Longtime death row inmate Debra Milke closer to release - Tucson News Now

ONLY ON CBS5AZ.COM

Longtime death row inmate Debra Milke closer to release

Debra Milke has been on death row for more than 20 years. Debra Milke has been on death row for more than 20 years.
PHOENIX (CBS5) -

The Ninth Circuit Court of Appeals has denied a motion from Arizona Attorney General Tom Horne to reconsider the ruling that threw out the murder conviction of Debra Milke.

Milke has been in Arizona's death row for more than 20 years. She was convicted of killing her 4-year-old son in 1989.

In March, the Ninth Circuit Court of Appeals threw out Milke's conviction and death sentence, saying the case was tainted by a detective with a history of lying under oath. The Appeals panel ruled that the prosecution failed to disclose information about Detective Armando Saldate's past misconduct. Saldate testified that Milke confessed to plotting her son's murder. Milke denied she ever confessed and denied having any involvement in her son's murder.

Today's ruling by the 9th Circuit Court of Appeals lets stand the court's decision in March.

If the attorney general does not appeal to the Supreme Court, then the death sentence is essentially off the table and they have to go back to the Ninth Circuit Court to talk the merits of the case.  If there is nothing more or new that they can offer showing that she should, in fact, be on death row, then the case will have to be sent to the Maricopa County Attorney's Office to determine if they want to retry Milke altogether.

Stay with cbs5az.com for updates on this developing story.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

  • Local newsMore>>

  • HAPPENING NOW: Water main break closes part of Mission road

    HAPPENING NOW: Water main break closes part of Mission road

    Monday, May 29 2017 12:30 AM EDT2017-05-29 04:30:20 GMT
    Source: Tucson WaterSource: Tucson Water

    A water main break closes a stretch of road on the southwest side. Tucson Water says northbound lanes on Mission road near Ajo Way will be closed while crews respond to the break. 

    A water main break closes a stretch of road on the southwest side. Tucson Water says northbound lanes on Mission road near Ajo Way will be closed while crews respond to the break. 

  • WWII veteran Helen Glass to help with Evergreen Memorial Day event

    WWII veteran Helen Glass to help with Evergreen Memorial Day event

    Monday, May 29 2017 12:09 AM EDT2017-05-29 04:09:35 GMT
    Glass, a veteran herself, has volunteer with various veterans organizations for decades (Source: Tucson News Now).Glass, a veteran herself, has volunteer with various veterans organizations for decades (Source: Tucson News Now).

    Local volunteer and World War II Navy veteran Helen Anderson Glass wants to remind the community how Memorial Day should be observed.

    Local volunteer and World War II Navy veteran Helen Anderson Glass wants to remind the community how Memorial Day should be observed.

  • Arizona softball's season ends after 6-5 loss to Baylor

    Arizona softball's season ends after 6-5 loss to Baylor

    Sunday, May 28 2017 10:10 PM EDT2017-05-29 02:10:28 GMT
    Source: KOLDSource: KOLD

    The University of Arizona Softball team lost 6-5 to Baylor on Sunday evening at Rita Hillenbrand Memorial Stadium in Tucson. The loss ends the Wildcats' season as they have been knocked out of the 2017 Women's College World Series in the super regional round. 

    The University of Arizona Softball team lost 6-5 to Baylor on Sunday evening at Rita Hillenbrand Memorial Stadium in Tucson. The loss ends the Wildcats' season as they have been knocked out of the 2017 Women's College World Series in the super regional round. 

Powered by Frankly