Appeals court arguments delayed in son killing

Appeals court arguments delayed in son killing

Appeals court arguments delayed in son killing

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by Associated Press

azfamily.com

Posted on March 4, 2014 at 1:53 PM

PHOENIX (AP) -- The state Court of Appeals will hear arguments in April regarding an Arizona mother whose 1990 conviction in the killing of her son was overturned.

Authorities say Debra Milke had two men shoot her 4-year-old son in 1989. But after more than two decades on death row, an appeals court overturned the conviction last year. Milke is now free on bond.

The state's key witness - a detective who told jurors Milke confessed - is refusing to testify again, meaning the purported confession likely can't be used at her 2015 retrial. Milke has denied involvement.

Prosecutors are asking the appellate court to overturn a judge's decision that allowed the detective to assert his Fifth Amendment right.

Oral arguments were set for Tuesday but are now scheduled for April 9.

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