Marcelina Mendoza

Case record: Marcelina Mendoza

Background

Marcelina Mendoza was 20 years old at the time of the Aug. 19 death of her 3-year-old son, Eduardo Mendoza Jr. Her husband was Eduardo Mendoza Sr., 23 at the time of the Aug. 19 death. The couple lived in Highland Park and had a family of five, including Marcelina Mendoza and her husband and their three-year-old son. The family also had two daughters, ages 1 and 2, who police said had not been abused.

Eduardo Jr. was born in Mexico and had lived most of his brief life with grandparents in Guerrero, Mexico. He spent nearly all his brief life with grandparents while his father worked in Illinois, Washington and California tending lawns, picking apples and asparagus and washing cars. Last August, Eduardo Jr. came to the United States to live with his parents and two sisters in Highland Park. Mendoza was working at a Highland Park car wash earning about $200 a week. Eduardo Jr. was brought to live with his parents in late July, after living with his grandmother in Mexico most of his life.

The Mendozas were undocumented immigrants from Mexico. After their arrest, their two daughters were placed in the custody of the Illinois Department of Children and Family Services.

The offence

Marcelina Mendoza and Eduardo Mendoza Sr. were charged in connection with the Aug. 19 death of their 3-year-old son, Eduardo Jr., after repeated physical abuse over approximately three weeks. Investigators said the abuse apparently occurred after the child disobeyed his parents or soiled his clothing. Prosecutors said the abuse that Eduardo Jr. suffered was one of the worst cases of child abuse they had ever seen.

Police said the parents admitted repeatedly abusing Eduardo Jr. between Aug. 1 and Aug. 19, and that the beatings began shortly after he arrived in Highland Park in early August to live with his parents. Investigators said there were no broken bones or fractures, and that most injuries were directed towards the abdomen.

An autopsy by the Cook County Medical Examiner's Office determined that Eduardo Jr. died from "the accumulative effect of multiple incidents of blunt trauma." An autopsy also showed that he died of the cumulative effect of being beaten, kicked, bitten and tossed around the family's one-room apartment.

Prosecutors said Eduardo Sr. inflicted most of the child abuse. The judge later said Marcelina Mendoza was not the primary actor but had participated in affirmative acts that contributed to the death.

Testimony at sentencing included that the toddler was not allowed outside to play during the three weeks he was repeatedly kicked and beaten by fists, shoes and an electrical cord in the 7-by 13-foot room where the five-member family lived in Highland Park.

The indictment and investigation described specific alleged incidents. That night, Eduardo Mendoza reportedly told police that he struck his son six or seven times in the stomach after the child vomited on the floor. Forty minutes later, when the boy soiled his pants, Mendoza hit his son 15 or 16 times in the stomach and back. When the boy soiled his pants again after his mother changed them, Mendoza allegedly kicked his son in the stomach six or seven times. Prosecutors said the bite marks on the child had been identified as coming from the mother, determined by matching bite marks with dental impressions taken under court order from the parents since their arrest.

Marcelina Mendoza reportedly told police that she bit the boy until he bled for disciplinary reasons.

Marcelina Mendoza later told police there were about 30 beatings. Marcelina Mendoza, and her husband, admitted that they had kicked, beaten and bitten Eduardo Jr., and even thrown him across the room. Marcelina Mendoza told police she was afraid to report domestic violence to police because they were in this country illegally and feared deportation, and that she was terrified of her husband and had nowhere to turn.

Investigation

Highland Park police investigated the case after the parents first took Eduardo Jr. to Highland Park Hospital and told the medical staff that he was injured when he fell off a tricycle. After Eduardo Jr. was taken to Children's Memorial Hospital in Chicago in a coma, both parents admitted to the abuse during the subsequent investigation by Highland Park police.

Lake County State's Attorney Michael Waller said it was a possible death penalty case under Illinois law and described completion of the investigation into the facts and circumstances to determine whether a death penalty would be appropriate.

Arrest and detention

Eduardo Mendoza Sr. and Marcelina Mendoza were held without bond in the Lake County Jail in Waukegan after their arrest. They were to be arraigned on the murder charges Sept. 10 before Lake County Chief Judge Charles Scott.

Legal proceedings

Guilty plea

Marcelina Mendoza pleaded guilty to first degree murder. She entered the plea on the condition that she not be sentenced to death for killing Eduardo Mendoza Jr. She also agreed to testify in the sentencing hearing of her husband, Eduardo Mendoza Sr., who was also charged in the crime. Eduardo Sr. pleaded guilty to murder in the death of Eduardo Jr. in the same case.

The plea agreement was reached between Assistant State's Atty. Matthew Chancey and Assistant State's Atty. Claudia Kasten and the attorneys for Marcelina Mendoza, Public Defenders Doreen Kuffer and Barbara Kahn. Chancey and Kasten, along with defense attorneys Dorene Kuffer and Barbara Kahn, went before Lake County Circuit Judge Charles Scott at the sentencing hearing.

Scott advised the mother that she would face a minimum of 20 years in prison at her sentencing hearing on Feb. 25. The maximum sentence would be life in prison without parole. Chancey said the Lake County State's Attorney's office agreed not to press for a death sentence because Marcelina Mendoza inflicted fewer and less severe injuries on Eduardo Jr. than her husband.

A condition of Marcelina Mendoza's guilty plea was that she testify against her husband at his sentencing hearing. She was to not testify about the beatings of Eduardo Jr. but to testify that Eduardo Sr. beat her.

Trial

The Mendozas pleaded guilty to first-degree murder in the death of Eduardo Jr. rather than proceeding to trial. Defense attorneys had argued for mercy at the sentencing hearing rather than a full trial record.

Sentencing

On Feb. 27, 1993, Lake County Circuit Judge Charles Scott sentenced Eduardo Mendoza Sr. to life in prison and sentenced Marcelina Mendoza to 50 years in prison.

During sentencing, the prosecution and defense argued about Marcelina Mendoza's responsibility for the death. Prosecutors Matthew Chancey and Claudia Kasten maintained that the acts of both parents led to their son's death, even though Eduardo Mendoza inflicted most of the beatings. Chancey said: "This was a particularly brutal and heinous murder," and "Fifty years was a very fair sentence." Kasten said: "The nightmare on 2nd Street best describes the life this little boy had," and "It was one nightmare after another."

Kuffer, an assistant public defender, argued that Marcelina Mendoza was not responsible for the injuries that caused Eduardo's death and said the 50-year sentence imposed by the court was excessive. Kuffer said: "It is our contention that Mrs. Mendoza was not responsible for any of the injuries that caused Eduardo's death," and "The 50-year sentence imposed by the court was excessive." Kuffer told Scott she was afraid to report domestic violence to police due to their illegal status and fear of deportation, and said: "She could do nothing to stop him because she was terrified (of her husband)," and "She was here illegally and had nowhere to turn."

Judge Scott said Marcelina Mendoza and Eduardo Mendoza Sr. shared equal responsibility for the Aug. 19 death, and Scott described specific contributions to the fatal injuries. Scott said: "She picked the child up by the ears and threw the child about their apartment," and "That indicates to me action . . . by Mrs. Mendoza that contributed to the death of the child." Scott also said she contributed to her son's injuries and death by beating and biting him and picking him up by the ears and throwing him around the room.

In rejecting a plea for reduction of the sentence, Scott said she beat and bit the child and failed to prevent her husband from physically abusing Eduardo Jr. Scott said: "Mr. Mendoza is a very violent man and a vicious and brutal killer who is responsible for the death of his son." Scott also said: "Marcelina Mendoza was not the primary actor in this scenario," and added that "it does not excuse her because she participated in some very affirmative acts." Scott also stated: "Other than being trapped by this whole scenario of violence, which was initiated by her husband, I think Mrs. Mendoza is a good person," when discussing her.

Chancey had urged a death sentence for Eduardo Mendoza, and Chancey argued: "When a child such as Eduardo Mendoza Jr. is so brutally murdered by his family," and "we have the right to expect the ultimate penalty." Chancey also said: "Punishment should fit the crime, but the law (in Illinois) does not allow the punishment that would truly fit this crime." Chancey said the life sentence meant that, under Illinois law, Eduardo Mendoza would never be eligible for parole.

Defense attorney Barry A. Gross asked for mercy for Eduardo Mendoza, and Eduardo Mendoza told Scott just before sentencing: "If my life has to be taken away, I will have to pay with my life," and "In some way I feel responsible (for Eduardo Jr.'s death) and I will pay what I have to. I will not say anything else, judge."

Appeals and status after sentencing

After sentencing, Marcelina Mendoza sought to reduce her sentence, contending that her husband was mainly responsible for the fatal beating of their 3-year-old son. A judge declined to reduce a 50-year prison sentence on March 12, 1993. In rejecting her plea, Lake County Circuit Judge Charles Scott said Marcelina Mendoza and her husband shared equal responsibility for the Aug. 19 death.

Kuffer said she would ask the Illinois Appellate Court in Elgin to reduce the sentence.

Outcome

Marcelina Mendoza was sentenced to 50 years in prison and her request to reduce that sentence was denied. Her husband, Eduardo Mendoza Sr., was sentenced to life in prison.

Timeline

• September 3, 1992 — Eduardo Mendoza Sr. and Marcelina Mendoza were charged with the murder of their 3-year-old son Eduardo Jr.
• January 26, 1993 — Marcelina Mendoza pleaded guilty to first degree murder under conditions including not receiving a death sentence; she agreed to testify at her husband’s sentencing hearing.
• February 26, 1993 — Eduardo Mendoza Sr. was sentenced to life in prison; Marcelina Mendoza was sentenced to 50 years in prison.
• February 27, 1993 — Marcelina Mendoza’s sentencing to 50 years in prison is reflected with her sentence confirmed as 50 years.
• March 12, 1993 — A judge declined to reduce Marcelina Mendoza’s 50-year sentence.

Other details

Marcelina Mendoza and her husband were described as living in a boarding house in Highland Park with a number of other laborers. Eduardo Mendoza worked at a car wash in Highland Park.

The family’s residence was described as a one-room apartment and a 7-by 13-foot room, where Eduardo Jr. was repeatedly kicked and beaten by fists, shoes and an electrical cord.

Chancey characterized the case as one of the worst child abuse cases seen and described how Eduardo Jr. died because he could not stand another beating. He told the judge: "He died because he could not stand another beating from this man (Mr. Mendoza)."

Chancey also told the judge: "This once happy little boy, once loved little boy found himself in a place where every day he was beaten and his world turned upside-down," and: "He died because he could not stand another beating from this man (Mr. Mendoza)."