UPDATE: Kirstin Lobato to be released Wednesday
UPDATE Jan. 3: Lobato has been given credit for time served and will be released from custody on Wednesday. Check back for updates.
UPDATE Jan. 2: The woman, recently exonerated from the 2001 murder of a homeless man is no longer in state custody. Authorities confirm Kristin Lobato has been transferred from a state women's correctional facility to the Clark County Detention Center early Tuesday evening.
Lobato is still behind bars for a charge of sexual misconduct with a prisoner.
The Department of Corrections says Lobato was sentenced to a year in prison for the sexual misconduct charge.
UPDATE Dec. 29: Judge Elizabeth Gonzalez ordered that the case against Kirstin Blaise Lobato be dismissed with prejudice. She will be released from custody from the NV Dept of Corrections forthwith.
Brooke Keast with the Nevada Department of Corrections says Lobato will not be getting out of jail completely right away. She says that Lobato will be transferred to CCDC to serve one more year on a 2007 conviction for sexual misconduct behind bars.
LAS VEGAS (KSNV) -- A Clark County judge has granted a new trial for a woman convicted in the 2001 murder of a homeless man.
On Tuesday, a decision and order was made by Judge Stefany Miley to grant Kirstin Lobato's request for a new trial.
Lobato, who was 18 at the time of the crime, was convicted of killing and dismembering a homeless man back in 2001. Prosecutors have taken on the case twice, proving to a jury both times that Lobato was guilty.
Lobato, however, has maintained her innocence and has filed several appeals and motions. She was granted an evidentiary hearing back in October for her post-conviction petition for writ of Habeas Corpus and her request for a new trial.
In the first trial, a jury found Lobato guilty of first-degree murder with use of a deadly weapon and sexual penetration of a dead human body. The Nevada Supreme Court reversed the conviction and remanded the case for a new trial. On Oct. 6, 2006, after a second trial, the jury found her guilty of voluntary manslaughter with use of a deadly weapon and sexual penetration of a dead human body, with a judgment of conviction filed on Feb. 14, 2007.
After years of petitions and appeals, on Nov. 23, 2016, the Nevada Supreme Court reversed its order in part, remanding the case back to the court for an evidentiary hearing to consider whether Lobato's "claims of actual innocence are cognizable."
Originally, Lobato told police a man tried to sexually assault her near Boulder Highway in 2001 and to defend herself, she pulled out a knife and cut him in the groin. A jury decided that man was 44-year-old Duran Bailey, a homeless man, who, later that July, was found brutally killed with his chest stabbed, head beaten, and genitalia removed. Police say Bailey was left behind a trash bin near what is now the Palms Casino and that his mutilated body was covered with debris.
However, Lobato's surrogate mother, Michell Ravell, believes Lobato was in her hometown of Panaca, three hours away, during the time of the alleged killing.
Now, with a new high-profile attorney, Lobato is hoping for another chance at freedom.
A status check to set a trial date is scheduled for Jan. 24, 2018.