Prosecutors say they plan to re-try Debra Milke, a death-row inmate whose murder conviction was overturned four months ago. (Source: Arizona Department of Corrections)
PHOENIX (CBS5) -
Prosecutors have formally told a court that they plan to retry an Arizona death row inmate whose conviction was overturned by a federal appeals court four months ago.
The Maricopa County Attorney's Office filed the notice Monday, but didn't say whether they intend to seek the death penalty.
Debra 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 Milke's conviction on March 14. The court concluded that prosecutors failed to provide key evidence to her defense that could have swayed the jury.
The 49-year-old Milke has always maintained her innocence in the case.
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