Prosecutor says retrial planned for Debra Milke

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Debra Milke By Andrew Michalscheck Debra Milke By Andrew Michalscheck

PHOENIX (AP) -- Maricopa County's top prosecutor says his office is preparing for a retrial of an Arizona death row inmate whose conviction was overturned in March.

County Attorney Bill Montgomery said Wednesday prosecutors are assessing their options in the Debra Milke case but added authorities are "preparing to go to trial."

However, Montgomery also says his office has not ruled out seeking an out-of-court resolution to the case.

Milke was convicted in 1990 for sending her 4-year-old son off to visit a mall Santa Claus with two men who shot the boy execution-style in the desert. She was sentenced to death.

A panel of the 9th U.S. Circuit Court of Appeals overturned the conviction, concluding prosecutors failed to provide key evidence to her defense that could have swayed the jury.