North Dakota Supreme Court Grants Woman New Trial After Autopsy Reveals Innocence in Baby’s Death
The North Dakota Supreme Court has made a significant ruling in a case concerning Cassandra Jo Marvella Black Elk, a woman who pleaded guilty to child neglect before an autopsy revealed she did not cause her baby’s death. The court has concluded that Black Elk should have been allowed to withdraw her guilty plea, as she received improper advice from her attorney. While this decision overturns her conviction, it does not automatically end the case, as prosecutors still have the option to take it to trial.
The tragic incident occurred on February 19, 2022, when Black Elk’s 3-week-old daughter, Starlight, passed away in Bismarck. According to court documents, Starlight died after Black Elk and the child’s father were involved in a fight. Black Elk claims to have no memory of the fight, as she had been drinking that night with Starlight’s father. Additionally, she states that she cannot recall doing anything that could have led to her daughter’s death. Starlight was discovered unresponsive in a large bed when Black Elk woke up.
Prosecutors argued that Black Elk’s intoxication impaired her ability to care for her child, which resulted in the charge of child neglect. However, Black Elk’s defense attorney, James Loraas, advised her to plead guilty to the felony charge. After following this advice, she was sentenced to 18 months in prison.
It wasn’t until May 27 that the autopsy report revealed Starlight was a normally developed and well-nourished baby before her death. Authorities determined that her cause of death was unexplained sudden death or sudden infant death syndrome (SIDS). Judge David Borgen, in his January opinion supporting the vacating of Black Elk’s guilty plea, stated that her conduct was not responsible for Starlight’s death, citing the autopsy report.
Upon hearing about Black Elk’s case, the Great North Innocence Project in Minneapolis—a nonprofit dedicated to overturning wrongful convictions—decided to help her. Following Judge Borgen’s decision to vacate the guilty plea, Black Elk was released from the custody of the North Dakota Department of Corrections and Rehabilitation, having served nearly half of her prison sentence.
The Burleigh County State’s Attorney’s Office appealed Judge Borgen’s decision, claiming that the district court relied on hearsay from Black Elk regarding her attorney’s pre-plea advice. The State’s Attorney argued that Black Elk should have called her defense attorney to testify during the post-conviction hearing. However, since prosecutors did not object to the hearsay during the hearing, they relinquished their right to appeal the decision on that basis.
In its ruling, the North Dakota Supreme Court dismissed the prosecutors’ argument, stating that the lower court did not engage in hindsight second-guessing regarding the attorney’s advice. The court determined that Black Elk received misleading information from her counsel, who suggested they could deal with the autopsy report later. The Supreme Court emphasized that Black Elk relied on this misinformation to her detriment, and that her counsel’s advice fell below an objectively reasonable standard.
Despite the Supreme Court’s ruling, the case may still proceed to trial as prosecutors have the option to pursue it. The trial is currently scheduled to begin on September 26.
This decision by the North Dakota Supreme Court highlights the importance of proper legal representation and the potential consequences of inadequate advice. The ruling acknowledges that Black Elk’s guilty plea was made based on flawed counsel and that new evidence revealed her innocence in her daughter’s tragic death. Now, the question remains whether prosecutors will choose to proceed with a trial in light of these developments.
