Prosecutors win appeal in Debra Milke case - WFSB 3 Connecticut

UPDATE

Prosecutors win appeal in Debra Milke case

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Authorities say Debra Milke had two men kill her 4-year-old son. But a federal appeals court last year overturned her murder conviction. (Source: CBS 5 News) Authorities say Debra Milke had two men kill her 4-year-old son. But a federal appeals court last year overturned her murder conviction. (Source: CBS 5 News)
PHOENIX (CBS5) -

Prosecutors in the case against an Arizona mother charged with having her son killed in 1989 have won an appeal.

Debra Milke's 1990 conviction was overturned. She now faces a second trial.

Many believe the state's case against Milke hinges on the testimony of the lead detective, but the now retired Armando Saldate indicated he would plead the fifth if called to the stand.

The State Court of Appeals ruled Thursday that prosecutors can force Saldate to testify, which overturns the superior court judge's ruling that Saldate could invoke his right against self-incrimination.

It is a win for the state, while Saldate's attorney and attorneys for Milke were hoping the lower court ruling would stand.

Saldate's attorney said she will take it to the next level and seek review from the Arizona Supreme Court.

There's no guarantee the state Supreme Court will hear the matter. If they don't, the appeals court decision stands. But the legal matter is far from over.

Stay with cbs5az.com and CBS 5 News for updates on this case.

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

  • UPDATEProsecutors win appeal in Debra Milke caseMore>>

  • Sidebar: Debra Milke case

    Wednesday, December 18 2013 1:17 PM EST2013-12-18 18:17:21 GMT
    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >
    Milke back in court Friday for crucial hearing (12/13/13) Milke attorneys claim retrial is double jeopardy (11/1/13) Witness' refusal to testify jeopardizes Milke retrial (9/12/13) Debra Milke reunitesMore >
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