Debra Milke case: Defense wants prosecutors dismissed - New York News

Debra Milke case: Defense wants prosecutors dismissed

Posted: Updated:
Debra Milke Debra Milke
PHOENIX -

The legal wrangling continues in the case of Debra Milke. She served over 20 years on death row for killing her 4-year-old son.

But several months ago a federal appeals court threw out her conviction.

Now the defense is battling to throw prosecutors off the case, claiming they want to re-try Milke for political reasons.

Two men are on death row for killing little Christopher Milke after telling him he was going to see Santa Claus at the mall. Until recently Debra Milke was as well.

But her conviction was tossed because the federal court said prosecutors in 1990 didn't tell Milke's defense that the detective who said she confessed her guilt to him had a long record of lying under oath.

The prosecutor began Friday by claiming the 9th Circuit Federal Appeals Court got its facts wrong when it threw out Debra Milke's conviction and ordered a new trial.

The judge pointed out the federal judges' opinion is binding and if a new trial doesn't start by October 7th Debra Milke must be released from behind bars.

Then the defense and prosecutors sparred over whether the Maricopa County Attorney's Office should be disqualified from the case. The judge said she'd decide on that next week.

Then, as people started to file out of the courtroom, Arizona Milke, Debra Milke's former husband and father of victim Christopher Milke, asked the prosecutor to give a file of papers to the judge.

"I have no safeguards, no protection against threats, harassment by any other agencies," said Arizona Milke.

"Ok this is what I would say Mr. Milke. I know you are the victim's father. It is not the appropriate time for me to consider whatever is in there at this point," said Judge Rosa Mroz.

And with that, court ended.

Another battle is brewing in the next month: the defense wants any testimony from Armando Saldate -- the former Phoenix Police detective who claims he got that confession -- kept out of any retrial of Debra Milke.

And if prosecutors don't have that, it may be difficult to convince another jury of her guilt.

Follow this story:


Didn't find what
you were looking for?

  • Local NewsLocal NewsMore>>

  • Times Square, 1 WTC go gold for childhood cancer awareness

    Times Square, 1 WTC go gold for childhood cancer awareness

    Tuesday, September 2 2014 10:20 PM EDT2014-09-03 02:20:23 GMT
    Things are looking up for cute little Cami King. Not only is her cancer in remission, she also just got to meet Mickey, Minnie and Elmo in Times Square. But, if you can believe it, there's something else this 4-year-old is even more excited about: Times Square is going gold. The chairman of the Times Square Advertising Coalition announced the crossroads of the world is going to light up in gold to raise awareness for pediatric cancer research.
    Things are looking up for cute little Cami King. Not only is her cancer in remission, she also just got to meet Mickey, Minnie and Elmo in Times Square. But, if you can believe it, there's something else this 4-year-old is even more excited about: Times Square is going gold. The chairman of the Times Square Advertising Coalition announced the crossroads of the world is going to light up in gold to raise awareness for pediatric cancer research.
  • Lawyer says family of girl with Uzi is devastated

    Lawyer says family of girl with Uzi is devastated

    Tuesday, September 2 2014 10:00 PM EDT2014-09-03 02:00:24 GMT
    An attorney for the parents of a 9-year-old girl who accidentally killed an Arizona shooting range instructor with an Uzi say the family is devastated by the tragedy that occurred on a brief excursion during a...
    An attorney for the parents of a 9-year-old girl who accidentally killed an Arizona shooting range instructor with an Uzi say the family is devastated by the tragedy that occurred on a brief excursion during a vacation.
  • Deadly crash in Lincoln Tunnel

    Deadly crash in Lincoln Tunnel

    Tuesday, September 2 2014 8:15 PM EDT2014-09-03 00:15:54 GMT

    Officials say a New Jersey man has died from injuries he suffered in a chain-reaction crash inside one of the tubes of the Lincoln Tunnel.  Port Authority of New York and New Jersey police spokesman Joe Pentangelo says the 49-year-old Summit resident was among three people hurt in the accident.


    Officials say a New Jersey man has died from injuries he suffered in a chain-reaction crash inside one of the tubes of the Lincoln Tunnel.  Port Authority of New York and New Jersey police spokesman Joe Pentangelo says the 49-year-old Summit resident was among three people hurt in the accident.



Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | New Terms of Service What's new | Ad Choices