Judge refuses to oust prosecutors in Milke case - FOX 35 News Orlando

Judge refuses to oust prosecutors in Milke case

Debra Milke Debra Milke

PHOENIX (AP) - A judge has refused to disqualify the Maricopa County Attorney's Office from the case of an Arizona woman whose conviction was overturned in the death of her 4-year-old son.

Judge Rosa Mroz of Maricopa County Superior Court rejected the request by Debra Milke's lawyers. They claimed the office is pursuing the cases purely for political reasons.

Milke was convicted and sentenced to death in 1990 for sending her son off to visit a mall Santa Claus with two men who fatally shot the boy in the desert.

The conviction was overturned in March after an appeals court found prosecutors hadn't turned over evidence of misconduct by a police detective. The detective had testified that Milke confessed to him.

Milke has maintained her innocence.

Her retrial is scheduled for Sept. 30.

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Copyright 2013 The Associated Press modified.

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