Today’s exoneration marked the end of a 20-year odyssey for Rosa Jimenez, who was accused of killing Bryan Gutierrez, who she was babysitting.
“I feel grateful,” Jimenez said. “Grateful for everybody that supported me, everybody that believed in me. It’s a new life. My grandbady just arrived five minutes ago. A new grandbaby, a new life.”– gasped at the news and embraced her. And the press conference came to an abrupt halt.
Monday’s exoneration marked the end of a 20-year odyssey for Jimenez, who was an undocumented immigrant, seven months pregnant and mom to a one-year-old baby, when she was accused of killing Gutierrez, who she was babysitting, by shoving a wad of paper towels down his throat. There were no witnesses to the death but Travis County attorneys presented three medical experts at Jimenez’s trial who swore the toddler could not have swallowed the paper towels on his own.
There were widespread doubts, even then, about Jimenez’s guilt. The Innocence Project took the case in 2009, finding experts who testified that young children do swallow large objects and that there was no sign of the struggle that would have been necessary for Jimenez to suffocate Gutierrez. In 2010, Judgedid the same. Each time, the judges were overruled by higher courts. In 2021, Judge Karen Sage again ordered Jimenez released pending a new trial.
In the press conference, Potkin and Scheck revealed that Jimenez has end-stage kidney disease and is living in New York City, looking for a donor so she can get a transplant. Scheck said that a former exoneree, Felipe Rodriguez, has provided Jimenez a place to live and that San Antonio Spurs head coach Gregg Popovich had privately offered to pay for Jimenez’s transplant. With insurance covering it, he’s now helping her search for a donor.
Potkin, who has worked in the trenches for the Innocence Project for 20 years, said she has seen cases like Jimenez’s before. “Rosa’s situation is not uncommon, particularly among women who are wrongfully convicted,” Potkin said. “According to the National Registry of Exonerations, 40% of female exonerees were wrongfully convicted of harming children, or other loved ones, who were in their care.
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