Milke attorneys claim retrial is double jeopardy - KTRE.com | Lufkin and Nacogdoches, Texas

Milke attorneys claim retrial is double jeopardy

PHOENIX (AP) -

Attorneys for a woman released from death row after an appeals court overturned her conviction in the 1989 killing of her 4-year-old son say her planned retrial violates her Fifth Amendment right protecting citizens from being tried twice for the same offense.

In a motion filed this week, Debra Milke's attorneys point to the fact that her conviction was overturned, in part, due to the prosecution's failure in her trial to turn over evidence that deprived them the chance to question the credibility of the state's key witness -- a detective who told jurors she confessed.

They say that amounts to prosecutorial misconduct, meaning a retrial would amount to double jeopardy.

Debra Milke was freed on bond Sept. 6. A retrial is set for 2015.

Prosecutors declined comment on Friday.

Copyright 2013 Associated Press. All rights reserved.

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