Arizona prosecutors win appeal in son killing case

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Associated Press

Posted on April 17, 2014 at 2:05 PM

Updated Thursday, Apr 17 at 2:06 PM

PHOENIX (AP) — Prosecutors in the case against an Arizona mother charged with having her son killed in 1989 have won an appeal that will force the state's star witness to testify again at the woman's 2015 retrial.

Authorities say Debra Milke had two men kill her 4-year-old son. But a federal appeals court last year overturned her murder conviction. She has since been free on bond.

The case against her rested largely on her purported confession, which a now-retired detective did not record. His credibility has been questioned by the federal appeals court that overturned Milke's conviction. The former detective was refusing to testify again at her 2015 retrial.

The state Court of Appeals on Thursday overturned a judge's ruling that allowed the retired officer to assert his Fifth Amendment right.

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