Judge grants motion to dismiss charges for babysitter convicted in toddler's death

Editor's Note: The video above shows KXAN Live's top headlines for Aug. 7, 2023. Avery Travis will have an update on this case tonight on KXAN.

AUSTIN (KXAN) -- For nearly two decades, Rosa Jimenez has maintained her innocence. On Monday, a judge granted Jimenez' attorney's motion to dismiss charges against her.

In 2005, Jimenez was convicted in the death of a 21-month-old child in her care in Austin. According to testimony from the original trial, the boy choked on a wad of paper towels.

At the time, prosecutors argued Jimenez intentionally forced the paper towels down the baby’s throat. The Innocence Project, which represents Jimenez, have argued the child’s death was, instead, a tragic accident.

At a hearing in 2021, several pediatric airway experts testified unanimously that they believed the incident was an accident. At the time, the Travis County District Attorney’s Office Civil Integrity Unit joined Ms. Jimenez’s counsel in requesting her release.

KXAN investigators have spoken to Jimenez in two exclusive interviews: in 2020, from the Gatesville prison where she served more than 15 years and again in 2021, after she was released on bond following that evidentiary hearing.

“I believe I am going to be exonerated, eventually," she told KXAN at the time.

Two months ago, the Texas Court of Criminal Appeals determined she was convicted based on false testimony and was entitled to relief -- remanding the case back down to the trial court.

A hearing was held before District Judge Karen Sage in Austin on Monday morning, and Jimenez and her legal team were present via Zoom from New York City.

KXAN will have a crew in the courtroom and update this story with more information when it is available.