PHOENIX (AP) — An Arizona woman is getting her first taste of freedom in more than two decades after an appeals court overturned her murder conviction, setting the stage for a retrial as prosecutors seek to put her back on death row.
Debra Milke walked out of the Maricopa County Sheriff’s jail Friday after supporters posted her $250,000 bond.
The 9th Circuit Court of Appeals overturned her conviction in March, ruling that prosecutors should have disclosed information that cast doubt on the credibility of a now-retired detective who said Milke confessed to being involved in the killing of her 4-year-old son, Christopher.
The 49-year-old Milke has not been exonerated, but a judge allowed her to could go free while she prepares for a new trial in a case that made her one of Arizona’s most reviled inmates.
Milke was convicted in the death of her son who authorities believe was killed for a $5,000 insurance payout. Police said Milke dressed the boy in his favorite outfit in December 1989, telling him he was going to see Santa Claus at a mall before handing him over to two men who took the child into the desert and shot him. She had been imprisoned since 1990.
A defense lawyer told the judge last week that Milke would live in a Phoenix-area home purchased by supporters.
Prosecutors declined to comment on Milke’s possible release and have not appealed the bond order.
Milke, whose mother was a German who married a U.S. Air Force military policeman in Berlin in the early 1960s, has drawn strong support from citizens of that nation and Switzerland, neither of which has the death penalty.
Max Krucker, former president of the Swiss community where Milke’s mother now lives, said Renate Janka was “ecstatic” Friday about the possibility that her daughter would be released. She was planning to fly to Arizona as early as Saturday, Krucker said.