|
 A three-member panel ruled unanimously that retrying Debra Milke
for the murder of her son Christopher amounted to double jeopardy
and that the charges could not be refiled.
Milke, 50, was freed from prison in September 2013 after a federal
appeals court threw out the conviction for the murder of her child,
who was dressed in his best outfit and was told he was going to see
Santa Claus just days before Christmas.
Prosecutors sought a retrial, but the Arizona Court of Appeals cited
as a reason for dismissing the case "severe egregious prosecutorial
misconduct" that began before the original trial and continued years
later.
 Last year, the 9th U.S. Circuit Court of Appeals in San Francisco
ruled that prosecutors failed to disclose a history of misconduct,
including lying under oath, by the detective who solicited Milke's
alleged confession to arranging for her child's killing.
The confession, considered key to her conviction, was never
recorded. Milke has denied confessing and maintained her innocence.
Maricopa County Attorney Bill Montgomery said he would appeal the
ruling to the Arizona Supreme Court, saying errors were made in
determining the actual facts in the case.
"Justice and due process for Christopher is a right that he has,
too," he said at a news conference.
Milke's attorney Lori Voepel said his client was ecstatic.
[to top of second column] |
"It has been a long, hard road for Debra and it is time she be
allowed to move fully forward with her life," Voepel said.
Milke was convicted of murder, conspiracy to commit murder, child
abuse and kidnapping in 1990. She had sent her son to a Phoenix mall
to see Santa with her roommate, James Styers, court documents
stated.
Styers picked up his friend, Roger Scott, and instead of heading to
the mall, the two men drove to a secluded ravine where Styers shot
Christopher three times in the head.
Both men were separately convicted of first-degree murder and remain
on death row.
(Editing by Alex Dobuzinskis, Sandra Maler and Lisa Shumaker)
[© 2014 Thomson Reuters. All rights
reserved.] Copyright 2014 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
