Kirstin Blaise Lobato is expected to be released on Wednesday, January 3, 2018.
Kirstin Lobato has been held in custody on a detainer since the dismissal on December 29, 2017 of the charges against her related to the July 2001 homicide of Duran Bailey in Las Vegas.
The detainer was for her April 2007 gross misdemeanor conviction for having consensual sex with another female inmate. The Nevada Attorney General’s Office agreed on Tuesday Jan. 2 that in the interests of justice they will not oppose Ms. Lobato request that she not be required to serve her sentence of 365 days in the Clark County Detention Center for that conviction.
Ms. Lobato served a total of more than 15 years in prison for her wrongful convictions related to Bailey’s homicide. Her 2007 misdemeanor conviction would not have occurred if she had not been wrongly imprisoned for crimes she didn’t commit.
Ms. Lobato was transferred on Tuesday from the the Florence McClure Women’s Correctional Center to the Clark County Detention Center in downtown Las Vegas. After a hearing on Wednesday regarding her misdemeanor conviction, she is expected to be released from custody.
Forensic evidence discovered in 2009 as a result of Justice Denied’s post-conviction investigation of her case proves that Bailey died on the evening of July 8, 2001. During her trial in 2006 her prosecutors argued that Bailey died in the early morning of July 8. Consequently, they didn’t mind admitting that credible alibi evidence proves that on July 8 she was at her home in Panaca, 165 miles north of Las Vegas, from the late morning until after the discovery of Bailey’s body to 911 at 10:36 that evening. The discovery of the new forensic evidence in 2009 proves it is physically impossible she committed his homicide, because when it occurred she was three hours from Las Vegas by car.
The Clark County District Attorney’s Office fought tooth-and-nail for more than 7-1/2 years against Ms. Lobato’s habeas corpus petition filed in May 2010 that included a plethora of new evidence proving her actual innocence. After her habeas petition was granted on December 19, 2017 and a new trial was ordered, the DA’s Office decided not to retry her. The DA’s Motion to Dismiss the charges was granted on December 29, 2017.