Debra Jean Milke was sentenced to death for the murder of her four-year-old son, and spent 22 years in prison for her crime.
But in 2013, Milke was released from jail after her conviction was overturned, and on Monday, the judge decided there was not enough evidence to reconvict the mother.
She ordered the charged be dismissed with prejudice, meaning that Milke can never again face trial for this particular crime.
In 1989, Milke’s son Christopher was taken to see Santa Claus at the local mall by her roommate, James Styers. Styers then picked up Roger Scott and the two men drove out into the desert, where they shot the four-year-old in the back of the head.
When Milke was convicted, it was argued that she had conspired with the two men to kill her child, a crime which she later confessed to Detective Armando Saldate.
Milke’s conviction was almost entirely dependant on Saldate’s testimony, but years later the Detective was found to be unreliable, as he had previously lied under oath and violated the rights of suspects.
After the two minute hearing on Monday, Milke hugged her lawyer and supporters as she openly sobbed in the courtroom.
Both Styers and Scott maintain that Milke had nothing to do with her son’s death, and they are awaiting execution on death row.
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