State's High Court Issues Stay In Milke Case Appeal

By Steve Shadley
Published: Wednesday, January 14, 2015 - 6:39pm

The Arizona Supreme Court issued a stay Wednesday in the Debra Milke murder case that dates back more than 20 years. 

The court is reviewing an appeal by the Maricopa County Attorney’s office after a lower federal court overturned Milke’s death row conviction with prejudice.

Milke was convicted in the 1989 murder of her four-year-old son. But the charges were dismissed last month after allegations that a Phoenix detective lied about Milke’s alleged confession. 

In a retrial, the court found prosecutors didn’t mention the statute of limitations expired for any misconduct charges against the detective. 

Milke's attorney Michael Kimerer hopes this is the final legal maneuver she will have to go through.

“I think she’s doing remarkably well under the circumstances but there’s a lot of pain and a lot of anguish and a lot of hurt, especially a lot of grieving about her son’s loss," Kimerer said.

Kimerer says if the high court decides not to hear the appeal, Milke could be permanently cleared of murder charges.

The Maricopa County Attorney’s office didn’t respond to requests for a comment.

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