Judge denies double jeopardy argument in Milke retrial - WLOX.com - The News for South Mississippi

UPDATE

Judge denies double jeopardy argument in Milke retrial

Posted: Updated:
Debra Milke. (Source: Arizona Department of Corrections) Debra Milke. (Source: Arizona Department of Corrections)
PHOENIX (CBS5/AP) -

A Maricopa County Superior Court judge ruled she will not bar a retrial for a woman who spent more than two decades on death row for killing her son before having her conviction overturned.

Lawyers wanted the judge to bar a retrial of Debra Milke in the killing of her son on grounds that it amounts to double jeopardy.

Judge Rosa Mroz said in her ruling on Tuesday that a conviction reversal doesn't generally bar a retrial.

[PDF: Read the judge's complete ruling]

Milke was released from prison on bond in September. She was convicted in 1990 of having two men kill her 4-year-old son.

The 9th U.S. Circuit Court of Appeals overturned her conviction in March. The panel cited the prosecution's failure to turn over evidence that called into question the credibility of the state's key witness - a detective who told jurors Milke confessed.

Milke's attorneys say a retrial should be barred because of prosecutors' misconduct.

Prosecutors argue they may have made mistakes but did not intentionally deceive Milke's lawyers.

"Based on the existing information, the court cannot conclude that the prosecutor intentionally engaged in conduct which he knew to be improper, or that he did so with indifference, if not a specific intent, to prejudice the defendant," Mroz wrote in her ruling. 

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.

  • UPDATEJudge denies double jeopardy argument in Milke retrialMore>>

  • Sidebar: Debra Milke case

    Wednesday, December 18 2013 1:17 PM EST2013-12-18 18:17:21 GMT
    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >>
    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >>
  • Most Popular StoriesMost Popular StoriesMore>>

  • Huge alligator snapping turtle set free

    Huge alligator snapping turtle set free

    Tuesday, April 15 2014 12:27 PM EDT2014-04-15 16:27:58 GMT
    There is good news for an alligator snapping turtle that was rescued from a drainage ditch a week ago. "Snappy," as the rescuers referred to the reptile, has been set free.More >>
    There is good news for an alligator snapping turtle that was rescued from a drainage ditch a week ago. "Snappy," as the rescuers referred to the reptile, has been set free.More >>
  • Rural hospital lays off employees, cuts hours to stay afloat

    Rural hospital lays off employees, cuts hours to stay afloat

    Thursday, April 17 2014 6:53 AM EDT2014-04-17 10:53:07 GMT
    Like many rural hospitals in our state, Pearl River County Hospital and Nursing Home is struggling.More >>
    Layoffs. Reduced hours. These are some of the sacrifices a South Mississippi hospital is having to make to keep the doors open. Like many rural hospitals in our state, Pearl River County Hospital and Nursing Home is struggling.More >>
  • Police prepare for another spring break weekend

    Police prepare for another spring break weekend

    Thursday, April 17 2014 12:39 AM EDT2014-04-17 04:39:37 GMT
    Barricades and yellow caution tape remain up throughout Gulfport and Biloxi in preparation for another Spring Break weekend. This weekend is a little different though because no one knows how many springMore >>
    The coast is preparing for another weekend of Spring Break festivities. At this point though no one knows exactly what to expect in terms of crowd size. There are several events listed on a Facebook page promoting spring break for April 18th through the 20th including a performance by rapper Lil Boosie.More >>
Powered by WorldNow

208 DeBuys Road
Biloxi, MS 39531
(228) 896-1313

FCC Public File
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and WLOX. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.