Kimberly Cargill is on death row for the killing of her mentally retarded babysitter, Cherry Walker. Ms. Walker was found burned on the side of a rural road in Texas. Doctors had diagnosed her as mentally challenged in 1995, saying she had the living skills of a 9 year old.
Witnesses, some her own family, testified that Cargill was abusive and violent toward them and to Cherry Walker. Cargill was arrested in 2010 on child abuse charges and a custody trial was pending in which Cherry Walker was slated to testify. The state alleged that Kimberly killed Cherry to keep her from testifying.
Kimberly has always said that she did not kill Cherry but that she suffered from a seizure as she was riding in the car with Kimberly. She had been prone to seizures and Kimberly panicked. She tried to revive her, but could not. When she realized Cherry was dead, she set her on fire in an attempt to rid any DNA from her body. She was certain she would be charged with her death.
She was convicted. She was sentenced to death in 2012. The only problem is she may be innocent. In a recent letter from Kimberly, she tells me her writ appeal was filed a few weeks ago. The Office of Capital Writs hired an expert in the field of "Mortality in Epilepsy". His findings from medical examiner testimony, autopsy reports and medical info show Cherry did, in fact, die from a seizure related to epilepsy. Her trial attorneys saw that the medical evidence pointed to a seizure and yet sis not hire an expert. Kimberly hopes to get a new rial based on ineffective assistance of counsel because of that fact.
Kimberly is exceedingly excited about this fact. She's so happy to finally have some proof that she was telling the truth all along. The trick now is to get the state of Texas to care enough about the fact that they made a mistake to do something about it. The odds are not in our favor.
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