Judge won't dismiss charges in son killing case - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Judge won't dismiss charges in son killing case

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Debra Milke Debra Milke
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By BRIAN SKOLOFF
Associated Press

PHOENIX (AP) - A judge has denied a motion to dismiss the case against an Arizona woman in the killing of her son based on arguments that a retrial amounts to double jeopardy.

Debra Milke was convicted in 1990 for having two men kill her 4-year-old son. But after more than two decades on death row, an appeals court overturned her conviction in March. The panel cited the prosecution's failure to reveal evidence that could have called into question the credibility of the state's key witness - a detective who told jurors she confessed.

Defense attorneys argued that amounted to misconduct and should bar retrial under her constitutional right against being tried twice for the same offense.

Prosecutors countered that there was no proof the state intentionally deceived Milke's attorneys.

Retrial is now set for 2015.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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