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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STORY: "Five judges say Rosa Jimenez was wrongly convicted. So why is she dying in prison?, by Michael Hall, published by Texas Monthly on April 2, 2020. Thanks to the Marshall Project for bringing this important article to our attention. HL);
SUB-HEADING: "When a child she was baby-sitting choked to death Jimenez was the only suspect. Now many believe justice has failed her.
GIST: (This is a superb analysis of a very troubling case by a distinguished reporter on Texas's criminal justice system. It goes deeply into the case, it's baffling journey through the courts, and a movie that get to the heart of it. When all is said and done, one question remains - why is this suffering woman still on prison, in spite of the mountain of evidence pointing to her innocence - and the reality that far from committing a murder, Rosa Jimenez faces prison for the rest of her life for a crime that never occurred. It is a lengthy, complex story that is well worth reading in its entirety. HL: Here is a taste:) "The interview grew more and more intense, but Jimenez didn’t waver. “I haven’t done anything bad,” she insisted. Finally, after more than five hours of questioning, de los Santos took Jimenez home. At around 11 p.m., she was arrested. The charge: injury to a child, a first-degree felony punishable by as many as 99 years in prison. There was no physical evidence directly tying her to a crime. Bryan showed no signs of any other trauma that would indicate an assault (such as bruises or cuts on his mouth, lips, and cheeks). And Jimenez had no criminal record or history of physical abuse or substance abuse. Yet when Bryan died three months later, Jimenez was also indicted for murder. By the time of her 2005 trial, she had become one of the most notorious defendants in modern Austin history, the babysitter accused of an almost unspeakable act of violence. When Jimenez was convicted and sentenced to 99 years, prosecutor Allison Wetzel spoke of justice delivered: “This is the kind of sentence that’s appropriate when someone murders a child.” But had Rosa Jimenez murdered a child? Had she even committed a crime?"
The entire story can be read at:
https://www.texasmonthly.com/news/five-judges-say-rosa-jimenez-was-wrongly-convicted-so-why-is-she-dying-in-prison/?utm_source=The+Marshall+Project+Newsletter&utm_campaign=d564ad391b-
EMAIL_CAMPAIGN_2020_04_06_11_35&utm_medium=email&utm_term=0_5e02cdad9d-d564ad391b-174331221PUBLISHER'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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