A federal appeals court on Thursday threw out the convictions of a
woman sentenced to death in the notorious 1989 killing of her 4-year-old
son, ruling that the case was tainted by a detective with a history of
lying under oath.
The ruling marked a surprising turn in a case that made national
headlines with the brazen and gruesome nature of the crime. Prosecutors
said Debra Jean Milke dressed up her son Christopher in his favorite
outfit and told him he was going to see Santa Claus at a mall during the
holidays.
Instead, he was taken into the desert by her boyfriend and another
man and shot three times in the back of the head as part of what
prosecutors said was a plot by Milke and the two other defendants to
collect a $50,000 life insurance policy.
Milke would have been the first woman executed in Arizona since the
1930s had her appeals run out. The Arizona Supreme Court had gone so far
to issue a death warrant for Milke in 1997, but the execution was
delayed because she had yet to exhaust federal appeals.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled
Thursday that the prosecution failed to disclose information about a
history of misconduct by a detective who testified that Milke confessed
to plotting her son’s murder.
That record included multiple court rulings in other cases that
former Detective Armando Saldate Jr. either lied under oath or violated
suspects’ Miranda rights during interrogations.
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