Political Commentray and Opinion
Erika Mendieta 's Defence Lawyer wants to blame the father as this seem to be playing out more often these days in court trials, when mothers are charged for killing their children, and if this father had indeed killed his child, then justice should go forth on him, but according to the crown, Mr. Bermudez is not facing criminal charges and there were only brief references to him in the Crown’s opening statement.
In another example where a mother who killed her children, she blamed the father, as did a judge who lashed out at the father and placed the blame on him, as the mother was convicted of killing her children, by jury and how the judge if he could would reverse the sentence handed down.
Are we starting to see a new trend, where fathers are to blame for everything, in order to shift blame on mothers who kill their children?
Erika Mendieta defence lawyer told the jury that he will point the finger at Johnny Bermudez, who is the former common-law partner of Ms. Mendieta and the father of another one of her six children. “Johnny Bermudez killed her daughter,” stated Mr. Richardson. Mr. Bermudez is not facing criminal charges. Erika Mendieta will take the stand to deny having done anything to cause the death of her infant daughter, a jury was told on the first day of her second-degree murder trial. The 34-year-old Toronto woman is accused of killing her daughter Emmily Lucas on Nov. 13, 2003, with blows to the head and neck of the child inside her townhouse near Jane Street and Steeles Avenue, before calling 911 for assistance. Ms. Mendieta had previously “physically disciplined Emmily,” defence lawyer Bob Richardson revealed in an opening statement Wednesday to the Ontario Superior Court jury. “She would strike her on the arms, on the legs, on the buttocks. It was wrong to do that. But those bruises did not cause the child’s death,” said Mr. Richardson. “She did not kill her daughter.”
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Mother accused of killing infant to take stand
Shannon Kari October 27, 2010 – 6:31 pm
Erika Mendieta will take the stand to deny having done anything to cause the death of her infant daughter, a jury was told on the first day of her second-degree murder trial.
The 34-year-old Toronto woman is accused of killing her daughter Emmily Lucas on Nov. 13, 2003, with blows to the head and neck of the child inside her townhouse near Jane Street and Steeles Avenue, before calling 911 for assistance.
Ms. Mendieta had previously “physically disciplined Emmily,” defence lawyer Bob Richardson revealed in an opening statement Wednesday to the Ontario Superior Court jury. “She would strike her on the arms, on the legs, on the buttocks. It was wrong to do that. But those bruises did not cause the child’s death,” said Mr. Richardson. “She did not kill her daughter.”
The defence lawyer told the jury that he will point the finger at Johnny Bermudez, who is the former common-law partner of Ms. Mendieta and the father of another one of her six children. “Johnny Bermudez killed her daughter,” stated Mr. Richardson.
Mr. Bermudez is not facing criminal charges and there were only brief references to him in the Crown’s opening statement.
“This case is about the untimely death of 34-month-old Emmily Lucas,” said Crown attorney Allison MacPherson. The prosecutor explained that Ms. Mendieta had interim custody of Emmily when she died and was involved in a court battle with the family of the father of the infant for permanent custody.
Ms. Mendieta lived in the townhouse with her six children and Mr. Bermudez in November 2003. The day that Emmily suffered her fatal injuries, the couple went to a Canadian Tire store. Another customer will testify that he saw Emmily and the girl appeared healthy, the Crown said.
A couple hours later, Ms. Mendieta called 911.
“I need an ambulance,” a frantic-sounding Ms. Mendieta is heard saying on the 911 tape, which was played in court. “My little girl is dying. She is dying on me,” said Ms. Mendieta. Mr. Bermudez can be heard in the background, also in an agitated state.
Ms. Mendieta told the authorities initially that her daughter had previously fallen down the stairs and that she appeared to be sleeping on the couch, when she suffered a seizure.
The medical evidence that the Crown will present is “inconsistent with a fall down the stairs,” said Ms. MacPherson. “Emmily’s death was a result of blunt force trauma,” which included a blow to the neck and a brain injury that caused swelling.
The death of a child is “a terrible, terrible tragedy,” conceded Mr. Richardson. “Some of the evidence in this trial will be very disturbing,” the defence lawyer said. But he asked the jury to have an “open mind” as it hears the evidence over the next several months.
Ms. Mendieta was outside the residence, picking up her other children, at the time the fatal blows were inflicted, suggested Mr. Richardson.
“Johnny Bermudez is going to testify,” the defence lawyer informed the jury. “And I am going to ask him, how he killed Emmily Lucas. We will see what he says.”
National Post
Shannon Kari October 27, 2010 – 6:31 pm