Rosa Jimenez is expected to be released after more than 17 years in prison for a crime she did not commit. Today Judge Karen Sage issued a decision in Ms. Jimenez’s habeas petition granting her relief based on false forensic testimony and ineffective assistance of counsel at her 2005 trial for the murder of a 21-month-old child in her care.
In her decision, Judge Sage stated that “There was no crime committed here … Ms. Jimenez is innocent,” and added, “I cannot give Ms. Jimenez justice today but hopefully I can give her the inalienable right that she has been deprived of for far too long — her freedom.”
Ms. Jimenez has always maintained her innocence and has said the child’s death was a tragic accident and not murder. Top pediatric airway specialists testified that the medical findings are supportive of an accidental death and Ms. Jimenez has been wrongfully convicted of a crime that never occurred.
The judge further ordered Ms. Jimenez be released from prison due to urgent health and safety concerns. Ms. Jimenez is suffering from advanced Stage 4 kidney disease and is particularly vulnerable to fatal complications from COVID-19.
The Honorable Karen Sage of the 299th District Travis County Trial Court granted habeas relief and ordered the release of Ms. Jimenez.
Rosa Jimenez and her Innocence Project attorney Vanessa Potkin will make a brief statement upon her release on Wednesday, January 27, 2021. Ms. Jimenez’s release is expected at some point throughout the remainder of the day barring any unexpected delays.