Judge denies reconsideration of Milke dismissal ruling - CBS 5 - KPHO

Judge denies reconsideration of Milke dismissal ruling

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Debra Milke in court in December 2013. (Source: CBS 5 News) Debra Milke in court in December 2013. (Source: CBS 5 News)
PHOENIX (AP) -

A judge won't reconsider her ruling that denied a motion to dismiss the case against an Arizona mother charged with having her 4-year-old son killed in 1989.

Debra Milke was found guilty of murder in 1990, but a federal appeals court last year overturned her conviction after she spent more than two decades on death row. A retrial is set for 2015.

Milke has since been released on bond.

Judge Rosa Mroz in January denied a defense motion to dismiss the case based on double jeopardy. Milke's attorneys had argued that prosecutors committed misconduct during the original trial, and that should bar a retrial under the Fifth Amendment.

This week, Mroz denied a defense motion to reconsider her January ruling. Defense lawyers are separately seeking dismissal based on lack of evidence.

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