a way. That's definitely not her character. Just the opposite, Debra has always been known to be modest and poised talking and dealing with people. Certainly, at the time of her arrest she was attractive and young, but taking her true character into consideration this entire allegation appears to be very much 'off the wall'. Why then would Saldate make this allegation? Let's look at what led up to the detective's allegation. Earlier in the interview SANDRA stated:

Ms. Pickinpaugh: (...) It's an act. It's a - you know, my dad is the hardest person in the world, I'll tell you. You want someting from my dad you better, you know, just to look at my dad - When I know I have to ask for something my dad just makes me shake inside my own boots, you know. And my sister even managed to get past him.
From this and other statements Saldate knew well about the powerful jealousy SANDRA had for her older sister. He found the opening to tap SANDY'S jealousy after he had "felt her out" during the interview. And in fact, prior to the "flashing breasts" allegation Saldate tried to use SANDY'S resentment of Debra in a different way. He tried, with a leading question, to get SANDY to bad-mouth her sister as the sort of person who would deliberately act provocatively around her roommate, JIM STYERS':
Mr. Saldate: - it's only her and him. All of a sudden he started, like he said, the gestures, everything else and then you forget about things (inaudible). And I'm sure (inaudible) maybe you can tell me. Like you said the gestures and things that she did (inaudible). But it would not surprise me if she would get up accidentally, you know, quickly run out of her bedroom or something like that (inaudible) or be something --
Ms. Pickinpaugh: (Inaudible) You know, and needed - not needed - I don't even know Debbie but I never would but my husband has a fit because I come out in my PJs and my PJs are not nighties, you know, mine are the Garfield big T-shirts, you know and to me I figured I'm covered, I don't care, as long as it's not see-through. I don't care. That's not Debbie. No.
So at first Saldate gossiped leeringly about the relationship of JIM STYERS and Debra, trying to suggest a scenario and get SANDY to tell him about any incident appropriate to fit into his desired allegation of "sexual manipulation": "And I'm sure ... maybe you can tell me". But that doesn't click with SANDY at all. Just the opposite: she started off by saying "I don't even know Debbie but ..." and continued to elaborate "I figured I'm covered, I don't care, as long as it's not see-through." And eventually SANDRA concluded "That's not Debbie. No." This confirms the statements above, that everyone who knew or knows Debra denies she would act in such an improper way. Therefore Saldate had to make a statement on his own; after the futile attempt above, Saldate would start his "flashing breasts" allegation. What's more, this didn't really work either. SANDY still didn't trash her sister as sexually manipulative. And so, as we saw elsewhere, Saldate simply put down a complete lie in his report of his interview with SANDY, complete with a made-up quote attributed to SANDY attacking Debra.

At the trial defense attorney Ken Ray became aware of this allegation (on the tape and within the pertinent transcript of the interview) only after Saldate had already testified and Ray talked about the matter of this alleged incident in his closing argument:

MR. RAY: (...) Commencing, then, at line 14. "She dressed -- she dressed -- looked very nice. She grabs the front of her blouse and she pulls it up to her eyes -- she didn't have no tears -- to wipe her tears away, but she didn't have any."
The response by Ms. Pickenpaugh, according to the transcript, is inaudible. Those portions which indicate are inaudible, you will have the opportunity to listen to the tape.
"Yeah, she quickly exposed her" --
And the transcript says, "noise on tape, couldn't get what was said".
Listen for that, ladies and gentlemen.
"Didn't really pay much attention to -- I knew -- you see, my job -- in my position, I knew that she -- what she was doing to me. I knew what she -- inaudible -- but, see, I'm there for information. Okay? And she is like trying to see if -- answer by Ms. Pickenpaugh. It's working. Mr. Saldate, it's working. He is looking -- if he is looking at my breasts, then I may be able to talk myself out of this."
The subject of breasts is being discussed, or statement being made to Sandra Pickenpaugh that Debra Milke took her blouse, pulled it up to her eyes to wipe tears, but there were no tears, exposing -- and then he is explaining and talking then about breasts.
Ladies and Gentlemen, is that an unusual circumstance that you would note in a report? Is that something that is of importance? He says that he knew what she was doing. Exhibit 173, the clothing of Debra Milke at the time of her arrest. A jacket, or sweater of sorts, tennis shoes, a T-shirt, jeans, socks and undergarments, including a bra. Where is the dress? Where is the blouse? Where is the need to talk about this incident with Sandra Pickenpaugh? Was there such an incident? Never mentioned, never brought up.
Ladies and Gentlemen, that bears substantially upon credibility.
These statements by Ken Ray may appear pretty strong and convincing to the unbiased onlooker, but - for whatever reason - the jury elected to give the cop and his completely made-up story more credibility than the young woman, who had to go through a terrible tragedy, losing her 4-year-old son; who had no criminal record; and with no hard facts incriminating her with participation in the alleged conpiracy (other than Saldate's report including the 'alleged "confession"'). In fact, the statements of Ken Ray were not only confirmed by the facts of the trial (exhibits in evidence), but were also backed up by TV reports which confirm the truthfulness of his summary of clothing that Debra wore on that fateful day, December 3 of 1989.



Saldate arresting Debra Milke
Debra and Saldate after her arrest,
December 3, 1989 at the police main station in Phoenix,
she's wearing a white cardigan sweater, and a pink T-shirt.


It should also be noted that Saldate himself did not make any mention of this "flashing breasts" incident in the court room at all; he neither stated it at the Voluntariness Hearing, nor at the jury trial. We are sure you also ask yourself why this was.

Additionally, as a result of the discovery process as it was granted by federal judge Robert C. Broomfield, Saldate's personnel file disclosed a shocking and remarkable Separation Notice which describes how prone to covering-up his ulterior sexual motives Saldate was, even in 1973. This enlightening incident puts Saldate even more into a questionable light and suggests that the former Phoenix police detective had a pattern to inflict sexual issues to his 'investigative techniques' where they applied. We would like to leave it up to you, the reader of this website, to conclude and come to your own opinion of what has really taken place in regards to this allegation.



This page was last modified:
Monday, 03-Mar-2008 19:10:21 CST