PHOENIX — A judge won’t reconsider her ruling that denied a motion to
dismiss the case against an Arizona mother charged with having her 4-year-old
son killed in 1989.
Debra Milke was found guilty of murder in 1990, but a federal appeals court
last year overturned her conviction after she spent more than two decades on
death row. A retrial is set for 2015.
Milke has since been released on bond.
Judge Rosa Mroz in January denied a defense motion to dismiss the case based on
double jeopardy. Milke’s attorneys had argued that prosecutors committed
misconduct during the original trial, and that should bar a retrial under the
This week, Mroz denied a defense motion to reconsider her January ruling.
Defense lawyers are separately seeking dismissal based on lack of evidence.