A woman who spent nearly two decades behind bars after she was convicted of murdering a child has been released because of possible 'irregularities' during her trial.
Rosa Estela Jimenez walked from prison on Wednesday after being released on the order of a Texas judge, according to Mexico's foreign ministry.
She will stay in the United States to meet the conditions of her release, the ministry said in a statement, and her case remains pending in the US Court of Appeal.
The woman was first arrested in 2003 before being convicted in 2005. In her absence, a jury had found her guilty of the abuse and death of a minor who was under her care.
She was handed two sentences of 99 years and 75 years.
According to the Austin Chronicle Jimenez was 20 and a mother of a one-year old daughter, and seven months pregnant when 21-month-old Bryan Gutierrez, who she cared for regularly, began choking as she made the children’s lunch.
She was said to have run to a neighbour for help, who called 911 and at a hospital, the toddler was found to have a large wad of paper towels in his throat.
The paramedics and physicians who tried to save Gutierrez reportedly said his injury was intentional, and after suffering irreversible brain damage, the boy died several months later.
Jimenez was indicted and convicted of murder before a judge this week reportedly said that 'the medical evidence that is available to us at this time suggests that Miss Jimenez could not and did not commit this crime.'
While the case remains pending in the US Court of Appeal she has now been released from prison, and the New York-based Innocence Project, which helps people who were wrongfully convicted, also worked on her release, the Mexican ministry said.
The Mexican consulate in Austin contributed to legal fees in the course of her appeal. Consulate officials also attended her hearings and pushed for her case to remain under review, the ministry said.
