Angel Eyes

After doctors examined Jasmine, they told the young parents that she had a torn esophagus, but they couldn't explain what caused it. Social workers on staff met with Caleena and Justin and couldn't figure out what happened, either, so they closed their inquiry. At the time, Caleena and her relatives thought the doctors might have caused the tear when they put the tube down her throat. Now they're not so sure.

When police officers later arrested Justin in connection with Jasmine's death, they recommended charging him with first-degree murder. But prosecutors felt they couldn't prove the necessary level of intent, even though the state legislature had passed a law in 1995 allowing first-degree murder charges to be filed without having to prove premeditation when an adult in a position of trust kills a child under the age of twelve. "We still felt there was insufficient evidence to support that charge," says DA spokesman Michael Knight. Instead, they charged Justin with child abuse resulting in death, a Class 2 felony that can bring four to 48 years in prison. (Caleena has never been charged in the incident.)

In early December, Justin appeared in Arapahoe County court in an orange jumpsuit. Also present were more than a dozen of his family members and friends, who tried to convince the judge to release Justin on a $50,000 bond. They provided the judge with letters attesting to his fine character. "He has a heart of gold that shines, whether you know him well or just met him. Throughout his entire childhood, he always had a calm, warm nature and never instigated fights," wrote Michelyn Lintz, a longtime neighbor and family friend who administers the pharmacology department at the University of Colorado Health Sciences Center and had just hired Justin to manage a database. "Justin has an almost naíve perspective of people and the world but is nonetheless very responsible.... His innocent view of the world comes from, in part, the fact that he comes from a very loving stable family and went to preschool with many of the best friends that he graduated with from high school."

Anthony Graves, a graduate student at the University of Denver, explained that it had been many months since he'd been in close contact with Justin but that the two had been good friends throughout high school and college. "The Justin McIntosh I grew up with is kind and compassionate," Graves wrote. "I have always regarded him as a sensitive, attentive listener and a loving friend."

And Margritte Lindsey, a woman who taught at a school Justin attended and watched him grow up with one of her sons, described the six-foot-six-inch-tall man as a "gentle giant" who was always the picture of calm. "He was tall, neat and clean, very handsome, a good listener, conservatively dressed, reserved, well spoken, with impeccable manners."

Despite the accolades, the judge set bail at twice the amount that Justin's attorney had requested. The McIntoshes put up the money immediately, and Justin was free to go home and live with his parents. He wasn't allowed to have contact with Caleena or with anyone under the age of eighteen.

Justin's preliminary hearing was scheduled for late last January, but he waived his right, and his attorney instead used the court appearance to ask the judge to lift the restriction banning him from having contact with kids. Justin's family wanted him to bond with his nephew, who had been born less than a month after Jasmine. "I feel very comfortable having my son around Justin and have witnessed very positive interactions between the two of them in the past," his sister Kara Ali wrote to the judge, who denied the request.

At that point, the case was bound over to district court for arraignment. But instead of entering a plea during the February 26 hearing, Justin's attorney requested a continuance, which was granted. At the next court date, May 5, the prosecuting attorneys said they needed additional time to review medical records, so the arraignment was pushed back to June 13. And when June 13 came, it was the defense's turn to ask for another continuance; Justin's attorney argued that extra time was needed for a forensics expert to determine whether Jasmine had had any pre-existing health conditions that may have contributed to her death. Finally, on July 14, Justin entered a plea of not guilty, and a jury trial was set for November 18. However, that date has since been pushed back to the first week of January.

Caleena and her family are frustrated by how long the case has dragged on and feel that the DA's office hasn't shared enough information with them. Until recently, the family had met with Deputy DA Pearson only once. Following some of the hearings, they had tried to squeeze in a few minutes of face time with Pearson, only to hear her say what a class-act attorney the McIntoshes hired. "She said the sky's the limit on what his family will spend to defend him," says Pam Martinez.

The family complained to the DA's office about the lack of involvement, and Pearson has since been more accommodating. But they still don't understand why there was insufficient evidence to charge Justin with first-degree murder -- or why he's been allowed to leave the state three times in recent months to accompany his mother on family-related trips, a fact that no one in the DA's office bothered to share with them.