PHOENIX (AP) — An Arizona woman who has spent more than two decades on death row awaited her release Friday, a day after a judge ruled that there was no direct evidence linking her to her son's death other than a purported confession to a detective whose honesty has been questioned.
Debra Milke has not been exonerated, but a judge granted her a $250,000 bond Thursday, meaning she could go free while preparing for a new trial in the case that made her one of Arizona's most reviled inmates.
Milke was convicted in the death of her 4-year-old son, Christopher, who was allegedly killed for a $5,000 insurance payout. His mother was accused of dressing the boy in his favorite outfit in December 1989 and telling him he was going to see Santa Claus at a mall before handing him over to two men who took the child into the desert and shot him. She has been imprisoned since 1990.
Sheriff Joe Arpaio said Milke would probably be released Friday. But the exact timing remained unclear at midday.
A defense lawyer told the judge last week that Milke would be living in a Phoenix-area home purchased by supporters if she is released.
Milke, whose mother was a German who married a U.S. Air Force military policeman in Berlin in the early 1960s, has drawn strong support from citizens of that nation, which has no death penalty.
Frankie Aue, a former Berlin resident who now lives in Phoenix, runs a website for Milke supporters and has attended recent court hearings. The site requests donations through both German and Swiss accounts to pay for efforts to free her.
Aue did not immediately respond to requests for comment from The Associated Press.
Milke's ex-husband, whose name is Arizona Milke, believes his former wife is guilty and that supporters are fooled by the postings on the website.
"It's fed by propagandized lies," he said Friday. "They write whatever they what and put it up there like it's true."
Her chance at freedom comes six months after a federal appeals court overturned Milke's conviction, ruling that the prosecution should have disclosed information about the truthfulness of the now-retired detective who testified that Milke confessed.
Milke was a 25-year-old insurance company clerk when her son was killed. Now 49, she has maintained her innocence, saying she had nothing to do with the slaying.
The two men convicted in the case both remain on death row. Neither Roger Scott nor former Milke roommate James Styers testified at Milke's trial. Scott confessed during a police interrogation and led detectives to the boy's body.
Maricopa County prosecutors are still seeking the death penalty against Milke at her retrial, tentatively set for Sept. 30, and her alleged confession is at the heart of the case against her.
Police detective Armando Saldate Jr. testified that she confessed to him in a closed interrogation room. But the confession was not recorded, and doubts about Saldate's honesty arose during Milke's appeals. The 9th U.S. Circuit Court of Appeals concluded in March that prosecutors' failure to turn over evidence related to Saldate's credibility deprived Milke's attorneys of the chance to question his truthfulness before jurors.
"No civilized system of justice should have to depend on such flimsy evidence, quite possibly tainted by dishonesty or overzealousness, to decide whether to take someone's life or liberty," Chief Judge Alex Kozinski wrote for the court.
The court noted four cases in which judges threw out confessions or indictments because Saldate lied under oath and four instances in which cases were tossed out or confessions excluded because Saldate violated the suspect's constitutional rights.
He was also suspended for accepting sexual favors from a female motorist he stopped and then lying about the encounter, the court said.
Deputy County Attorney Vince Imbordino argued last week during a bond hearing that the purported confession is still admissible, but Mroz said the undisclosed material concerning Saldate "casts serious doubt" on its validity.
Judge Rosa Mroz of Maricopa County Superior Court, who also set Milke's bond, scheduled a Sept. 23 hearing on the defense's request to prohibit the prosecution from using the confession during the retrial.
Associated Press writers Paul Davenport in Phoenix; John Miller in Boise, Idaho; Felicia Fonseca in Flagstaff, Ariz.; and news researcher Rhonda Shafner in New York contributed to this report.