Maricopa County Attorney Bill Montgomery is appealing the Debra Milke murder case to the U.S.. Supreme Court. This after the Ninth Circuit Court of Appeals threw out the charges, claiming ”egregious prosecutorial misconduct.”

The ruling comes a year after an appeals court overturned her murder conviction because the state withheld evidence that could’ve helped the once Death Row mother.

A Phoenix Police Detective testified in Milke’s 1990 trial she confessed to the murder of four year son Christopher Milke.  That alleged confession was never recorded, and Milke denies ever having made it. Two men who carried out the boy’s fatal shooting are sitting on Death Row. The little boy went with the men thinking he was going to see Santa Claus in December 1989, but instead was taken to the desert and shot there.

Montgomery, explaining why he can’t just let this one go, says “The truth matters, and we should have a decision that’s based on the truth, and not based on an inaccurate record.”

Milke attorney Michael Kimerer is “elated” and calls it “a strong ruling” but he has correctly anticipated an appeal to the U.S. Supreme Court.

The Court notes this ruling should not be regarded as finding Milke innocent of the charges, but since the charges have been dismissed with prejudice, she cannot, by law, be retried.

—Barbara Villa