POST-CONVICTION RELIEF PETITION in the DEBRA MILKE DEATH PENALTY CASE.
Mr. Rosenquist represented Debra Milke, after she was convicted of conspiiracy to murder her son and sentenced to death, and after her Direct Appeal to the Arizona Supreme Court was denied.
Mr. Rosenquist represented Debra in a"Post-Conviction-Relief Petition" (PCR), in State Court. After the Arizona Supreme Court affirmed her conviction, they issued an Execution Order. Mr. Rosenquist had the Execution Order stayed by the Federal Court, and filed a Habeas Corpus Petition.
The only evidence against Debra was a confession she porportedly made to a police officer, she always denied. The confession was suspect, because the officer did not record it, even though his supervisor told him to, and it was not witnessed, even though there was another police officer outside the room.
After months of investigating the officer's background, - Going through all the court cases the officer was involved in during his career, Mr. Rosenquist discovered eight cases where the officer was found to be lying by a Judge.
During the time Debra was in jail, the head Psychiatrist formed an opinion that Debra did not have the capacity or ability to kill her child. Debra was terrified of going to trial, so the psychiatrist worked with her, teaching her how to control her emotions. He was scheduled to testify at her trial, but the Judge did not allow it.
Therefore, the jury did not hear testimony of the police officer's record of lying, and did not hear the doctor testfy why she did not show any emotion at trial. This testimony was critical, because her guilt ended up being one of credibility: Believe Debra, or Believe the police officer.
However, the 9th Circuit Court of Appeaals reversed Debra's case, based on the jury not hearing the evidence of the officer's lying. Debra's case was eventually dismissed based on prosecutorial misconduct: The prosecutor's disregard of the officer's lying, and using the officer's testimony in other cases, without divulging his history of lying.
The last significant criminal trial Mr. Rosenquist handled was in Federal Court, where six people were charged with multiple counts of Security Fraud. They were accused of running a scheme that stole fourteen million dollars from investors. Mr. Rosenquist represented the vice-president of the company. The president of the company, who mastermined the scheme, agreed to testify against the other defendants. The trial lasted six weeks, and ended with a dead locked jury. A new trial was ordered 'only' against Mr. Rosenquist's client. In the interim Mr. Rosenquist negotiated with the District Attorney and FBI Agents, and obtained a result, where all charges were dismissed against his client, with prejudice.
The last significant civil trial Mr. Rosenquist handled was when he represented Meadowlark Lemon of Harlem Globetrotters fame, in a trial against the owner of the Globetrotters and FUBU (A clothing designer) for using his name, number, and image on a line of clothing, without his permission. The jury awarded Meadowlark $800,000.00 in damages.
The last significant civil settlement Mr. Rosenquist was involved in was a paraplegic injury case, against Maricopa County and the City of Phoenix. It was settled for $3.5 million.