US Woman Wrongly Convicted Of Murder Freed After 15 Years

A woman who was falsely accused of killing a homeless man has been freed nearly 16 years later.

Kristin Blaise Lobato, who is now 35, was convicted in two separate murder trials. During the trial, the prosecution did not even have one witness and had not examined DNA evidence

Prosecutors had declined to proceed with a third trial. Now Chief Judge Elizabeth Gonzalez has ordered the Nevada Department of Corrections to release Lobato.

Her lead defense attorney Vanessa Potkin, who fought to overturn her conviction, said that prison has had a devastating impact on her life. Potkin is director of the Innocence Project.

“We’re elated with the dismissal,” Potkin said. “It brings an end to a nearly 17-year nightmare for Kirstin Lobato and her family.”

The Chief Deputy District Attorney Sandra DiGiacomo said that two juries had found her guilty. If a third trial could proceed, Lobato would be immediately eligible for parole, if convicted.

"Although we fully believe in her guilt, as did the 24 members of our community who found her guilty beyond a reasonable doubt, our resources are such that we are electing not to proceed with the third trial of this defendant, particularly considering the more than 15 years she has served in prison."

Ineffective counsel and a shaky case

Lobato had asked for a new trial after finding that ineffective assistance of counsel may have played a role in the conviction. Evidence of time of death said that it could have happened on either July 7 or 8. However, witnesses saw that Lobato was not near the area during July 8. In October, during a hearing, four forensic experts said that the man likely died around 9 pm on July 8.

Her post-trial lawyers said that the case pointed to her innocence.

In 2007, Lobato was given an additional one-year conviction for sexual conduct between a prisoner and another person. Her lawyer Potkin says that they will nevertheless push for an immediate release, given she has wrongly spent so many years in prison.

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