Debra Milke case, will she face a retrial? - FOX13 News, WHBQ FOX 13

Debra Milke case, will she face a retrial?

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PHOENIX (KSAZ) -

Debra Milke in court Friday with her attorneys but would a judge toss the case and tell prosecutors no retrial?

Milke's lawyers said former Phoenix Police Detective Armando Saldate lied about her confessing to having two men kill her 4 year-old son Christopher and it came down to what he said she said in court.

"Back in 1990 when this case came around Debra Milke was painted as this most heinous woman who had her child killed on Christmas" said Michael Kimerer an attorney for Milke.

Milke's attorneys argued prosecutors knew Saldate was a bad cop but didn't share that with Milke's defense. So it would be wrong to retry her now but prosecutors denied there was a cover up.

"I keep hearing from the defense about things that must be true but there is no evidence they are true" said Vince Imbordino a prosecutor.

Saldate has taken the fifth so he doesn't have to testify if Milke is retried. Staying off the witness stand saves him from possible perjury. The trial judge said prosecutors can't force him to testify.

A state appeals court will decide if she's right, and without Detective Saldate's testimony there may not be much of a case against Debra Milke.

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