Separation notice
from Armando Saldate's personnel file

As a result of Debra Milke's Habeas Corpus proceedings in Federal District Court, discovery on the personnel records of former Phoenix Police Detective Armando Saldate, Jr. was granted by Federal Judge Robert C. Broomfield. The discovery process yielded the following Separation Notice, which was part of Saldate's personnel file. The Court ordered a copy of this notice to be given to Debra Milke's defense. The content of this note is quite enlightening to the reader in regards to The Debra Jean Milke Case :

In accordance with the provisions of Rule 19A of the Personnel Rules of the City of Phoenix, Arizona, you are hereby suspended from duty, without pay, for five (5) working days, effective Wednesday, September 5, 1973, through Sunday, September 9, 1973, inclusive.

On August 15, 1973, at approximately 8:40 P.M. while on duty, you stopped a woman at 1100 East Mohave for a traffic violation; a faulty tail light. You then determined that she did not have a driver's license and commenced writing her two repair order citations for her violations.

You also learned there was the probability a traffic warrant for her arrest existed. You did not verify the warrant, nor did you make an arrest as she promised to take care of the warrant in the near future.

Comment : Here the reader learns that Detective Saldate based his actions in this example not on enforcing the law, but simply on his own gut feelings about a situation. This incident took place sixteen years prior to the horrible murder of Christopher Milke and his mother's arrest, and at this early date we can already see Saldate's natural pattern of jumping to conclusions, solely based on his personal assessment, regardless of the rightfulness of his actions. And the rest of this report will show that Saldate is capable of taking actions that are very wrong.

To show her gratitude for not going to jail on receiving moving vehicle citations, the woman offered to kiss you. You proposed that the two of you go to a less conspicuous place and suggested 300 East Maricopa Freeway. The woman agreed, and you followed her to that location. There, you leaned inside the car, kissed her and deliberately began making advances and took liberties which amounted to conduct unbecoming an officer. Therefore, you have subjected yourself to disciplinary actions under the provisions of Phoenix Police Department General Order 3.3.4(7). Conduct Unbecoming an Officer and General Order 3.3.4.

Comment : This paragraph shows how Saldate was easily led to behave unprofessionally due to his sexual interest in a stranger. In The Debra Jean Milke Case, the detective made the bizarre, false, and inflammatory allegation that Debra had flashed her breasts at him in an attempt to seduce her way out of arrest. As many people who know Debra have adamantly stated, this sort of behavior is not her nature and style. But taking sexual notice of an interviewee and lying about it - we can see that Saldate was capable of that sort of misconduct in this 1973 case (back when Debra was nine years old).

Officer Saldate, although your actions to this matter were encouraged by the woman involved, the situation became even more aggravated when she offered, and you agreed, to meet later for the purpose of engaging in an act of sexual intercourse. When you got off duty, you went to the meeting place, but left when you found she was not there.

Comment : Because of his personal motives Saldate refused to enforce the law, and allowed himself to be tempted into sexual actions with the woman. This went beyond a momentary weakness; the detective made plans to continue and worsen his unethical actions, and shows how easily Saldate altered his understanding of his professional duties when it served his personal purposes.

When you were interviewed by your supervisors concerning this incident, you specifically denied going to meet the woman after completing your shift.

Comment : Here he denied the actions he was accused of, and lied to his superior ...

In addition, you omitted some of the details of the incident regarding the liberties you took with the woman. This was discovered later when you were given a polygraph examination. You then admitted the complete details of your involvement and now realize your actions were grossly improper.

Comment : ... and only when he was caught lying about the incident with a polygraph test did he confess to the truth as it has happened. In other words, Saldate didn't care about the truth, was willing to cover up and lie for his personal convenience and motives, and only told the truth when cornered by his failed polygraph.

Officer Saldate, your past performance as a police officer has been satisfactory. However, because of this incident, your image of honesty, competency, and overall reliability must be questioned. Therefore, so must your value to the department be questioned.

Comment : In other words : despite the Police Department's recognition that Saldate's "image of honesty, competency, and overall reliability" must be questioned, his questionable, unsigned, unwitnessed, and not tape-recorded "confession" of Debra Milke was uncritically allowed into evidence at the Voluntariness Hearing, and served as the crucial - in fact, only - piece of evidence to gain her death penalty conviction.

Actions such as those you have exhibited while on duty, in full uniform, not only demonstrates extremely poor judgement and lack of concern for your profession, but also reflects directly upon the Phoenix Police Department as a whole, and will not be tolerated.

This suspension is intended to impress upon you the seriousness of your actions and to serve as a reminder that future infractions of this nature will result in more severe disciplinary action or dismissal.

This suspension was initiated by your supervisor, Sergeant K. Roberts and had the concurrence of Lieutenant E. Schnautz and Captain D. Haynes.