BISMARCK (KFGO) – The prison sentence of a woman who was convicted of neglect in the death of her 3-week-old infant in Bismarck last year has been thrown out by a district court judge in Burleigh County.
27-year-old Cassandra Black Elk’s infant daughter was found unresponsive in the early morning hours of February 19, 2022. Bismarck Police investigated the death and Black Elk was charged with felony child neglect. She was sentenced to 5-years in prison after pleading guilty in May.
In an order issued Tuesday, District Court Judge Daniel Borgen granted Black Elk’s petition for post-conviction relief, agreeing with her claim that she received improper advice from her attorney when he convinced her to plead guilty. Black Elk testified that she made multiple requests to see the final autopsy results but her public defender, James Loraas, told her they could “deal with it later,” and to first enter a guilty plea.
Black Elk received the final autopsy report after her conviction. Borgen’s order noted the report showed no evidence that abuse or neglect played a role in the infant’s death. He said the autopsy results made clear that Black Elk’s conduct was not to blame.
Borgen also cautioned the prosecution in the case in his ruling, noting that the Burleigh County State’s Attorney was present at the autopsy and would have known there were no obvious signs of neglect found but she did not relay that information to defense counsel.
The ruling means the previous verdict in the case has been vacated and Black Elk’s guilty plea withdrawn. Burleigh County State’s Attorney Julie Lawyer says her office is reviewing its options, including whether to appeal the judge’s order or continue the criminal proceedings in the case.
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