Babysitter Denied New Trial in Paper Towel Case
Lawyers claim lead attorney in case gave ineffective counsel
In a motion filed with the court, Jimenez's lawyers argued that the evidence against her the wad of long-since dried out paper towels was insufficient to support a conviction, that police improperly conducted a five-and-a-half-hour interrogation of Jimenez in a manner that allowed them to bypass reading Jimenez her constitutional rights, and that her lead trial attorney, Leonard Martinez, failed to provide an adequate defense in part by allowing into evidence several police affidavits, which they say not only contained hearsay evidence, but also violated Jimenez's Sixth Amendment right to cross-examine witnesses against her. "It's impossible to cross-examine an affidavit," said Keith Hampton who, with attorney Kristin Etter, is handling Jimenez's appeal. Wisser ultimately denied the motion; an appeal to the Third Court of Appeals is pending.