Photo surfaces of Milke enjoying her freedom - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

UPDATE

Photo surfaces of Milke enjoying her freedom

Debra Milke had her death sentence overturned by a judge five months ago. (Source: Arizona Department of Corrections) Debra Milke had her death sentence overturned by a judge five months ago. (Source: Arizona Department of Corrections)
Debra Milke on her first day of release. (Source: crimefilenews.com) Debra Milke on her first day of release. (Source: crimefilenews.com)
PHOENIX (CBS5/AP) -

After spending more than two decades on death row, Debra Milke was released from jail on bond late last week.

A photo surfaced on crimfilenews.com of Milke holding and smelling a single rose. The picture made its way to social media on Sunday. 

A ruling Thursday allowed Milke to post a $250,000 bond while she's awaiting a new trial for allegedly killing her son back in 1989.

She posted bond Friday and was escorted out of the Lower Buckeye Jail in Phoenix about 3 p.m. Friday.

Milke was convicted more than two decades ago in the murder of her 4-year-old son and sent to death row.

In 2009, an appeals court overturned her conviction, saying her confession had been coerced.

Last week, Maricopa County Superior Court Judge Rosa Mroz rejected the request by Milke's lawyers to disqualify the Maricopa County Attorney's Office from the case. 

Milke's attorneys maintained the county attorney's office was pursuing the case purely for political reasons.

The judge who overturned Milke's death sentence five months ago found that prosecutors didn't disclose evidence of misconduct by the lead detective who testified that she confessed to him in a private interrogation room.

Milke has always maintained her innocence, but a jury convicted her of conspiring with two men, telling her 4-year-old son he was going to go see Santa Claus at a mall.

Instead, the men took him to the desert and shot him.

The retrial is set for Sept. 30.

Stay with cbs5az.com for updates on this developing story.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.

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