PHOENIX — Maricopa County’s top prosecutor said his office is preparing
for a retrial of an Arizona death row inmate whose conviction was overturned in
County Attorney Bill Montgomery said Wednesday prosecutors are assessing their
options in the Debra Milke case but added authorities are “preparing to go to
However, Montgomery also said his office has not ruled out seeking an
out-of-court resolution to the case.
Milke was convicted in 1990 for sending her 4-year-old son off to visit a mall
Santa Claus with two men who shot the boy execution-style in the desert. She was
sentenced to death.
A panel of the 9th U.S. Circuit Court of Appeals overturned the conviction,
concluding prosecutors failed to provide key evidence to her defense that could
have swayed the jury.