Imagine you’re seven months pregnant, raising your 1-year-old daughter, and babysitting a 21-month-old boy when a tragic accident changes your life forever. This was Rosa Jiménez’s reality in January 2003 when a child she was babysitting choked on a paper towel. Rosa, a 21-year-old Mexican immigrant, tried to clear the child’s airway and rushed to a neighbor for help. Although paramedics arrived and removed the blockage, the boy suffered brain damage from oxygen deprivation and later died. The accidental choking led to Rosa being convicted of murder and sentenced to 99 years in prison—a sentence that would separate her from her family and forever change her life.
During her five-hour police interrogation, Rosa’s limited English did not prevent authorities from accusing her of intentionally harming the child. They claimed she shoved paper towels into his mouth out of anger. Even though Rosa had no criminal record and there was no history of abuse, the prosecution used flawed medical evidence to make their case, arguing that the child’s choking was intentional. Her defense called an expert to counter this, but he was discredited and became hostile under questioning. Rosa was found guilty and sentenced to what amounted to a life behind bars.
In 2018, the Innocence Project took up Rosa’s case. They brought in leading pediatric airway specialists who reviewed the incident and all agreed: the child had accidentally choked, and Rosa was wrongfully convicted. A federal judge ruled that Rosa’s right to adequate legal representation had been violated, vacating her conviction and ordering a retrial or her release. After further review, Travis County prosecutors reached the same conclusion: no crime had occurred, and Rosa’s conviction was formally vacated in 2021.
The Deep Wounds of Injustice
Rosa’s wrongful conviction left her with unimaginable losses. She was forced to give birth to her son while shackled to a hospital bed and was allowed only 15 minutes with him before he was taken into foster care. During her 18 years in prison, Rosa missed her children’s first words, birthdays, and so many irreplaceable moments. Even during rare visits, she wasn’t allowed to hold them, convicted of a crime involving a child. Though she’s now reconnecting with her children, the impact of those lost years will not be easily repaired.
And her fight isn’t over. While in prison, Rosa developed end-stage kidney disease, requiring dialysis and now a kidney transplant. As she works to make up for lost time with her children, Rosa also battles to save her life.
Wrongful convictions affect mothers too. Women, especially mothers, are often convicted for harming children in cases where no crime occurred. In fact, 40% of all female exonerees were convicted of child-related crimes, and 71% of these involved incidents that never actually happened.
