PHOENIX -- An Arizona woman awaiting retrial on charges that she had a part in the murder of her 4-year-old son has asked a judge to release her from jail while she awaits trial.
Lawyers for 49-year-old Debra Jean Milke asked a judge Monday to release her from jail even though another judge had ruled more than a week ago that Milke was to be held without bond.
They said Milke should be released because the evidence against her is weak.
Prosecutors opposed her release and argued that she isn't entitled to bail.
A Sept. 30 retrial has been set for Milke on charges that she was involved in the 1989 shooting death of her son Christopher.
Prosecutors are seeking the death penalty against her.
Milke has maintained that she's innocent.