A 37-year-old man sexually assaulted the brain-damaged, paralyzed 14-year-old daughter of his girlfriend in Laguna Hills, a prosecutor told jurors Wednesday, while the defendant’s attorney said there isn’t enough evidence to prove the allegations.
Elmer A. Mendoza is charged with forcible sexual penetration of a minor 14 or older and sexual penetration of an incompetent victim, both felonies. He also faces sentencing enhancements for inflicting great bodily injury on the victim.
The victim’s mother, who had set up a camera in the teen’s bedroom to monitor her from afar, was at work when she realized the girl made a sound that was “consistent with pain” about 10:30 a.m. March 26 of last year, Deputy District Attorney Juliet Oliver said.
So she called her 17-year-old son at home and asked him to check on his sister, Oliver said.
The victim’s brother tried to get in to her bedroom, but the teen’s wheelchair was blocking the way, Oliver said.
“He could hear the sounds and cries from his sister,” Oliver said.
Mendoza was in the room but did not immediately open the door, Oliver said. The brother called police and contacted a neighbor, Oliver said.
A blanket was tossed over the camera, the prosecutor said.
Orange County sheriff’s deputies arrived at the apartment about 11:15 a.m. and found the defendant sitting on a sofa with empty beer cans next to him in a cooler, Oliver said.
A blanket was placed over the teen, covering her legs, and the camera was on the floor, Oliver said.
The victim, whose diaper was removed, was rushed to an area hospital, where a sexual assault exam was done, Oliver said. Mendoza’s semen was found in the teen and her DNA was found on his penis, Oliver said.
The teen’s bloody diaper was discarded in the kitchen trash, Oliver said. Usually the girl’s mother would discard her diaper in the bathroom trash, Oliver said.
The nurse who did the sexual assault exam found the teen was still “actively bleeding,” and had suffered vaginal tears, Oliver said.
The teen’s mother testified that her daughter was hospitalized with leukemia when she was 4 years old. Her blood pressure at one point plummeted so low she suffered brain damage and became non-verbal and paralyzed, Oliver said.
The teen “does laugh … and she also cries,” the mother said through a translator.
The defendant’s attorney, Michael Mooney of the Orange County Public Defender’s Office, asked jurors to “keep an open mind and don’t allow sympathy or emotion overrun your judgment.”
Mendoza was the teen’s mother’s boyfriend and lived with the family, Mooney said. Mendoza shared a bedroom with the teen and her mother, Mooney said.
It was “not of the ordinary” for Mendoza to be in the bedroom of the mostly bed-ridden teen, Mooney said.
The camera was set up to keep an eye on the teen, Mooney said.
“It was one of the ways of trying to make sure (the victim) had everything she needs,” Mooney said.
When the teen’s brother was knocking on the bedroom door Mendoza said he would be out “in a second,” Mooney said.
Mooney was skeptical there would be any evidence to show the victim suffered “vaginal tears.”