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.
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UPDATEProsecutors win appeal in Debra Milke caseMore>>
Sunday, August 31 2014 3:28 PM EDT2014-08-31 19:28:29 GMT
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