Rosa Jimenez has served 15 years in prison in the death of 21-month-old Bryan Gutierrez. Photo / Supplied
A Texas woman convicted of murder in the 2003 choking death of a boy she was babysitting was released from prison on bond after a judge said new evidence shows she didn't intentionally hurt the child.
Travis County District Judge Karen Sage ordered Rosa Jimenez released on bond Wednesday, citing
"clear and convincing evidence." The Texas Court of Criminal Appeals will make the ultimate decision on whether to overturn Jimenez's conviction or grant a new trial.
Jimenez has served 15 years in prison in the death of 21-month-old Bryan Gutierrez, who choked on a wad of paper towels while in Jimenez's care.
Sage's decision followed testimony from three pediatric airway specialists who said Jimenez could not have forced the clump of towels down the boy's throat, as prosecutors alleged in her original 2005 trial.
The Travis County district attorney's office filed an affidavit stating one of the experts who testified in the original trial changed their opinion after reviewing the new statements from airway experts.
