It says the county Attorney's Office should be kept from prosecuting the case "based on the conflict of interest created by their own misconduct" and "the significant political, public and financial interest they have in the outcome."
A federal appeals court threw out Milke's conviction in March. The panel concluded prosecutors hadn't turned over evidence of the history of misconduct by a detective who testified at her trial that she had confessed to him in a closed interrogation room.
A Sept. 30 retrial has been set. Prosecutors are again seeking the death penalty.
Copyright 2013 Associated Press. All rights reserved.
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