Court rejects bid to retry former Arizona death row inmate

The Arizona Supreme Court paved the way for Debra Milke to walk free after spending more than two decades on death row, convicted of murdering her four-year-old son.

Two men are already slated to die for the murder of Christopher Milke.

Milke has always maintained her innocence, claiming she was a victim of misconduct by a former Phoenix Police detective, and the Arizona Supreme Court agreed.

The ruling upholds a decision by the Arizona Court of Appeals. The ruling was just a few words long, but it means the case against Debra Milke has officially fallen apart.

The Arizona Supreme Court ruled Debra Milke cannot be tried again because of misconduct by the prosecutor back in the 1980's, for not letting Milke's lawyers know about a history of lying under oath by their star witnesses, former Phoenix Police Detective Armando Saldate.

Saldate's the only one who claimed Milke confessed to killing her son, only he didn't tape-record her, had no witnesses, and threw away all his notes.

So Milke did over two decades on death row and putting Milke on trial against would be double jeopardy, legalese for you can't be tried twice for the same offense.

The decades-long legal saga sickens private investigator Paul Huebl, who argued for years that Milke's conviction was a miscarriage of justice.

"This has been for her a 26-year nightmare that has taken the very best part of her life and put it right in the trash can," said Paul Huebl.

In a statement, Milke's attorneys say, "Debra is relieved that justice has finally been done in her case and that she has been vindicated."

Maricopa County Attorney Bill Montgomery issued his own statement. "The denial of our petition for review is a dark day for Arizona's Criminal Justice System. The Arizona Supreme Court has deprived crime victims, particularly Christopher Milke, of their rights to fairness, due process, and justice."

Milke has been out of prison since 2013, as soon as next week the case against her will likely be dismissed, her ankle monitoring bracelet will come off, and she will walk away a free woman.

Last week Milke filed a lawsuit against the Maricopa County Attorney's Office, and the City of Phoenix for what she claims is conduct leading to her wrongful imprisonment.

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