A 37-year-old man has been found guilty of sexually assaulting a brain-damaged and paralyzed 14-year-old girl in Laguna Hills. Elmer A. Mendoza has been convicted of forcible sexual penetration of a minor 14 or older and sexual penetration of an incompetent victim, both of which are felony charges. Additionally, the jury determined that Mendoza had inflicted great bodily injury on the victim, leading to sentencing enhancements.
The trial began with Deputy District Attorney Juliet Oliver explaining that the victim’s mother had installed a camera in the teen’s bedroom to monitor her from a distance while she was at work. On March 26 of last year, at around 10:30 a.m., the mother heard a sound from the room that seemed to indicate the girl was in pain. Concerned, she called her 17-year-old son and asked him to check on his sister.
The brother attempted to enter the room but found the teen’s wheelchair blocking the way. However, he could hear the sounds and cries coming from inside. At this point, Mendoza, who was in the room, did not immediately open the door. The brother called the police and reached out to a neighbor for assistance.
When Orange County sheriff’s deputies arrived at around 11:15 a.m., they discovered Mendoza sitting on a sofa with empty beer cans nearby in a cooler. The camera had been covered with a blanket. Subsequent investigation revealed that the teen’s diaper had been removed, and she was taken to the hospital for a sexual assault examination. DNA evidence linked Mendoza to the crime, with his semen found in the teen and her DNA found on his penis. Notably, the teen’s bloody diaper was found in the kitchen trash instead of the usual bathroom trash.
The nurse who conducted the examination reported that the teen was actively bleeding and had sustained vaginal tears. The victim’s mother testified that her daughter had been diagnosed with leukemia at the age of 4 and suffered brain damage and paralysis due to a severe drop in blood pressure. Despite her condition, the teen is capable of laughing and crying.
During the trial, Michael Mooney, Mendoza’s attorney from the Orange County Public Defender’s Office, urged the jury to maintain an open mind and consider the evidence objectively. Mooney argued that Mendoza regularly spent time in the bedroom of the bed-ridden teenager as he lived with the family. The camera in the room was set up to ensure the victim’s well-being and was not intended for nefarious purposes. When the brother knocked on the bedroom door, Mendoza assured him that he would be out shortly.
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