Conviction is overturned in St. Petersburg murder case

By MIKE BRASSFIELD

© St. Petersburg Times, published April 1, 1999

ST. PETERSBURG -- Twelve Pinellas County jurors decided Michael Milburn was not insane when he stabbed to death his best friend's former wife. They convicted Milburn of first-degree murder in November 1996.

On Wednesday, the 2nd District Court of Appeal threw out that conviction, ruling that Milburn's trial should have been declared a mistrial because prosecutors erred on two legal points.

The appeals court ordered another trial, which has not been scheduled.

Milburn, 40, never denied stabbing Anna Carter and her 8-year-old daughter, Tina. He pleaded insanity.

The killing occurred May 4, 1993, in St. Petersburg.

Milburn learned that his best friend, David Carter, had moved in with Milburn's ex-wife, Alina. Feeling betrayed, Milburn went to the home of David Carter's ex-wife, Anna, seeking revenge.

Anna Carter let her old friend Milburn into her home. They chatted for half an hour. Then, while Carter sat with her boyfriend, Milburn went back to her daughter's bedroom and began stabbing the sleeping 8-year-old.

Anna Carter ran to the bedroom, jumped between them and sacrificed herself to save her daughter.

Milburn got life in prison for murder and an additional seven years for attempted murder.

The appeals court ruled Wednesday that prosecutors should not have been allowed to say in court that defense attorneys had tried to hire a psychologist who was an expert witness for the prosecutors.

The appeals court also said prosecutors improperly characterized the insanity defense.

In closing arguments, prosecutors said the defense had not proved beyond a reasonable doubt that Milburn was insane. Actually, it is the prosecutors who must prove beyond a reasonable doubt that a defendant was sane during a crime, the appeals court ruled.

Milburn's conviction for the attempted murder of Tina Carter still stands.