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Arizona woman who spent nearly half her life on death row will not face retrial Arizona woman who spent nearly half her life on death row will not face retrial
(35 minutes later)
Murder charges were formally dismissed on Monday against an Arizona woman who spent nearly half her life on death row for the killing of her four-year-old son in a case that rested on the work of a disgraced detective with a history of misconduct.Murder charges were formally dismissed on Monday against an Arizona woman who spent nearly half her life on death row for the killing of her four-year-old son in a case that rested on the work of a disgraced detective with a history of misconduct.
Related: Arizona death row inmate Debra Milke released to await retrialRelated: Arizona death row inmate Debra Milke released to await retrial
Debra Jean Milke, 51, appeared in Maricopa County superior court for a brief hearing, during which Judge Rosa Mroz dropped the murder charges against her and ordered a probation officer to remove the monitoring device wrapped around her ankle. Milke wept and hugged her supporters as she left the courtroom.Debra Jean Milke, 51, appeared in Maricopa County superior court for a brief hearing, during which Judge Rosa Mroz dropped the murder charges against her and ordered a probation officer to remove the monitoring device wrapped around her ankle. Milke wept and hugged her supporters as she left the courtroom.
Milke was convicted of the murder of her son Christopher in 1990 and later sentenced to death . Prosecutors argued in court that Milke recruited two male friends to kill her son in December 1989 so she could collect an insurance policy on him. Authorities said they told the four-year-old they were taking him to the mall to see Santa Claus, but instead took him to the desert and killed him. Milke was convicted of the murder of her son Christopher in 1990 and later sentenced to death. Prosecutors argued in court that Milke recruited two male friends to kill her son in December 1989 so she could collect an insurance policy on him. Authorities said they told the four-year-old they were taking him to the mall to see Santa Claus, but instead took him to the desert and killed him.
Milke has maintained her innocence and repeatedly denied confessing to her son’s murder. The two men were convicted of the boy’s murder and remain on death row. Neither would testify against Milke.Milke has maintained her innocence and repeatedly denied confessing to her son’s murder. The two men were convicted of the boy’s murder and remain on death row. Neither would testify against Milke.
The now-disgraced Phoenix police detective Armando Saldate claimed Milke confessed to arranging her son’s murder.The now-disgraced Phoenix police detective Armando Saldate claimed Milke confessed to arranging her son’s murder.
This confession formed the bedrock of the case against Milke.This confession formed the bedrock of the case against Milke.
Saldate did not record the interrogation, and no witnesses were present to confirm the confession. At the time, defense attorneys did not have access to the detective’s personnel records, which showed a history of misconduct.Saldate did not record the interrogation, and no witnesses were present to confirm the confession. At the time, defense attorneys did not have access to the detective’s personnel records, which showed a history of misconduct.
Milke’s conviction and death sentence were thrown out two years ago by the US ninth circuit court of appeals, citing “egregious prosecutorial misconduct”.Milke’s conviction and death sentence were thrown out two years ago by the US ninth circuit court of appeals, citing “egregious prosecutorial misconduct”.
The appeals court wrote in the damning ruling that the litany of violations in the case were “a severe stain on the Arizona justice system”.The appeals court wrote in the damning ruling that the litany of violations in the case were “a severe stain on the Arizona justice system”.
The Arizona supreme court last week rejected appeals by the Maricopa County attorney’s office to retry the case and compel the detective to testify. Following the decision, Maricopa County attorney Bill Montgomery last week called it “a dark day for Arizona’s criminal justice system”.The Arizona supreme court last week rejected appeals by the Maricopa County attorney’s office to retry the case and compel the detective to testify. Following the decision, Maricopa County attorney Bill Montgomery last week called it “a dark day for Arizona’s criminal justice system”.
Saldate has refused to testify in a retrial on the grounds that accusations made in the appeals court’s ruling could be used to bring federal charges against him, though authorities have said they have no intention of doing that.Saldate has refused to testify in a retrial on the grounds that accusations made in the appeals court’s ruling could be used to bring federal charges against him, though authorities have said they have no intention of doing that.
In mid-March, Milke’s attorneys filed a lawsuit seeking damages from the city of Phoenix, Maricopa County and numerous individuals involved in the case, including Saldate. In the complaint, she contends authorities violated her civil rights by denying her a fair trial. She also alleges that she was a victim of “malicious prosecution”.In mid-March, Milke’s attorneys filed a lawsuit seeking damages from the city of Phoenix, Maricopa County and numerous individuals involved in the case, including Saldate. In the complaint, she contends authorities violated her civil rights by denying her a fair trial. She also alleges that she was a victim of “malicious prosecution”.
The lawsuit alleges that Milke’s statements were “obtained, twisted and manipulated” against her. It also states that Milke’s confession was fabricated, and that she never actually confessed to the murder or her son.The lawsuit alleges that Milke’s statements were “obtained, twisted and manipulated” against her. It also states that Milke’s confession was fabricated, and that she never actually confessed to the murder or her son.
“After spending over 30 hours frantically waiting for any word on her son’s fate, Ms Milke was brought down to the local police precinct to be interviewed by Detective Armando Saldate, a Phoenix police department detective with a long history of lying under oath and coercing confessions,” the complaint said.“After spending over 30 hours frantically waiting for any word on her son’s fate, Ms Milke was brought down to the local police precinct to be interviewed by Detective Armando Saldate, a Phoenix police department detective with a long history of lying under oath and coercing confessions,” the complaint said.
“In one breath, Detective Saldate took Ms Milke’s nightmare from one level to the next: ‘We found your son. He was murdered. And you’re under arrest.’”“In one breath, Detective Saldate took Ms Milke’s nightmare from one level to the next: ‘We found your son. He was murdered. And you’re under arrest.’”
With the removal of the ankle device on Monday, Milke was free to pick up the pieces of a life she left behind more than two decades ago.With the removal of the ankle device on Monday, Milke was free to pick up the pieces of a life she left behind more than two decades ago.