Judge denies reconsideration of dismissal ruling - myfoxcarolinas.com

Judge denies reconsideration of dismissal ruling

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Debra Milke Debra Milke
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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.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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