How Judge Boyd Delivered a LIFE Sentence!! The Story Behind One of Her Toughest Cases

[00:00:00] Speaker 1: The same level of love that we have for animals in Bexar County and in other states is not the same love that we show to children who are in need. [00:00:09] Speaker 2: We're allowed to invite and ask the expert witnesses. Again, this is our opening statement. This is called explanation of the rule. Rule 705 allows us to question witnesses. [00:00:26] Speaker 1: Sustained. The objection has been sustained, counsel. [00:00:35] Todd McRae: And I don't mean this out of any disrespect at all, but intellectually, Katrina is what Dr. Murphy describes as well below average intelligence. And we've seen people... [00:00:49] Speaker 4: Who did you subpoena from Channel 12? The news editor, the news director. [00:00:55] Speaker 1: All right, is the news director from Channel 12 in the courtroom? No, they are not. [00:01:00] Speaker 4: It was the Dukas take them to bring the news report. They are not here. Well, the editor is not here. Somebody from Channel 12 is selling it. [00:01:09] Speaker 5: The Bexar County prosecutors say little Mercedes LaSoya did because of the horrific actions of her mother and her boyfriend. San Antonio police say the visible bruises, scratches, cuts, and swelling on almost every visible part of her body. Today, her mother, Katrina Mendoza, in court to accept a plea deal. According to that deal, she won't be sentenced to more than 45 years in prison. Before a judge, she pleaded guilty to assault, to intentionally or knowingly causing serious bodily injury. Her own daughter. It happened last year. Back in February, Mendoza took her daughter Mercedes to a hospital after she became unresponsive. Hospital staff tried to revive her. Homicide detectives then launched an investigation and found evidence that linked Mendoza to her injuries. SAPD's investigation also led to Mendoza's boyfriend, Jose Angel Ruiz, being arrested and charged as well in his case. Now, that's slated to go to trial in October. She's expected to be sentenced after that trial is completed. [00:02:16] Speaker 1: We're going to bring back your case on August 4th. My understanding is that there's still some outstanding discovery. Do you understand? Yes. And defense, if there are bond motions that you wish to follow, wish to be heard, just confer with the state, and then Ms. Ferguson will place it on the docket. [00:02:33] Todd McRae: Thank you, Judge. I just wanted to note for the record that my understanding is the investigation process is not yet complete. [00:02:39] Speaker 1: All right. Just one moment. Court is going to go on the record in 2022 CR 4248B, state of Texas versus Katrina Mendoza. Can I have parties announced for the record for the state? [00:02:50] Michelle Hayden: Michelle Hayden for the state. [00:02:52] Speaker 1: For the defense. [00:02:53] Todd McRae: Todd McRae for Katrina Mendoza. Good afternoon. [00:02:56] Speaker 1: Good afternoon. And are you Ms. Mendoza? Yes, ma'am. All right. As previously stated, I've been informed by the state that the discovery is not complete. So this case is coming back on August 4th at 9 a.m. Defense, if there is a bond issue that you would like to file, confer with the state. And if there is no agreement, just speak with the court coordinator, and she will place it on the docket for the court. Is there anything else you wish to put on the record? [00:03:25] Todd McRae: One other thing, Your Honor, I think this was mentioned earlier, we would request that Mr. Mendoza and the co-defendant in this case be kept in separate places. That way we can minimize whatever happened earlier. [00:03:45] Speaker 1: My understanding what happened is there was discussion, and that's not allowed. So your case is set on August 4th. [00:03:57] Speaker 7: Yes, ma'am. [00:03:58] Speaker ?: All right. [00:03:58] Speaker 1: Is there anything else? [00:04:02] Todd McRae: It's all right, Judge. Thank you. [00:04:03] Speaker 7: Thank you, Judge. [00:04:04] Speaker 1: Thank you. All right. So the last time we were here on June 9th, we had it set for discovery for August 4th. Then August 4th, we recalled for today because, Counsel, you were ill. I was sick. Yeah. And then there was no autopsy report. So do we have the autopsy report? [00:04:29] Michelle Hayden: Yes, Judge. It was received, I believe, Tuesday it was uploaded, if not for sure by yesterday. It was this week, Judge, and the medical examiners upload it to eDiscovery automatically. So it's in our electronic system and the defense's electronic system. [00:04:45] Speaker 7: Okay. [00:04:46] Michelle Hayden: So it is received. We also received additional evidence from the detective, a supplemental report, and there are additional items still pending. [00:04:58] Speaker 1: All right. So what is pending? [00:05:01] Michelle Hayden: There was a search of Mr. Ruiz's vehicle, and that turned up an additional cell phone. So now the state intends to get a search warrant for that cell phone. There was a safe recovered also in the vehicle. The state intends to get a search warrant for the safe. There is a SANE exam pending, I mean, testing from SANE collection that is pending, and additional statements from witnesses at the hospital. [00:05:34] Speaker 2: Okay. [00:05:35] Michelle Hayden: Also, Judge, seeing as we received the autopsy this week, the state intends to evaluate and consider for possible enhancement on both defendants. Okay. [00:05:47] Speaker 1: So how much time as far as discovery? And, counsel, we're just in the discovery phase. And then once we get through the discovery phase, then there's going to be state you need to make an offer, I require that the state make an offer in all cases, no matter what that offer may be. So, how much time are you expecting to get all of these documents to defense counsel? [00:06:12] Michelle Hayden: The detective put in his report, projected time is three to four months, Judge. I can try to tell him to speed that up, but that's what he put in his supplement, three to four months. [00:06:23] Speaker 1: All right. So, Ms. Ferguson, on this case, I'm going to want a 60-day reset for discovery. And we're going to see where we are at that 60-day mark. [00:06:30] Michelle Hayden: Okay, Judge. And hopefully, by then, we will have an answer on enhancement as well. [00:06:36] Speaker 1: Okay. And I'll put on the file, detective asked for three months, three to four months, you said? I'll put that we were setting it for 60 days, but so I won't say where the discovery is. So, I'm going to put in parentheses, detective asked for three to six months. [00:06:56] Michelle Hayden: Yes, Judge, and I will let him know that you gave us the 60 days and to see what he could try to get done in that 60 days. [00:07:02] Todd McRae: All right. Can I make a request your own? Yes. 60 days is going to put us. We just have it. It's a week in my government. [00:07:14] Speaker 1: All right. Ms. Ferguson? It'll probably be after that. Actually, Norma, can you put it after Thanksgiving? [00:07:22] Michelle Hayden: The first week, December, maybe? [00:07:25] Speaker 1: We still need to be in the month of November. Leaves are falling, you know, trees are changing colors. We need to -- at least don't fall until January or February, Judge. Well, here in San Antonio. [00:07:37] Todd McRae: Maybe that 29 and 30, which would be a duty in the next. [00:07:42] Speaker 1: Ms. Ferguson, know that since this is set on the Thursday, we want to keep it close to them. All right. Where are we on this case? I saw that an offer was tendered on June 5th. Was an offer tendered? [00:07:57] Speaker 7: There was an offer. Defense has given us a counteroffer. It is a serious counteroffer. And obviously, this is a very serious case with a lot of materials, a lot of implications. So I will need some time to go through everything and meet with the appropriate people in our office to get an answer to Mr. McRae. [00:08:23] Speaker 1: All right, this is coming back on July 13th. Okay. That is it. There will be no further plea deadline dates. That is it. And after that, if there is an agreement not reached, there's going to be a quick turnaround for jury trial. [00:08:42] Speaker 7: Okay. Thank you. [00:08:42] Speaker 1: Ms. Ferguson, this case is coming back on July 13th. And are you Ms. Mendoza? [00:08:49] Speaker 2: Yes, ma'am. [00:08:50] Speaker 1: Counselor, have you received all the discovery and did you review it with your client? [00:08:53] Todd McRae: Yes, ma'am. [00:08:54] Speaker 1: Court will find that the state is in compliance with discovery. Ms. Mendoza, I'm showing you what's entitled Application for Deferred Adjudication. Did you review that with your attorney? Did you understand it? And did you sign it? [00:09:05] Speaker 8: Yes, ma'am. [00:09:06] Speaker 1: Did you understand in Count 1B, you're charged with the offense of assault, intentionally knowingly serious bodily injury. That's a first degree felony. The range of punishment is anywhere from 5 to 99 years or life in prison and up to a $10,000 fine. Did you understand? [00:09:24] Speaker 7: Yes, ma'am. [00:09:24] Speaker 1: If your punishments be assessed at a cap of 45 years, the state opposes your application for deferred adjudication. And there's an affirmative finding of family violence. And also there is a plea bargain agreement that is attached. And was that attachment filled out today, state defense? So with regards to your plea bargain agreement, there's an affirmative finding of family violence. What that means is that you're not allowed to own or possess any weapons or ammunition. Did you understand? Yes, ma'am. And did you understand with an affirmative finding of family violence, you're not allowed to be designated as primary custodial parent? [00:09:57] Michelle Hayden: Yes, ma'am. [00:09:59] Speaker 1: And did you understand as a part of your plea bargain agreement with the state that your sentencing will be postponed until the completion of the trial of Jose Angel Ruiz? Did you understand that? [00:10:10] Michelle Hayden: Yes, ma'am. [00:10:10] Speaker 1: And did you understand that if you fail to comply with the terms of this plea bargain agreement that your plea that you enter into, whether you plead guilty or no contest, that plea will stand. And if it's determined that you fail to fulfill your obligations under the agreement, you will be subject to the full range of punishment. Do you understand? Yes, ma'am. And that full range of punishment is up to life in prison and up to $10,000 fine. Did you understand? Yes, ma'am. Did you understand that to be the entirety of your plea bargain agreement? [00:10:40] Speaker 7: Yes, ma'am. [00:10:41] Speaker 1: Defense? [00:10:41] Speaker 7: Yes, Your Honor. [00:10:42] Speaker 1: State? [00:10:42] Speaker ?: Yes. [00:10:42] Speaker 1: Next, I'm going to show you the paragraph entitled "Wave of Appeal Paragraph." Did you review that paragraph with your attorney? Did you understand it? And did you sign it in both places? [00:10:55] Michelle Hayden: Yes, ma'am, I did. [00:10:56] Speaker 1: Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand? Yes, ma'am. Counsel, are there any such motions? No, Your Honor. Then to count one paragraph. [00:11:11] Todd McRae: Other than in discovery, we ask for discovery of the phone and the contents of the phone. And the state's response was that the contents of the phone, that's the co-defendant's phone, it's still being extracted because you might remember the hearing. There's a code there that they haven't been able to break. [00:11:40] Speaker 1: All right, and I believe that's, if I'm remembering correctly, I believe that's the case where the defendant offered the defendant offered to give us code. [00:11:50] Speaker 7: Right. Well, I'm being told we just got a cell phone downloaded in so we can provide that to defense counsel. [00:11:59] Speaker 1: All right, very good. [00:12:01] Michelle Hayden: It may have already been uploaded, to be honest. I've already given it to them to be uploaded, so I will double check on that. [00:12:07] Speaker 1: All right, Ms. Mendoza, you understand that there's a cell phone dump from the co-defendant's phone? [00:12:12] Speaker 8: Yes, ma'am. [00:12:13] Speaker 1: And were you aware of this before entering this plea? That there was a cell phone? [00:12:19] Speaker 8: Yes. [00:12:20] Speaker 1: And were you aware before entering this plea that the state did not have the contents of that cell phone to turn over to your defense counsel? Yes. All right, the state has informed the court that that has been completed. Do you still wish to continue with this plea? [00:12:35] Speaker 7: Yes. [00:12:36] Speaker 1: All right, and are you waiving your right to have the contents of that phone viewed before entering this plea? Yes. Defense, is that correct? I concur with that. [00:12:47] Speaker ?: All right. [00:12:48] Speaker 1: But even with that being said, state, you're going to provide that information to them? [00:12:53] Speaker 7: Yes, absolutely, Judge. Okay. [00:12:55] Speaker 1: All right, then to count one paragraph B, how do you plea? Guilty, not guilty, or no contest? [00:13:00] Speaker 7: Guilty. [00:13:01] Speaker 1: State, any evidence? [00:13:03] Speaker 7: No, no, we offer states exhibit number one and all attachments. [00:13:06] Todd McRae: Which I reviewed thoroughly with Ms. Mendoza and fire objections. [00:13:10] Speaker 1: All right, I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it? Did you sign it in all the appropriate places? I did. After reviewing states exhibits one and attachments, the court is going to find their sufficient evidence to find you guilty. Court will defer find a new guilt as you've applied for deferred adjudication. Ms. Ferguson, when is the codependent sent for trial? October 3rd? All right, so the codependent's case is going to trial on October 3rd. And we will send this for a PSI. And we will be back, you will most definitely be back on, I want to say October 4th, because we'll have jury trial on October 3rd. So Ms. Ferguson, let's just put this on the docket for, let me look at the calendar. Ah, so October 3rd, we'll probably do jury selection. So Norma, let's just bring this back on October 2nd to make sure that everything is still proceeding the way it's supposed to proceed. So we'll put October 2nd. And that's not the date you will have your sentencing according to your plea bargain agreement with the state. Your sentencing will take place after the defendants, the codependent's jury trial. Do you understand? [00:14:35] Speaker ?: Yes, ma'am. [00:14:35] Speaker 1: So we're going to bring you back, we can go off the record. We're going to bring you back on October 2nd. Probation on Mendoza, I'll need a PSI done. We're going to bring her back on October 2nd. But the actual sentencing is not going to take place until after the codependent's jury trial. All right, so we'll bring you back on October 2nd to see where we are with the jury trial. But the jury trial should be proceeding on October 3rd. [00:15:04] Todd McRae: And one final thing, Norma. [00:15:06] Speaker 1: Yes. [00:15:07] Todd McRae: So you can see that Ms. Mendoza's status right now, because she's dressed in red, is pretty much what they call isolation. [00:15:16] Speaker 1: Yes. [00:15:17] Todd McRae: She's isolated. She only gets one hour to be outside of that isolation. We would ask the court respectfully if the court would review her status. If she is classified as protective custody status, she gets a few more hours out of isolation. And I know the court knows this, but she also could participate in classes and things like that. So our plea would be to ask the court to review her status at the jail. And we would respectfully ask the court to classify her as protective custody rather than the isolation she's in. [00:15:59] Speaker 1: All right. Well, what I can tell you is we've had situations of this nature before. It would be best so that I won't have any responsibility if something were to go awry. I'm not saying it would, but if you will reach out to the sheriff or to classifications and let them know you would appreciate her being re-classified, they will usually do that. But they're going to want it in a form of a letter from you signed by your client. [00:16:31] Todd McRae: Okay, so you think a letter to the sheriff's classification, the question protected custody might do it? [00:16:37] Speaker 1: Yes. And then if that doesn't happen, we can always come back and have a hearing on it. [00:16:42] Todd McRae: Do you understand Ms. Mendoza? Yes. Thank you. [00:16:44] Speaker 1: You're all right. You're welcome. Is there anything else? [00:16:47] Speaker 7: Nothing further from the state. [00:16:48] Speaker 1: All right. Thank you. [00:16:49] Speaker 8: I didn't think that she was dying. [00:16:54] Speaker 5: She may have also played a part two years after five-year-old Mercedes Lasoya you're hearing from one of the suspects accused of and torturing that little that was her own mother. While Katrina Mendoza is facing charges, she's also testifying against the other suspect in this case, her ex-boyfriend Jose Ruiz. [00:17:13] Speaker 9: Erica Hernandez was in the courtroom as jurors saw photos and videos of the that little Mercedes suffered. And the details, I got to tell you, they're pretty tough to hear. [00:17:25] Speaker 8: He would spank them. He would pull her and cover her mouth and nose, use thumbtacks on her feet. [00:17:38] Speaker 10: Katrina Mendoza laid out the abuse. She says she and ex-boyfriend Jose Ruiz committed against her five-year-old daughter Mercedes Lasoya. Mendoza told jurors some of the images shown in court were taken by Ruiz on his cell phone. While jurors and those in the gallery could be heard crying, neither Mendoza or Ruiz appeared to show any emotion. [00:17:57] Speaker 11: Did you ever try to stop Jose from during these days to Mercedes? [00:18:02] Speaker 10: Yes. [00:18:03] Speaker 11: How many times? [00:18:04] Speaker 10: Several. [00:18:06] Speaker 2: Did he listen to you? [00:18:07] Speaker 10: No. Photos showed Mercedes with while Mendoza said she did notice the injuries. She says she and Ruiz tried to help Mercedes heal. [00:18:20] Speaker 8: He would buy her the hot and cold cooling pads and put them on her bruises. He would buy Neosporin for her cuts. [00:18:32] Speaker 10: Mendoza has accepted a plea deal in exchange for her testimony. She faces up to 45 years in prison. The emotional day has wrapped up, but we can expect more emotional testimony tomorrow when the medical examiner takes the stand. Ruiz is facing up to life in prison if he is convicted. At the Kidena Reeves Justice Center, Erica Hernandez, KCAT 12 News. [00:18:53] Speaker 2: The medical examiner did an autopsy. This basic cause of death was murdered by muscle collapse. I'm sorry. [00:19:06] Speaker 4: Take that word back. Excuse me. Excuse me. [00:19:10] Speaker 1: All right. The objection will be sustained defense. This is what you all requested that that term not be used. So you're not allowed to use that term counsel. [00:19:20] Speaker 7: I think you are. [00:19:25] Speaker 2: Emmy said there was muscle collapse, and that was the cause of the child's death. But he didn't rule out asphyxia. And that's something I've been working on because I believe it was a matter of asphyxia that caused her death based on the testimony of Jordan, the six-year-old child. [00:19:45] Speaker 11: I'm going to object to argument, Judge. Sustained. [00:19:48] Speaker 2: Jose has been charged with various counts as they were just read to you. The state's main witness is Katrina Mendoza. She pled guilty to one count of serious bodily injury, but not that she did anything. That she failed by omission. [00:20:07] Speaker 11: I'm going to object to argument. Sustained. Not that she did anything but omission. Again, I'm going to object to argument. It's the same statement. [00:20:19] Speaker 1: Sustained. [00:20:20] Speaker 2: There were many charges, but ultimately pled to omission. Now, Judge records and publishes everything that goes on in this courtroom. Normally, we don't have to object to. [00:20:31] Speaker 1: Sustained. Ladies and gentlemen, I'm going to ask that you step outside the courtroom briefly, and I will bring you back. You're not allowed to discuss anything that you've heard so far. Does everyone understand? All right. Thank you. [00:20:46] Speaker 2: In prison. Actions applied for probation. Her sentence is delayed until after this trial to see how well she does in bringing charges and proving the charges. [00:20:57] Speaker 11: I'm going to object to argumentative. Sustained. [00:21:02] Speaker 2: She doesn't get her sentence until after this case. Texas law of criminal procedure 3814 does not allow a person to be convicted solely on the testimony of. [00:21:20] Speaker 11: I'm going to object to argumentative. Sustained. [00:21:23] Speaker 2: Reading the rules argumentative. [00:21:24] Speaker 11: Sustained. [00:21:28] Speaker 2: I hope to prove that the source of all relevant evidence against Jose on Hell is from Katrina. Allegedly, this happened in an apartment. Anything that was done would have been a limited number of people that were witnesses. But there is an advantage to Katrina to testify against her. [00:21:50] Speaker 11: That's an object to argumentative. Just sustained. [00:21:59] Speaker 2: Additionally, there's another rule that's going to be relevant. And that is the rule of evidence number 705. That rule applies to expert witnesses. And based on my theory that Katrina's behind everything that's heard, this means that we're allowed to invite and ask the expert witnesses. [00:22:21] Speaker 11: Again, this is sustained. [00:22:22] Speaker 2: Not opening statement. This is called explanation of the rule. Rule 705 allows us to question witnesses. [00:22:32] Speaker 1: Sustained. [00:22:34] Speaker 2: I'm not allowed to mention any rules. [00:22:36] Speaker 1: The objections has been sustained. The objection has been sustained, counsel. [00:22:44] Speaker 2: Am I clearing on or I'm not allowed to mention any rules? [00:22:46] Speaker 1: The objection has been sustained, counsel. [00:22:52] Speaker 2: In regard to the rules that I'm not supposed to mention. We have to ask the person their underlying data. [00:23:00] Speaker 11: I have to object to the sidebar comments here. Ruling. [00:23:03] Speaker 1: Sustained. [00:23:06] Speaker 2: The underlying data for their decisions. That ruling or rather that hearing has to be outside the presence. [00:23:12] Speaker 11: Judge, I'm going to. Sustained. [00:23:19] Speaker 2: I've heard about the burdens of proof. And the state has to convince you beyond the reasonable doubt of the facts. Everything that comes out by and large is from witnesses. Not what I say. And that's another thing. Because I'm talking to you because I'm saying things to you. You don't have to listen to me. And you don't have to listen to the state. You do have to listen to the judge. The reality is you're going to be making your decision based on the evidence against. That's presented against Jose Angel. There are clarifications and you have to wait until the end to find out. There was a press conference. [00:23:54] Michelle Hayden: I'm going to object to any press. It's not something that should come in evidence. [00:24:00] Speaker 2: Donna, what's relevant about talking about. Excuse me. Because it's a motivation for why. [00:24:05] Speaker 1: Excuse me, counsel. Make your opening statements. Opening statements are what you believe the evidence will show. So if you don't believe the evidence will show it, then it should not be before this jury. [00:24:23] Speaker 2: There was a press conference right after the Mercedes death. And at that press conference, Joe Galli, who used to be one of the reporters for Channel 12, asked a witness, a county member. I'm going to object to hearsay. [00:24:36] Speaker 1: All right. That'll be overruled. [00:24:38] Speaker 2: Asked a family member about what had happened. And the family member said they've all tried many times. Reports to CPS and the police to try to save Mercedes. Nothing was done. That's relevant because Joe next asked. This is objection argumentative. [00:24:56] Speaker 11: Sustained. [00:24:59] Speaker 2: So anyway, motivations came out for that factor. [00:25:08] Speaker 1: Are there any witnesses in the courtroom? Who did you subpoena from Channel 12? The news editor or the news director. All right. Is the news director from Channel 12 in the courtroom? No, they are not. [00:25:23] Speaker 4: It was the Duke has taken to bring the news report. They are not here. Well, the editor is not here. Well, the editor is not here. [00:25:31] Speaker 2: Somebody from Channel 12 is. [00:25:32] Speaker 1: So they are not the editor. Who did you, did you subpoena the editor or did you subpoena the person who's here? [00:25:38] Speaker 2: I don't know who's here. And Miss Mitchell is the one that said there was some witness in the courtroom. The only person I subpoenaed was the head of the newsroom at Channel 12. [00:25:47] Speaker 1: All right. Is the head of Channel 12 present in the courtroom? They are not. Call your first witness. [00:25:56] Michelle Hayden: Show him any mercy, just like he did not show Mercedes any mercy. And sentence him to the max punishment allowed on each count. [00:26:04] Speaker 1: All right. Ladies and gentlemen, Deputy Laura will take you to the back. And the previous four that I've talked to before, she'll take you to a separate room. Everyone, please rise for the jury. [00:26:23] Speaker 5: Live from case at 12, the night beat starts right now. It has been more than two years since Mercedes Lasoya's death. But tonight, the man convicted of abusing the five-year-old will spend the rest of his life in prison. Jurors sealed Jose Ruiz's fate about 90 minutes ago after hearing five days of testimony, including that of Mercedes' mother and Ruiz's ex-girlfriend, Katrina Mendoza. Our Erica Hernandez has been following this case since the pair were indicted almost two years ago. And she was in the courtroom as Ruiz heard the verdict and his sentence. [00:26:58] Speaker 10: The family of Mercedes Lasoya in tears as they walked out of the courtroom this evening and just glad this trial is over and they got justice for Mercedes. Ruiz was sentenced to life in prison for the death of Mercedes Lasoya. It was a long evening, but jurors only took 45 minutes to find him guilty and 15 to sentence him to life. We spoke with Mercedes' great-grandmother after the verdict, and this is what she had to say. [00:27:25] Speaker 12: This is an example that we have to believe in the justice, which wasn't easy at first, but I do believe in it now and more than ever. And if you ever see any child suffering, do not hesitate to call police or call authorities. Was justice served today? Yes, justice was served. And I'm very, very thankful for that. [00:27:51] Speaker 10: As far as Katrina Mendoza, she is still facing her sentencing date. She took a plea deal. The max she can get is 45 years. There is no date set for that yet. As for Ruiz, he will now be transferred to a Texas prison where he will serve his term. At the Cadena Reeves Justice Center, Erica Hernandez, KCET 12 News. [00:28:15] Speaker 1: All right. We are here for sentencing. You entered a plea on August 7, 2023 to count one paragraph B of guilty. The state waived without objections. Count one paragraph A counts three, two, four, and five. The court found there was sufficient evidence to find you guilty. However, the court deferred finding of guilt as you would apply for probation. According to the plea bargain agreement, punishment is to be assessed at a cap of 45 years in the prison. There is an affirmative finding of family violence and the state opposes your application for deferred adjudication. Have both parties had a chance to review the PSI report state? Yes. Defense? Yes, Your Honor. Any objections to the PSI report state? No. Defense? No, Your Honor. All right. And the defense counsel did email to the court a report by Dr. Murphy. He included the state in that email as well. Neither party had any objections to the court reviewing that before sentencing. And the court's understanding both parties wanted to make sure that I had reviewed that. Is that correct? That's correct. Yes. All right. So the court has reviewed the documents that you supplied defense? [00:29:36] Todd McRae: From many years of experience, both as I know the court has served both as a prosecutor and as a defense attorney. And the court is well aware of the punishment options, the punishment theories that we have in the Texas penal code. So the court can obviously punish Ms. Mendoza or the court could look at a form of rehabilitation for Ms. Mendoza. I'd like to back up to the first time that I met Ms. Mendoza and I've represented her for a number of years now. And I'd like to say that during the course of the attorney client relationship with Ms. Mendoza, she has always been open, honest, straightforward and truthful with me. I have never felt that she was trying to hide anything. I never felt that she was trying to protect herself in any way. She entered a plea, a timely plea, I believe, before the court. She entered a guilty plea. She admitted to causing these serious violent injuries by omission. She agreed to testify at the Jose Ruiz trial. And she did testify at the Jose Ruiz trial. I think that's significant that she would do that. And it wasn't just to get the plea bargain agreement. I think she felt like it was one way that she could take a step forward and be a better person than the kind of person that she was during the three-week period of time that she was with this Jose Ruiz. She also spent quite a bit of time with the district attorney's office debriefing her story. I think we spent maybe as much as eight hours in the district attorney's office talking to Ms. Mendoza about every aspect and detail of this case. The court has before it not only the trial because, Judge, you presided over the trial of Jose Ruiz and you heard Ms. Mendoza's testimony directly from her. And you have the PSI where Ms. Mendoza has spoken to the probation department. And I'd like to say that during all of these encounters with the different processes here in the judicial system, in my opinion, Katrina Mendoza has been open, honest, and has testified to the best of her ability. And that's including the statements that she made to the probation department, the statements that she made in front of the jury. And most recently, the statements that she made during her clinical evaluation by Joanne Murphy, Dr. Murphy, who did a clinical evaluation and has written a 32-page psychological evaluation, which the court has before it. Concerning that report, I'd like to emphasize three aspects of that report. It would take too long to go through it in a lot of detail. But one, Dr. Murphy feels that Katrina, just like I feel, has been open and honest in her clinical evaluation. Dr. Murphy felt like Katrina was honest to a fault to the extent that she had to admit things about herself that people don't like to say about themselves. And Katrina was open enough and brave enough to be able to throw her own self under the bus, so to speak. The second thing that I'd like to emphasize about this report, and it was also something that Dr. Murphy emphasized is, and I don't mean this out of any disrespect at all, but intellectually, Katrina is what Dr. Murphy describes as well below average intelligence. And we've seen people, Your Honor, in the court system for a long time where people with well below average intelligence levels are able to function in the world pretty well. And they get along as best they can with the limitations that they have. But I think it is significant that Dr. Murphy has found that Katrina's intelligence, excuse me, intelligence level is well below average, and specifically in her words, and that's a result of a clinical evaluation. And the reason that's significant is because Katrina was, in a three week period of time, found herself in a very, God willing, none of us have to be in a situation like that, Your Honor. And in a way, she would have had to figure out a way to think herself out of the trap that she found herself in. And we're not offering below average intelligence as any kind of defense. But we'd like the court to consider that in deciding what the appropriate outcome would be. And on top of that, Your Honor, Dr. Murphy felt like that Katrina did not know that these injuries, at the time they were being inflicted, all the way up until the very end, when Mercedes stopped breathing, that her life was in danger. Now, ordinarily, Your Honor, given the horrible nature of what we've heard at the jury trial and what we can see from the investigation, I guess the common sense would be that you would think that these injuries would rise to the level of causing death. But if you look at the autopsy, and if you remember the testimony of the medical examiner, there was a big question about the cause of death for quite a long period of time. And so, Dr. Murphy felt like that at no time did Katrina feel like the injuries that she did see inflicted and that she omitted to seek help for rose to the level of endangering her life. And so, Dr. Murphy found that to be significant, another significant factor in evaluating Katrina, one, the fact that she was truthful, two, the below average intelligence, and three, that she didn't realize that these injuries were life threatening. I would like to emphasize also something that didn't show up in the jury trial too much. It might have shown up in the, uh, in pretrial hearings. And I know it shows up in the prosecution gun, but Jose Ruiz had guns in that house and there were guns all over the house. And there are specific instances where he took the girls and Katrina into a closet when the police were knocking on the door and held them at gunpoint and said, you're going to be quiet. You're not going to answer that door. So there was not only this, the psychological. And the physical, uh, obviously Mercedes was being physically, but psychologically Katrina was being by the physical that Jose was inflicting on Mercedes. And this has risen to a level, your honor, where Dr. Murphy has diagnosed Katrina with two serious mental illnesses. One, uh, major depression and two post-traumatic, excuse me, post-traumatic stress disorder, PTSD. And I think both of these mental illnesses, and you can see from the case history, go back way back in time, your honor, to a point in time where the reports reflect that Katrina was, uh, at one point after her mother and father separated, she was living with her mother and she was not only by her mother physically, but she was also a stepfather. And she reported this to his, her mother and her mother just swept it under the rug and, uh, and didn't seek an investigation and in fact talked her out of reporting it. Later on, Katrina reported to a counselor at the school and the authorities got involved. And again, the, uh, her mother sat down with her and told her, don't do this, don't do this. And so the investigation languished, uh, you can also see in the report, your honor, uh, and, and we're not trying to normalize anything at all that Jose Ruiz did, but Katrina witnessed behaviors, uh, sort of like some of the ways that Jose Ruiz was disciplining, disciplining, disciplining Mercedes kneeling on, uh, rice, for example, that's something that Katrina saw when she was living with her mother, also holding up objects. That's something that Katrina saw as a young girl in her mother's, uh, home. We, we also know your honor from, and the court may not be aware of this, but her mother was investigated for the death of, uh, one of Katrina's stepbrothers. And he was uh, to such an extent that he eventually passed away and an investigation was conducted. And, uh, for some reason it never made it to an indictment. And, but that is part of the background where Katrina was raised like this in an abusive situations. She never got any help for it. She never got any counseling for it. And so for her to be able to say these things, uh, about her life and to be open and honest, I think shows her honesty with the court. Um, she also had these children very young, your honor. And, and in that report, the clinical evaluation, she is says that she never knew that she wasn't supposed to be having sex at this young age. And she had those two children very young. They were only eight months apart. Uh, she was a minor most of the time when these CPS investigations were going on. And, and I think it's remarkable that the state has actually sponsored a CPS worker who says that the reports reflect that the children were happy and bonded. Um, and there were some incidences, but it had to do with reports that were eventually ruled out. And I, and I think the court remembers from the jury trial, the, the hand, uh, mark episode that happened in the daycare center, and that was eventually ruled out and, and the CPS investigation was closed. So, uh, Judge, um, you know, I was, I was, I was raised in a, in a family where none of this was normalized at all. And, uh, I can't imagine growing up in, in circumstances like this and, and judge, this is not an excuse for Katrina at all. We're not offering this as an excuse. She, she has told the court that she feels responsible. She told the jury that she had the courage to come in here. And I know she was nervous. She could see her leg moving up and down pretty much the whole time, but she did her best to debrief with the state. She did her best to testify in front of that jury. She did her best to talk to the, to judge, uh, to Dr. Murphy. And ultimately Dr. Murphy concludes this. She says, this young woman needs some help. She needs psychological help. She is open and, uh, willing to accept that help and incarceration is not going to address the psychological needs that she needs, that she has. And if you look at the scales in terms of her risk of reoffending or doing anything like this ever again in her life, she's, she's at the very low end of all the evaluation scales. So there's no scales there in, in terms of the testing that Dr. Murphy did that indicate that she's a high risk in any areas where the court should be concerned if she's placed on community supervision. Uh, I think she's an appropriate candidate for, for, uh, community supervision. And, uh, Dr. Murphy thinks that she would be a good candidate for, uh, for community supervision. We would ask the court to place her on the community supervision and place her in the mental health, uh, uh, caseload so that she gets counseling, so that she gets any, any kind of medication that she needs. Uh, there's some statements in there and the PSI that I wanted to address where Katrina is still verbalizing, uh, her love for Jordan and expecting that she could go and be an appropriate parent. I've counseled her about that. And she understands that because her parental rights have been terminated, if the court were to grant a community supervision or if she has to go to prison, then she's not going to be permitted to have any contact at all with Jordan, unfortunately. Uh, and she understands that she didn't understand it at the time of the PSI. But again, in the PSI, she has again stated that she knows this is her fault. And if you look at Dr. Murphy's, uh, evaluation, she, Dr. Murphy says that she feels so bad about what happened and how she knows that she is indirectly and even directly responsible for Mercedes passing away. And for the fact that Jordan has been removed from her custody, that she heaps this on herself. And she feels like God has abandoned her. She feels depressed. She feels sorry and regretful. And, uh, I don't know any other way to say it other than the way she said it in front of that jury of 12 people when she testified. And I can't say it any better than her, uh, words in the PSI. And I can't say it any better than her words in Dr. Murphy's, uh, report. I didn't plan to call her as a witness because I think she has already testified before the court. I think she's given you her, her heart in the clinical evaluation. And I think she, although she didn't discuss details, uh, in the PSI, she was frank and open and honest with the PSI people about, uh, her own, uh, responsibility for what happened. And I'll tell you, judge, I can't think of anything worse than a mother losing her children that she has to have a broken heart. And I know she does her heart's broken and there's no punishment the court could do to her even 45 years in prison. That's going to undo that broken heart. And, but I'd like the court to see her as a young woman who, and I wish you could have seen those pictures of her and the two girls on Mr. Mendoza's phone, because if you saw those pictures, those girls were happy. And Katrina, and if you know Katrina, Katrina would never have children. I think what happened is that she got into this situation with Jose Ruiz and Jose Ruiz, uh, created such a, uh, uh, a little room of horrors that she psychologically and mentally was incapable and she should have been. And she knows that she's responsible for not, she had every opportunity she could, and the court knows that she could have called CPS. She could have called the San Antonio police department. She even talked to her father on the telephone during this period of time. So she did have options, but let me tell you, she was suffering from PTSD. She was suffering from depression and she was suffering from the psychological, what he was doing to her daughters and she should have stopped it. And she knows that. But if you saw the, the body cam of how she was at the hospital, when they told her that Mercedes had passed away and that Jose was called it, calling her on the phone saying, I want my phone. Bring me that phone. You would see a young woman who was in the, in the middle of a PTSD episode. It was heartbreaking to see, to see that and to, to see her on the body cam, uh, suffering that suffering from the knowledge that her, uh, that her child had passed away and, and, and trying to, trying to fathom what had just happened. And, and you could see her kind of in this PTSD type mode, it's almost a bipolar type mode. Just not being able to comprehend, not being able to understand why Jose was doing this and trying to comprehend the fact that she had lost, lost her daughter. So my plea to the court would be to grant her the deferred adjudication. I, I understand that's a hard decision for the court, given the, the, the evidence in this case, but I do think it would be the right thing to do for her. And if the court feels that rather than rehabilitation, the appropriate thing for Katrina is to punish her, we would ask the court not to punish her like Jose Mendoza, but for the court to take into consideration the things that the court has before it in the PSI and Dr. Murphy's report, and find, uh, an appropriate sentence in the lower end of the, uh, the range the court has available to it. Thank you for your time and patience, Your Honor. Okay. I have, uh, four questions, [00:48:12] Speaker 1: counsel. Maybe you can answer them. And it's concerning Dr. Murphy's report. So on page four, it states that Ms. Mendoza said she's an imperfect parent, but she used time outs to discipline her children. But the testimony I heard during the trial, that she was using more than time out. So if you can address that. And then on page seven, uh, she said the girls were not registered in school because the girls would cry and she did not like seeing them hurt. So she would keep them with her because they would cry when they would go to school. And then the other one is on page eight. The first incomplete paragraph where it says Katrina told her dad that she did not want him to see Mercedes like this because he would call the cops on her. Her dad asked her to tell him where she was so he could go help her. She got scared and did not tell him where she was. And then the other issue is from what I'm reading in Dr. Murphy's report and the testimony from your client on the witness stand is that she sent Mercedes to be disciplined and by Jose. And the first time she sent her to be disciplined, she came back and she had bruising between the inner thigh. And that was my understanding before they were even living together. So those are the issues that the court needs addressed. If you can, if not, I understand. [00:49:56] Todd McRae: That first point, Judge, what was your first point? On page four, the first incomplete [00:50:09] Speaker 1: paragraph where it says she considers herself to be an imperfect parent. She used time outs to discipline her children. But there was testimony. I'm trying to figure out where did this come in our conversation, perhaps with Dr. Murphy, because in her testimony, she admitted to pulling Mercedes half. [00:50:27] Todd McRae: Right. Judge, I think my global answer to all four of the court's concerns is that, and I've listened to the debriefs. I've had the attorney-client relationship with Katrina. And I also sat through her testimony at trial. And I have the benefit now of reading her clinical evaluation. And I would say this, that you can find inconsistencies. And I think that's what the court is addressing. [00:51:00] Speaker 1: No, I'm just trying to understand where your client's mindset was in this, because I'm trying to understand. She stated in one of the pages that she wouldn't let her children go to school because they would cry because they wanted to be with her. And she didn't like to see her children in pain, so she kept them with her. But then we have an, you know, the incident involving Mercedes, where Mercedes is in pain. So I'm trying to understand this statement in Dr. Murphy's report. And if there is no explanation, that's fine. [00:51:41] Todd McRae: Right. I don't, I don't know that there is an explanation, your honor. I think she's just doing her best to try to answer the questions that are posed to her at the time that she gives the answer. As far as being an imperfect parent, and she would have the children do timeouts, I think she feels like that she wasn't a very, a very good parent in the sense that that she had parenting skills. I mean, she's, she was a minor herself. [00:52:09] Speaker 1: Oh, no, I'm just focusing on, according to Dr. Murphy's reports, is she saying to Dr. Murphy that [00:52:16] Todd McRae: she only used timeouts as a form of difference? Oh, I don't think so. I think this is in a broader context that her typically her parenting skills would be just to have them in timeout. That's my [00:52:27] Speaker 1: understanding of that part. Oh, right. Yeah. Because I don't expect anyone to be a perfect parent. [00:52:33] Todd McRae: Right. And as far as not having them in school because the girls would cry, I have heard her talk about that in debriefing. And so this is, again, reflective of the debriefing and also reflective of what she's saying in Dr. Murphy's report. I think she didn't like seeing the girls cry. And so when time came to send them to school, she'd rather keep them with her rather than send them off to school. And that's probably another example of imperfect parenting, where you're, you're loving your kids more than, uh, more than it's good for them. That's how, that's how I would interpret that. [00:53:10] Speaker 1: Right. So I'm trying to translate that to we're here because Mercedes was injured and she didn't seek medical treatment. I'm assuming, and if I'm correct, people can correct me. I'm assuming that when Mercedes was being, uh, treated improperly for one of a better word, she was crying. She was in pain. I'm trying to see how that translates to, I didn't send them to school because the girls were crying and I don't like to see them hurt, but here we are with a child that's been hurt. That's what I'm trying [00:53:43] Todd McRae: to understand. Right. And I can't understand that either, your honor. And, and I think what I offered the court as a, as an explanation for this is that she had these children very young and she was, uh, and, and she was imperfect and went until she met Jose. And then she became a completely different person. I think she was trapped by Jose. I think he was abusing Katrina psychologically by abusing, uh, Mercedes and Jordan. They were both traumatized. You can see in the PSI, the PSI that Jordan is herself traumatized. So the mother has to be traumatized by watching this. Uh, she develops major mental illnesses as a result of what happened. And so this, and she's well below average intelligence. And so she just made the wrong choices judge. And she's accepted the responsibility that her wrong choices, uh, resulted in the death of their child and the removal of the other one. I think she's being so honest with the court that it's brutally honest. It's really what it is. Uh, and as far as yes, her, her dad, she had an opportunity. And I, and I argued that a few minutes ago, she could have easily told her father come over here and get Mercedes come over here and get Jordan. And she tells Dr. Murphy that the reason she didn't do that is because she was afraid of losing them to CPS because they would have seen these injuries. Uh, we wanted to emphasize to the court that Dr. Murphy felt like that, although there was physical injury at no time, did Katrina believe in her mind that these injuries rose to the level of, [00:55:34] Speaker 1: uh, a risk of death. All right. And, and I'll, I'll let defense know I'm not, I'm focusing on what she played to in the indictment, not the, uh, anything else. Yes, ma'am. Okay. It's not to [00:55:47] Todd McRae: comment on theirs. It's one thing I left out. So, uh, and I think it goes to the court's four questions. Uh, how can we explain what happened? I don't think we can, but what happened is we know this, that the first opportunity Katrina had to get out of there, she got out of it. Uh, Jose always had Jordan with her or she was never left alone with both of those until she took that opportunity. When Jose decided to move, he decided to move and he left, uh, them alone and that Katrina took that opportunity, called the girlfriend and said, get me out of here. And, but it was too late. Those are the two days when Jose was, uh, moving. All right. How did he end up back at, I mean, [00:56:37] Speaker 1: how did he end up at the hospital then who called him? So what happened is, uh, that's when, uh, it started [00:56:45] Todd McRae: looking like she was going to need some serious medical attention and Katrina called Jose and said, get over here. We got to get her to the hospital. And that's how Jose ended up back at that residence. And they took her to the hospital at that point. But Katrina was always already in conversations with that woman to help me get out of here. So she took the first chance that she got. She didn't have a cell phone, uh, which is not an excuse. But are you saying, let me just ask you, [00:57:16] Speaker 1: my understanding from the testimony is that the children left the apartment, they go to this friend's house. Then from there, the children are taken to the hospital or EMS. [00:57:31] Todd McRae: Is that correct? Yes, ma'am. And then Jose decided to move out of the apartment where all this happened. [00:57:38] Speaker 1: I know. I mean, so I'm, I'm just following this testimony. So she leaves the apartment with the children to be with this friend. Yes. She takes the children. Well, Mercedes to the hospital. Yes. And then she picks up the phone and calls Jose. No, I don't think so. So how did he know they [00:57:59] Todd McRae: were at the hospital? So Jose, Jose and Katrina took Mercedes to the hospital from that apartment. Okay. And, and so that was the testimony I, I think, and that's in the police reports. Uh, when Katrina realized that she's not breathing correctly and her legs are getting cold, uh, get over here. We got to get her to the hospital. And that's reflected in, in the clinical statement that she gave. Who was she telling to get over here? [00:58:27] Speaker 1: We've got to get her to the hospital. Jose. All right. So this is back to my, my question. Where was Jose that she had to tell him, get over here? Well, so he was in that same apartment [00:58:41] Todd McRae: complex. He was moving into a different apartment in that apartment complex where that friend of, [00:58:47] Speaker 1: uh, Katrina's apartment was. So I'm the, the reason why I asked these questions is because I'm trying to follow your argument is the fact that she got away from Jose with this friend. Maybe it's in the same apartment complex. Right. I don't understand. Then the fall, phone call to Jose to say, get over here. We got to get her to the hospital. I understand. [00:59:08] Todd McRae: So that's why I was asking. And I understand that. And there's so many, uh, so, so many poor choices. And that is, that is one of them because she had managed to get away from him. And you're, you're wondering why she would call him to take us to the hospital. But, but she did. Okay. And that's how he got over there. All right. This is what the court is going to do. [00:59:35] Speaker 1: Court is going to find you guilty. And I want to let you know that I read all of the reports. I read the PSI. I listened to your testimony. Um, I always see people as people. I don't see people as criminals. I look at people as people. And then I try to make the best decision with the information I have. That's the reason why I was asking your counsel, certain questions, because I want it to be cleared up in my mind so I can make a decision that I deem would be appropriate. Uh, so I'm going to find you guilty. There's an affirmative finding of family violence. Uh, give you credit for any time served. There's to be no contact with minors. And I'm going to sentence you to 45 years in the prison. Did you review the document entitled trial court certification of defendants rights to appeal with your attorney? Did you understand it? And did you sign it? All right. Because this is a plea bargain agreement, because I followed your plea bargain agreement. And because you waive your right to appeal, you do not have the court's permission to appeal. Do you understand? Yes. And because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question of what a weapon or ammunition is, you need to speak to an attorney. You understand? Yes. All right. All right. We can go off the record. Here's the thing. Uh, your counsel will probably tell you, I've done child protective services cases before. And I understand that sometimes children are brought into horrible situations. Sometimes children don't have good parents. Sometimes the parents are not only just imperfect. They're not good parents. And I read Dr. Murphy's report on you. And I saw that there was CPS involvement involved in your life. And you're a child. There were CPS involvement when you were having children as a child. So I want to let you know, I understand all that. But at the end of the day, when you think about Mercedes, nobody ever will know what she was going to do with her life. Who knows? Maybe that was the person who was going to find the cure of cancer. We'll never know because she is no longer here. Or maybe she was going to find the cure for something else, or maybe do great things. You just never know with children. And it's a shame that in this case, there are false, right? You have CPS, maybe they could have done more. You have family members, maybe they could have done more. You have police, maybe they could have done more. You had neighbors, they did their job, they picked up the phone and they called the police. I don't know why it is. And I've said this before, and I'll say it again. Sometimes if somebody is walking down the street and they're abusing a dog or not treating a dog properly, you know what people do? Ooh, let me report this. Let me pick up this phone and call somebody. But when it's concerning children, what ends up happening is people say, well, that's really not my business. I don't want to be involved. And what if I'm wrong? And I would always tell people, but yeah, what if you're right? If you're wrong, you apologize. I can tell you right now, the number of times there are stray dogs running around. And do you know how quickly somebody will call animal shelter or somebody about that dog, or either you can be on Facebook and you know what people will do? A dog is lost. Everybody is acting 911, dog lost, put it on high alert. They're on the lost and found sites, every single site for an animal. And I like animals. But the same level of love that we have out for animals in Bexar County and in other states is not the same love that we show to children who are in need. So I understand that people didn't show you love and what you needed when you were a child in CPS care. You know, I don't know the answer for that and I don't know what else we can do about it. I'm just here to hear cases, listen to everybody, and hopefully make good decisions.