A mother from Arizona who spent 22 years on death row has been cleared of murder charges for the death of her son, a state appeals court ruled Thursday.
Debra Jean Milke was sentenced to death following a 1990 conviction for killing her 4-year-old son Christopher the year before, the Associated Press reported. Milke, who maintained her innocence, argued that being retried would amount to double jeopardy, an argument upheld by the Arizona Court of Appeals.
The court also admonished the state's criminal justice system, accusing Maricopa County prosecutors of withholding key evidence that could have aided Milke's defense while basing the case on the testimony of a detective with a history of lying.
"Nondisclosure of this magnitude calls into question the integrity of the system and was highly prejudicial to Milke," the three-judge panel wrote, according to the AP. "In these circumstances- which will hopefully remain unique in the history of Arizona law- the most potent constitutional remedy is required."
Police say that in December of 1989, Milke dressed her son in his favorite outfit and said he was going to the mall to see Santa Clause. Two now convicted men took her son to the desert outside Phoenix and shot him in the back of the head, the AP reported.
A since-retired Phoenix detective named Armando Saldate said Milke confessed to the crime, a statement Milke said she never made. But Saldate's credibility has been marred by an alleged history of lying under oath and accusations of civil rights violations, the AP reported.
In March 2013, the 9th U.S. Circuit Court of Appeals tossed out Milke's murder conviction, citing Saldate's previous misconduct. Maricopa County prosecutors sought to re-file the charges, but the detective said he was afraid of being charged for the alleged misconduct if he testifies at the re-trial. He did not return the AP's request for comment.
Meanwhile, lawyers for Milke argued for the case's dismissal based on the fact that "the only direct evidence linking defendant to the crimes is the defendant's alleged confession to Saldate," according to a motion.
"We're all thrilled," Lori Voepel, who represented Milke during the appeal, told the AP after Thursday's decision. "We still have a gag order so we can't say much more than we're all thrilled with the opinion."
Prosecutors will appeal the ruling to the Arizona Supreme Court, according to The Arizona Republic.
Milke, now 50, has been out on bail since September 2013.
