Milke to be held without bond pending her retrial

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By Catherine Holland By Catherine Holland
By Andrew Michalscheck By Andrew Michalscheck

PHOENIX (AP) -- An Arizona death row inmate whose conviction was overturned by a federal appeals court in March will be held without bond pending her retrial.

A July 17 status conference is scheduled in the Debra Milke case.

The Maricopa County Attorney's Office filed notice Monday to retry Milke and court officials say the prosecution will "continue in its intent to seek the death penalty."

The 49-year-old Milke was sentenced to death 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 in 1989.

Prosecutors say Milke had her son killed to collect on a $5,000 insurance policy.

The 9th U.S. Circuit Court of Appeals ruled prosecutors failed to provide key evidence to her defense that could've swayed jurors.

Milke, who was admitted to the Arizona State Prison Complex at Perryville in 1991, was transferred from Maricopa County's  Fourth Avenue Jail to the Estrella Jail Friday morning.

Milke will stay at the Estrella facility while her case once again makes its way through the court system. Estrella houses about 1,000 inmates, most of whom are women.