Milke asks for detective's claim to be thrown out - CBS46 News

Milke asks for detective's claim to be thrown out

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PHOENIX (AP) -

An Arizona woman awaiting retrial in the 1989 shooting death of her 4-year-old son is asking a judge to throw out a detective's claim that she confessed to the killing.

Debra Jean Milke's lawyers say in court papers that then-Detective Armando Saldate Jr.'s claim that she killed her child wasn't credible and cited a federal appeals court decision that threw out her conviction and death sentence.

Milke disputes that she confessed to the crime and maintains that she is innocent.

Defense lawyers pointed out that the appeals court decision said Saldate had a history of misconduct, including four other criminal cases in which an appeals court concluded he lied under oath.

Prosecutors have said the attacks on Saldate don't mesh with the facts.

Her retrial is set for Sept. 30.

Copyright 2013 Associated Press.  All rights reserved.

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