PHOENIX - An Arizona woman who spent more than two decades on death row was released on bond today after a judge ruled there's no direct evidence linking her to the death of her young son, other than a purported confession to a detective whose honesty has been questioned.
Debra Milke walked out of the Maricopa County Sheriff's jail after supporters posted $250,000 bond.
The 9th Circuit Court of Appeals overturned her conviction in March, stating that prosecutors should have disclosed information that cast doubt on the credibility of a since-retired detective who said Milke confessed.
The 49-year-old Milke has not been exonerated, but a judge said she could go free while preparing for a new trial in a 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 had been imprisoned since 1990.
A defense lawyer told the judge last week that Milke would live in a Phoenix-area home purchased by supporters.
Prosecutors declined to comment on Milke's possible release and have not appealed the bond order.
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 and Switzerland, neither of which has the death penalty.
Max Krucker, former president of the Swiss community where Milke's mother now lives, said Renate Janka was "ecstatic" today about the possibility that her daughter would be released. She was planning to fly to Arizona as early as Saturday, Krucker said.
"She said, 'Now I can finally hold my daughter in my arms again,'" he told The Associated Press in a telephone interview from his home.
For as long as Milke has been incarcerated, she and her mother have only met in situations where they were separated by glass.
"They were never able to touch," Krucker said.
A dozen years ago, Krucker was among the organizers of an effort in the Swiss town of Emmetten to support Milke, including by establishing a bank account that collected donations to aid in her defense. The account eventually netted about 200,000 Swiss francs, or about $213,000 today. It's now nearly drained, he said.
Doubts about Milke's guilt and deep suspicion about the reliability of the detective's testimony helped motivate Swiss supporters to donate, as did opposition to the death penalty. Many also had concerns that Milke didn't have access to the best defense because she had too little money, he said.