ACLU condemns decision for Milke retrial - KTRE.com | Lufkin and Nacogdoches, Texas

ACLU condemns decision for Milke retrial

Prosecutors say they plan to retry Debra Milke, a death-row inmate whose murder conviction was overturned four months ago. (Source: Arizona Department of Corrections) Prosecutors say they plan to retry Debra Milke, a death-row inmate whose murder conviction was overturned four months ago. (Source: Arizona Department of Corrections)

The ACLU of Arizona is condemning a decision 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. [Read Intent to Retry document (PDF)]

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 Ninth 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 courts have been clear that Debra's constitutional rights were violated," said Dan Pachoda, legal director of the ACLU of Arizona.

"The decision by Bill Montgomery to retry her is an extreme example of misuse of prosecutorial power in a apparent attempt to cover for the illegal use of such power by the county attorney's office during the 1990 trial," Pachoda said. [Read the entire ACLU news release (PDF)] 

Milke, 49, has always maintained her innocence in the case.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.

  • ACLU condemns decision for Milke retrialMore>>

  • Sidebar: Debra Milke case

    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >>
    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >>
  • East Texas NewsMore>>

  • Community rallies behind newborn after overcoming obstacles left behind by Hurricane Harvey

    Community rallies behind newborn after overcoming obstacles left behind by Hurricane Harvey

    Sunday, September 24 2017 7:23 PM EDT2017-09-24 23:23:50 GMT
    (Source: Crystal Sepulvado)(Source: Crystal Sepulvado)

    When Crystal and Shane Sepulvado learned they were pregnant with their third child, they were ecstatic. But immediately Crystal knew something was not right, as relied on her experience working at an OB-GYN office. "When we looked at the ultrasound, we has seen fluid around her heart," Crystal said. Doctors later explained to the couple that their unborn child had a hole between her ventricles. With an early pregnancy, the couple was rushed to Houston,...

    More >>

    When Crystal and Shane Sepulvado learned they were pregnant with their third child, they were ecstatic. But immediately Crystal knew something was not right, as relied on her experience working at an OB-GYN office. "When we looked at the ultrasound, we has seen fluid around her heart," Crystal said. Doctors later explained to the couple that their unborn child had a hole between her ventricles. With an early pregnancy, the couple was rushed to Houston,...

    More >>
  • Defense questions investigator in third day of Henderson trial

    Defense questions investigator in third day of Henderson trial

    Friday, September 22 2017 7:19 PM EDT2017-09-22 23:19:49 GMT
    James Henderson's defense attorney, Stanley Sokolowski, started off the third day of court by questioning the state's witness, Investigator Bill Rulland. The cross examination lasted most of the morning and even a little into the afternoon. According to Investigator Michael Molnes, with the Houston County Sheriff's Office, Sokolowski attempted to discredit Brenna Theuer's witness testimony, as well as testimony from Robert Mobley.  The trial is expected to head into closing arg...More >>
    James Henderson's defense attorney, Stanley Sokolowski, started off the third day of court by questioning the state's witness, Investigator Bill Rulland. The cross examination lasted most of the morning and even a little into the afternoon. According to Investigator Michael Molnes, with the Houston County Sheriff's Office, Sokolowski attempted to discredit Brenna Theuer's witness testimony, as well as testimony from Robert Mobley.  The trial is expected to head into closing arg...More >>
  • Tar-covered tires stick to parking lot of Lufkin tire shop

    Tar-covered tires stick to parking lot of Lufkin tire shop

    Friday, September 22 2017 7:09 PM EDT2017-09-22 23:09:01 GMT
    More than a few tar-covered tires are hanging on to the parking lot of a Lufkin tire shop.  On August 31, newly laid asphalt on Loop 287 started sticking to tires of those driving, leaving many of the cars un-driveable. As of Friday, the Texas Department of Transportation hadn't come out with an official cause for the incident, but that hasn't stopped over 600 people from filing claims with them. Copyright 2017 KTRE. All rights reserved.More >>
    More than a few tar-covered tires are hanging on to the parking lot of a Lufkin tire shop.  On August 31, newly laid asphalt on Loop 287 started sticking to tires of those driving, leaving many of the cars un-driveable. As of Friday, the Texas Department of Transportation hadn't come out with an official cause for the incident, but that hasn't stopped over 600 people from filing claims with them. Copyright 2017 KTRE. All rights reserved.More >>
Powered by Frankly