Petitions: www.change.org www.facebook.com www.petitionspot.com www.debbiemilke.com PHOENIX (AP) — Debra Jean Milke has been sitting on Arizona's death row for nearly 20 years, largely because a police detective said she confessed to plotting her 4-year-old son's murder. Debra Jean Milke testifying during her trial on murder charges in Arizona in 1990. Now Ms. Milke could get a new trial, and even her freedom, because the detective skipped one of the most basic steps when officers interview suspects — getting them to sign a Miranda waiver, giving up their right to remain silent. "You know, I have never seen a case where there has been no signed Miranda waiver," said Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit, in San Francisco, at a hearing on the case in August 2008. "I don't know any place in the civilized world in the last 30 years," he added, "where a state has found a waiver of constitutional rights without a signed waiver." Last month, Judge Kozinski and two other judges on the appeals court found that no evidence existed proving that Ms. Milke, 45, "voluntarily, knowingly and intelligently waived her rights" in the police interview in 1989. The judges ordered Judge Robert C. Broomfield of Federal District Court in Phoenix to conduct a hearing on that point and issue his findings by the end of November. The burden falls on prosecutors to prove that Ms. Milke waived her right to remain silent. If they cannot do so and Judge ...
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