When a toddler choked on a wad of paper towels and died, it was later determined by medical professionals that the toddler’s death was accidental and not purposeful. A Texas judge dismissed a murder conviction against the babysitter who had served 15 years in prison after being found guilty in the case.
Rosa Jimenez has been free since 2021 after a judge determined that at the very least, a new trial was necessary. The Texas Court of Criminal Appeals decided earlier this year that “false testimony” in her initial 2005 trial qualified her for relief.
Due to this, State District Judge Karen Sage granted a request to drop the first charges against Jimenez on Monday. Jimenez was watching 21-month-old Bryan Gutierrez in 2003 when he choked to death.
“For the past 20 years, she has fought for this day, her freedom, and to be reunited with her children,” said Vanessa Potkin, director of special litigation at the Innocence Project and Jimenez’s attorney.
CBS News confirms the news on its official Twitter account:
A judge dismissed murder charges against a Texas babysitter 20 years after she was convicted for the death of a toddler. https://t.co/4AodHfMPnk
— CBS News (@CBSNews) August 8, 2023
Jimenez had received a 99-year prison term. Ken Paxton, the attorney general of Texas, filed an appeal in 2020 to keep Jimenez behind bars after a federal judge mandated that she have a new trial or be freed.
After three pediatric airway specialists testified that the babysitter could not have forced the clump of towels down the boy’s throat as the prosecution claimed in her initial trial, Jimenez was released on bond the next year. Additionally, the prosecution submitted documents claiming that one of the witnesses who gave testimony at the 2005 trial changed their mind after reading fresh testimony from airway specialists.
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