Debra Milke seeks to disqualify prosecutors

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by The Associated Press

Video report by Ryan O'Donnell

Posted on August 23, 2013 at 6:41 AM

Updated Tuesday, Aug 27 at 11:39 AM

PHOENIX (AP) -- Oral arguments are set Friday afternoon in the case of a 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, claiming 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. 

Her 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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