Debra Milke seeks to disqualify prosecutors

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by Associated Press

Video report by Mike Watkiss

Posted on August 23, 2013 at 7:27 PM

Updated Friday, Aug 23 at 7:40 PM

PHOENIX (AP) -- Oral arguments were held Friday in the case of an Arizona woman whose conviction was overturned in the death of her 4-year-old son.

Debra Milke is seeking to disqualify the Maricopa County Attorney's Office from the case. She claims the office is pursuing it 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 testified at her trial that she confessed to him in a private interrogation room.

Milke has maintained her innocence.

Her retrial is scheduled for Sept. 30.

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