Maricopa County Attorney General Announces Intent To Retry Debra Milke

The 9th Circuit recently granted Milke’s Habeas Corpus petition and vacated her 1990 murder conviction.  She was previously convicted of conspiring to murder her 4 year old son.  Her conviction was based on her alleged confession to Phoenix Police.  The detective had a history of misconduct and lying.  However, the State knew of these issues and failed to disclose this fact to the defense. The 9th Circuit clearly thought that this fact would have been crucial to the defense.  The Court also believed that this was not only a clear Brady violation but referred the matter to the US Attorney’s office to investigate whether the detective’s collective actions constitute a State violation of Arizona citizens’ civil rights.

Given the Court’s decision and its quite harsh opinion regarding Phoenix police combined with the fact the Milke has already served 25 years on death row do you think Bill  Montgomery’s decision to retry Milke is the right move?