Elsa E. Segura lured Monique Baugh into a fatal ambush that took place Dec. 31, 2019, prosecutors said. (Mug shot: Minnesota Department of Corrections)
The former probation officer who admitted on the stand that she set up a sham house-showing appointment with a realtor who ended up getting murdered will receive a new trial because the trial court flubbed jury instructions on her case.
The Minnesota Supreme Court on Wednesday determined that while there’s enough evidence to show that Elsa E. Segura, 31, participated in the kidnapping and felony murder of Monique Baugh, 28, the majority of justices ruled that botched jury instructions possibly contributed to her conviction.
From the ruling, quoting the trial court’s jury instructions (emphasis belonging to the state Supreme Court):
The elements of kidnapping to commit great bodily harm/terrorize are first, the defendant or another (or others) confined or removed Monique Baugh from one place to another without her consent …
Second, the defendant or other persons acted for the purpose of committing great bodily harm on the person of Monique Baugh or terrorizing Monique Baugh … It is not necessary that the defendant or that other person(s) actually caused great bodily harm to Monique Baugh or have terrorized Monique Baugh so long as the defendant or that other person(s) intended to do so.
Third, some part of the defendant’s act took place on or about December 29th through 31st, 2019, in Hennepin County.
…
If you find that each of these elements has been proved beyond a reasonable doubt, the defendant is guilty of this charge ; if you find that any element has not been proved beyond a reasonable doubt, the defendant is not guilty of this charge, unless you find the State has proven beyond a reasonable doubt that the defendant is liable for this crime committed by another person according to the instruction below.