After 22 Years On Death Row For "Killing Here Son," Arizona Woman's Case Dismissed

Debra Milke

http://en.wikipedia.org/wiki/Debra_Milke

Arizona court tosses case against woman in 1989 son's killing

BY DAVID SCHWARTZ

PHOENIX Thu Dec 11, 2014

(Reuters) - A Phoenix woman who spent more than 22 years on death row on a conviction of conspiring to murder her 4-year-old son in 1989 had the case against her dismissed on Thursday by the Arizona Court of Appeals.

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.

An attorney for Milke was not immediately available for comment.

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.