I hope that by now, everybody knows that Debra Milke, previously convicted and inprisoned in Maricopa County, AZ, for contracting the murder of her young son, has been exonerated.
We’ve posted about the Debra Milke case on this blog several times previously. In chronological order – here, here, here, here, here, here, here, and here. (The red link is particularly germane to the subject of this post.)
Pursuant to her wrongful conviction, wrongful imprisonment (22 years on death row), and eventual exoneration, Debra filed suit with five claims against four defendants, including two former Phoenix police officers and the Maricopa County Attorney’s Office (Bill Montgomery), stating that that she was denied a fair trial and due process of law. The two police officers and the Maricopa County Attorney filed a motion with the court to dismiss the suit. Judge Roslyn O. Silver of the United States District Court for the District of Arizona has denied the motion to dismiss, and is allowing the suit to go forward.
See the story from azcentral here.
You can read the decision by Senior United States District Judge Roslyn O. Silver here: 97-OrderreMotionstoDismiss