PHOENIX — The state Court of Appeals will hear arguments in April
regarding an Arizona mother whose 1990 conviction in the killing of her son was
Authorities said Debra Milke had two men shoot her 4-year-old son in 1989. But
after more than two decades on death row, an appeals court overturned the
conviction last year. Milke is free on bond.
The state’s key witness — a detective who told jurors Milke confessed — is
refusing to testify again, meaning the purported confession likely can’t be used
at her 2015 retrial. Milke has denied involvement.
Prosecutors are asking the appellate court to overturn a judge’s decision that
allowed the detective to assert his Fifth Amendment right.
Oral arguments were set for Tuesday but have been rescheduled for April 9.