Mom get's 99 years 11:37 Oct 13 2012
Times Read: 512
Even by Texas standards, this seems a little harsh.
..................................................................................
DALLAS (AP) — A Dallas woman who beat her 2-year-old daughter and glued the toddler's hands to a wall was sentenced Friday to 99 years in prison by a judge who described his decision as a necessary punishment for a brutal, shocking attack.
Elizabeth Escalona did not immediately react as State District Judge Larry Mitchell pronounced the sentence at the end of a five-day hearing. Prosecutor Eren Price, who originally offered Escalona a plea deal for 45 years, had argued that she now thought the 23-year-old mother deserved life.
Mitchell said his decision came down to one thing.
"On Sept. 7, 2011, you savagely beat your child to the edge of death," Mitchell said. "For this you must be punished."
The beating left Jocelyn Cedillo in a coma for a couple of days.
Escalona's other children told authorities their mother attacked Jocelyn due to potty training problems. Police say she kicked her daughter in the stomach, beat her with a milk jug, then stuck her hands to an apartment wall with an adhesive commonly known as Super Glue.
Jocelyn suffered bleeding in her brain, a fractured rib, multiple bruises and bite marks, a doctor testified. Some skin had been torn off her hands, where doctors also found glue residue and white paint chips from the apartment wall.
Escalona pleaded guilty in July to one count of felony injury to a child.
Price said Escalona would be eligible to apply for parole in 30 years.
Mitchell could have sentenced Escalona to anywhere from probation to life in prison. A sentence as long as 99 years is rare for felony injury to a child cases in Texas, but not unheard of. According to the Texas Department of Criminal Justice, about 2,100 inmates are serving prison sentences for felony injury offenses involving a child, elderly or disabled victim. Just fewer than 5 percent of those inmates are serving sentences of 99 years or more, including life.
Defense attorney Angie N'Duka said afterward that the sentence was "way too harsh" and suggested the widespread attention her client's case had received contributed to the sentence.
"It's a lot of pressure, a lot of pressure on the parties," N'Duka said.
Price said prosecutors decided to ask for a longer sentence after receiving more evidence they wouldn't have had if Escalona had taken a deal for 45 years.
"We feel like the judge listened very carefully to a very difficult week of testimony, and we feel like he did exactly what the evidence called for," Price said.
Throughout the hearing, Price sought to portray Escalona as a liar, a monster and an unfit mother. She forced Escalona Thursday to look at enlarged photos of the bruises her attack left on Jocelyn.
Price argued Friday that if a stranger had beaten Jocelyn the same way, no one would hesitate to give that person life in prison. Escalona had mishandled a "beautiful gift" of a daughter and failed to recognize what she had done, Price argued.
"The 45-year recommendation was for somebody who was going to take ownership of what she did, appreciate what she caused," Price said.
Sending her to prison for decades would protect her children's future, Price argued.
"You can give Jocelyn and her brothers and sister peace," she said. "You can give them peace, so that when they're sitting around the dinner table at Thanksgiving with their big family, they're not worried that their mother is going to come walking through the door."
Defense attorney Angie N'Duka asked for probation or a prison sentence shorter than 10 years. N'Duka argued that her client was a "train wreck" waiting to happen before the attack, the product of a broken home, abuse and a childhood that included illegal drugs and hanging out with gang members.
N'Duka repeated that she did not want to minimize the injuries from the attack.
"They are despicable, but then the question is, 'What is justice for Jocelyn?'" she said, adding later: "Giving Elizabeth the opportunity to be a better mother, giving her the opportunity to get counseling services, will be justice for Jocelyn."
Escalona's five children, including Jocelyn and a baby born after the attack, are in the care of their grandmother, Ofeila Escalona.
Mitchell listened to both lawyers and took a short break before delivering his sentence.
The judge said he believed many of the allegations that Escalona was abused as a child. "And again, outside of the context of this trial, I think even the state would find you to be a sympathetic figure, because they prosecute people for what was done to you," Mitchell said. "But I can't consider that evidence outside of the context of this trial."
He then announced the sentence. A family member of Escalona began sobbing and screaming, "No!"
N'Duka told reporters that Escalona had asked afterward, "What about my children?"
Ofelia Escalona had asked for leniency for her daughter. After the sentencing, she left the courtroom with a solemn expression, ignoring reporters' shouted questions.
..................................................................................
Now I have a few questions that the media didn't provide answers too..
Did she have a history of child abuse? after all she does have 5 other kids that are older. where any of them abused?
Does she have a record with the Child Protective Services, how many times (if any) have they been called to her house?
Does the police have a record of her being violent, does she have a history of being violent while under the influence of drugs?
She comes from a broken home herself, were any of her beatings as severe as this case?
Did she or her parents ever seek counseling?
I am not defending her actions, This is truly heinous act of violence. And she does need to be taught a lesson, But it's the severity of the crime that has me curious. Obviously she lost complete control. It's odd that nothing was mentioned about her other children. She even had a child after the fact. So she was no stranger to motherhood. Yet, the state didn't mention if they were ever abused. I mean it's rare to commit an act of such violence without preamble.
I do agree she does deserve to be locked up, But I would have given her 25 years. giving her children protection. I would also put her in counseling. But the Texas Department of Criminal Justice is known to be one of the worst systems in US when it comes to rehabilitation. So I doubt she would learn anything that she hasn't already learned just by being locked up.
What's your take. Was the judge too harsh, was the case to emotionally charged, Did the media coverage influence the sentencing, and how would you have sentenced her?
COMMENTS
-
LordFangor
12:43 Oct 13 2012
I don't like child abusers or those who hit women. Yes, i think a sentence of 99 years for attempted murder is justified, and attempted murder is indeed what it was.
YouthGoneWild
13:00 Oct 13 2012
bein abused as a child myself by people to damn ignorant an cold hearted to have kids, i have to agree with 99 years. a life for a life cause the memory an the pain never go away, specially when the abuse comes from hands that spose to love an protect you
hannahrose
14:17 Oct 13 2012
SHE GAVE HER LITTLE ONE A LIFE SENTENCE SO SHE SHOULD GET LIFE. THAT LITTLE KID AMY RECOVER PHYSICALLY BUT THE EMOTIONAL SCARS WIL NEVER HEAL. I AM ALSO A VICTIM OF CHILD ABUSE AND EVEN THOUGH I HAVE A HAPPY LIFE NOW, THE EMOTIONAL PAIN I HAVE BECAUSE OF THE ABUSE I SUFFERED WILL BE WITH ME ALWAYS. I AM A MOM OF A SPECIAL NEEDS CHILD AND HOW ANYONE COULD HURT THEIR CHILD LIKE THAT I WILL NEVER UNDERSTAND. EVEN THOUGH IT ISNT EASY AT TIMES BEING A PARENT WITH A SPECIAL NEEDS CHILD I FEEL SO LUCKY BLESSED AND SO LOVED BY HIM. ON A TOUGH DAY A SIMPLE I LOVE YOU MAMA MAKES MY DAY. OUR CHILDREN ARE THE MOST PRECIOUS GIFT WE COULD EVER BE GIVEN AND SHE BETRAYED HER LITTLE DAUGHTER AND DESERVES NO MERCY OR COMPASSION OR FORGIVENESS AFTER ALL SHE SHOWED NO MERCY TO HER CHILD. PLENTY OF ABUSED KIDS GROW UP TO BE GOOD KIND LOVING PARENTS. HOW YOU TREAT ANYONE ESPECIALLY A CHILD IS YOUR CHOICE AND SHE WAS GIVEN THE GIFT OF A PRECIOUS CHILD AND SHE NEARLY KILLED HER. THERE IS NO EXCUSE FOR ABUSE OF ANY KIND TOWARDS ANY LIVING PERSON, ESPECIALLY TO A LITTLE CHILD WHO LOVES AND CHERISHES YOU AND ABOVE ALL TRUSTS YOU WITH THEIR LIFE. I AM SORRY IF I SOUND MEAN AND CRUEL BUT CHILD ABUSE MAKES ME FURIOUS. THE FACT MY LITTLE BOY LOVES AND TRUSTS ME IS THE HIGHEST HONOR I COULD EVER BE GIVEN. I FEEL HUMBLED THAT MY CHILD LOVE AND TRUSTS ME WITH EVERYTHING THAT IS DEAR TO HIM. SHE SHOULD STAND ASHAMED FOR WHAT SHE HAS BEEN DONE AND NEVER RELEASED FROM JAIL .
vampyrebeauty
19:55 Oct 14 2012
I think they should of sentenced her longer. I hate child abuser. Her child was only two..still a baby in my eyes. And over potty training issues?
MisGuidedChaos
19:56 Oct 14 2012
Honestly, I think its justified, but what i find sad is that a child abuser, who DIDNT kill her child, got a longer sentence than most murderers.
KALIGULA
15:49 Oct 15 2012
I can only hope that, that woman lives out every one of those 99 years....
WinterRaven
01:09 Oct 18 2012
Our society finds any crime committed against a child more heinous than a crime against an adult, this includes murder. I can understand why she was given 99 years and I can't say that I disagree with the reasons behind it. THis child will be scarred for all of eternity because of what her mother has done regardless of past history. HOwever, I also understand how there are some that may think 99 years is a bit extreme for what she did. Im not agreeing with them, but I do see their point.
ThedarkprinceVvvvV
04:40 Oct 18 2012
im not a fan of child abusers however i do know what its like to see a parent loose control and just go on an all out attack against the person they are upset with
I was one who was on the receiving end of that ( its always funny when its brought up how people mysterously for get about those things) does the punish ment fit the crime? Yes, but im wondering what made her tip over the edge like that we all have moments where we just loose, it and that is something that should be better understood as well. this is by no means excusing what she did, hell no, she deserved what she got but by understanding how it happened perhaps it could help others understand how it might be prevented in the future.