A woman who spent 25 years in jail for the murder of her son has been
declared innocent.. Debra Jean Milke was convicted and sentenced to die
for the brutal murder of her four-year-old son.
Milke was released from jail in 2013 after 22 years on Arizona's death row, but still faced the possibility of a retrial and remained free on bail with an electronic monitoring bracelet.
On Monday, Maricopa County Superior Court before Judge Rosa Mroz found that there was not enough evidence to take the case against Milke to trial. She ordered the charges dismissed with prejudice - meaning she cannot be re-tried.
The hearing took just two minutes, according to KSAZ-TV.
Milke, 51, hugged her lawyer and her supporters and sobbed as she left the courtroom today.
Milke's conviction was based almost entirely on Phoenix police Detective Armando Saldate's claims that she had confessed to him that she plotted to killed her son Christopher. The confession was never recorded and it was later revealed that Saldate had a history of fabricating evidence and lying under oath.
In December 1989, Milke dressed her son in his favorite outfit and sent him off to the mall to see Santa Claus in the care of her roommate, James Styers. Styers later picked up Roger Scott and the two men drove Christopher into the desert and shot him three times in the back of the head.
Prosecutors argued that Milke no longer wanted Christopher, but hated his father so much that she didn't want to give up custody of the boy. At the time of his arrest, Scott claimed that Milke had discussed splitting the boy's $50,000 life insurance policy with him - but later recanted that statement.
Styers and Scott were convicted and sentenced to death for the murder.
The refused to testify against Milke and now maintain she had nothing to
do with the little boy's death.
Both men are awaiting execution.
In 2013, the 9th Circuit Court of Appeal found 'serious doubts on the validity of the Defendant’s alleged confession' based on allegations of Saldate's past misconduct.
Milke was released from jail in 2013 after 22 years on Arizona's death row, but still faced the possibility of a retrial and remained free on bail with an electronic monitoring bracelet.
On Monday, Maricopa County Superior Court before Judge Rosa Mroz found that there was not enough evidence to take the case against Milke to trial. She ordered the charges dismissed with prejudice - meaning she cannot be re-tried.
The hearing took just two minutes, according to KSAZ-TV.
Milke, 51, hugged her lawyer and her supporters and sobbed as she left the courtroom today.
Milke's conviction was based almost entirely on Phoenix police Detective Armando Saldate's claims that she had confessed to him that she plotted to killed her son Christopher. The confession was never recorded and it was later revealed that Saldate had a history of fabricating evidence and lying under oath.
In December 1989, Milke dressed her son in his favorite outfit and sent him off to the mall to see Santa Claus in the care of her roommate, James Styers. Styers later picked up Roger Scott and the two men drove Christopher into the desert and shot him three times in the back of the head.
Prosecutors argued that Milke no longer wanted Christopher, but hated his father so much that she didn't want to give up custody of the boy. At the time of his arrest, Scott claimed that Milke had discussed splitting the boy's $50,000 life insurance policy with him - but later recanted that statement.
Both men are awaiting execution.
In 2013, the 9th Circuit Court of Appeal found 'serious doubts on the validity of the Defendant’s alleged confession' based on allegations of Saldate's past misconduct.
