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Wrongly Convicted Database Record
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Charge: |
Assault of a child |
Sentence: |
5 years |
Years Imprisoned: |
2.9 |
Year Crime: |
2012 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Montana |
County or Region of Crime: |
Cascade |
City of Crime: |
Great Falls |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jasmine Nicole Eskew was wrongly convicted on April 1, 2014 of felony assault of a child in the death of her six month old daughter in September 2012 in Great Falls, Montana. The trial judge denied Eskew's pretrial motion to exclude her confession as psychologically coerced. Her prosecution was based on her confession that she shook her daughter, who died from the effects of a subural hematoma (brain injury). The jury acquitted Jasmine Eskew of deliberate homicide, but found her guilty of assault. On May 14, 2014 Judge Sandefur sentenced her to five years in prison. She was given credit for 613 days in jail she had served awaiting trial and her sentencing. Eskew appealed. On February 28, 2017 the Montana Supreme Court reversed Eskew's conviction on the basis the trial judge erred by denying her motion to suppress her confession as psychologically coerced. Eskew was released on bond on March 14, 2017. The Cascade County District Attorney's Office declined to retry Eskew, and its motion to dismiss the charges against her was granted on March 30, 2017." |
Conviction Caused By: |
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Innocence Proved By: |
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Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
23 |
Age When Released: |
26 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"State v. Jasmine Nicole Eskew, 2017 MT 36 (MT Supreme Court, 2/28/2017) (Reversing conviction and ordering new trial on basis the trial judge erred in not excluding Eskew's confession.)" |
Information Location 1: |
https://law.justia.com/cases/montana/supreme-court/2017/da-14-0445.html |
Information Source 2: |
"Jasmine Nicole Eskew Found Not Guilty Of Deliberate Homicide, By Staff, KFBB - ABC/Fox (Great Falls, MT) April 1, 2014" |
Information Location 2: |
http://www.kfbb.com/story/25134926/jasmine-nicole-eskew-found-not-guilty-of-deliberate-homicide |
Information Source 3: |
"Eskew Sentenced Wednesday, By Staff, KFBB - ABC/Fox (Great Falls, MT) May 21, 2014" |
Information Location 3: |
http://www.kfbb.com/story/25583196/eskew-sentenced-Wednesday |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org