Rosa Jimenez: Texas; Tragic accident taking life of a 21-month-old child in her care leading to a wrongful murder conviction. Innocence Project sets up a petition in support of this innocent woman who could die in prison awaiting justice..."Our client Rosa Jimenez has been sitting in prison in Texas for 17 years for a crime she did not commit. She is suffering from Stage 4 kidney disease, and as long as she is incarcerated, treatment options are limited. Add your name to Rosa's petition urging the DA to take action — and send her a note of support as she awaits justice."

BACKGROUND: "United States District Judge Lee Yeakel has overturned the murder conviction of Estela Rosa Jimenez and ordered a new trial based on Jimenez being denied her constitutional right to present qualified medical experts at her trial in August 2005. The decision is grounded on the earlier recommendation of United States Magistrate Judge Andrew Austin issued in September 2018. It has been almost 15 years since Jimenez was convicted of murder for the death of a 21-month-old child in her care. Jimenez has always maintained her innocence and stated the child’s death was a tragic accident and not murder.  Lawyer Bryce Benjet: 

 “Rosa Jimenez was convicted based only on the scientifically invalid medical theory that was physically impossible for an infant to have choked on a wad of paper towel. There were no signs of abuse, Ms. Jimenez immediately tried to resuscitate Bryan Gutierrez and called for help. As any parent knows, the state’s theory made no sense. We have since presented leading experts in pediatric choking who described similar incidents of accidental choking and confirmed that nothing about this case suggested foul play.  Unfortunately, Ms. Jimenez’s appointed defense counsel failed to hire a competent medical expert and the jury made its decision based on invalid science. Judge Yeakel’s decision today granting a new trial confirms the findings of both the trial judge and the state habeas judge that there is a reasonable likelihood Ms. Jimenez was wrongfully convicted. There is simply no evidence that this little boy’s death was anything but a tragic accident. Ms. Jimenez and her family have likewise suffered immeasurably. Her children have grown up without their mother, and Ms. Jimenez’s health has deteriorated while she spent almost half of her life imprisoned for a murder that never even happened."

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PETITION: (Statement): "In 2005, a toddler in Rosa's care choked on wadded up paper towels and later died. Rosa was convicted of murder, but leading pediatric experts who reviewed the case have found that the expert testimony used by the state to convict Rosa was faulty, and all of the evidence points to this being an accident. Rosa has always maintained her innocence and since her trial, top experts and judges have also concluded that she did not have a fair trial and is likely innocent. In the fall, a district judge overturned her murder conviction and ordered a new trial, giving the prosecution until February 25, 2020, to retry or release Rosa.  But the Innocence Project says Texas s fighting to keep Rosa in prison and is appealing the decision — a process that could take years. adding that Rosa's health is at risk, and she doesn't have much time to spend waiting - and that  Travis County District Attorney Margaret Moore could act to end this injustice today.

ACTION:  Add your name to Rosa's petition urging the DA to take action — and send her a note of support as she awaits justice.

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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