Burleigh county woman's guilty plea vacated following autopsy

Photo by: WDAY Radio
Photo by: WDAY Radio

(Bismarck, ND) -- A judge in Burleigh County is ruling that a mother who pleaded guilty to causing her baby's death received bad advice about entering a plea.  

Judge Daniel Borgen says Casandra Black Elk was given bad advice by her lawyer which prompted her to plead guilty to child neglect last year. Two weeks later, the final autopsy showed Black Elk was not responsible for the baby's death.  Judge Borgen vacated her guilty plea last week and had her released from the Department of Corrections after serving nine months.  

The Burleigh County State's Attorney is appealing the decision.