February 26, 2018 at 3:31 p.m.
Sheriff's captain details evidence, state's theory in cold case murder
Defense argues state's case is 'insufficient'
Sheriff's captain details evidence, state's theory in cold case murder
By By Heather Schaefer and Jamie Taylor-
Oneida County sheriff's captain Terri Hook was district attorney Michael Schiek's only witness at the preliminary hearing Friday.
Hook spent nearly two hours on the stand explaining the convoluted history of the case from the original investigation back in 1982 to the "second phase" in the early 2000s to her detective bureau's recent decision to take another look at the cold case.
She explained that the manager of the credit union found Barbara Mendez' body on the floor of the credit union at approximately 7:30 p.m. April 28 after Robin Mendez called and asked her to check on his wife, who was late for a church obligation. She summarized computerized records the state claims show Barbara Mendez had begun entering the balance sheet, a key part of closing activities at the credit union, at 5:02 p.m. and finished at 5:13 p.m.
She also spent several minutes explaining why the state believes Robin Mendez was the only person who knew that Barbara Mendez was alone in the credit union that evening, the only time she had ever been required to close the office by herself.
According to Hook, Robin Mendez told investigators in 1982 that he had spoken to his wife three times that day. At least one of the calls was corroborated by the credit union manager, she added.
Hook also described her interviews with the Mendez daughters, Christy Mendez Wandas and Dawn Mendez Shape, who previously provided their father with alibi statements but now say he convinced them it was their family against law enforcement and coached them on what to say to investigators.
She also detailed interviews with another alibi witness, a woman who was sexually involved with Robin Mendez at the time of the murder when she was 14 years old, who now says her statements were also coached by Mendez. That witness also told police Mendez had discussed wanting his wife gone and that she expected the two of them would eventually marry. Robin Mendez was later convicted of sexual assault in connection with his relationship with that witness.
Hook also testified that two different witnesses told the original investigators they saw Robin Mendez leaving the credit union on his motorcycle during the time frame in question. The first individual, who was familiar with Mendez from church, told police he was out running when he saw Mendez leave the credit union, however he changed his story after having a "confrontation" with Robin Mendez and is now deceased, Hook said. The second witness also claimed to have seen the motorcycle but she is also deceased, Hook said.
As she wrapped up her testimony, Schiek asked Hook to explain what convinced her to arrest Mendez after all these years.
"Based on fact that it would be normal for Barbara Mendez to have completed the balancing of her sheets and leave within several minutes, we know she probably was killed at 5:12 p.m. or shortly after that," Hook said. "Mr. Mendez, Robin Mendez, is unable to give any account of his whereabouts from when he left work at approximately 4:55 p.m., as he told law enforcement, until approximately 5:25 when he talks to (the underage girl with whom he was sexually involved)."
"All of the accounts that were given were accounts which were coached or information he asked people to provide," she continued. "The way that the homicide occurred, the fact that Barbara Mendez would have had to let whoever killed her into the credit union after she had closed. The fact that she had trusted that person and turned her back to them. The fact that a lefthanded person, and Robin "Bob" Mendez is a lefthanded person, struck her from behind and then turned her over once she was on the ground so that they didn't have to look at her face indicates that this was a homicide committed by somebody who knew Barbara Mendez. The fact that $17,000 was left in the safe only feet from where her body was found indicates that this was not a robbery, this crime was committed by somebody that did not want Barabara around. The fact that Robin Mendez had spoken to (the underage girl) about wanting his wife gone. The fact that he told (the girl) not to say they had sex until after Barbara was dead indicates that he realized that this would be a motive and he did not want her to provide it. All of that information, besides the fact that he would send (the credit union manager) to the credit union instead of going himself to check on his wife, if he was truly concerned about her, when he was closer. These are all indications that he killed his wife and that is why I arrested him, that's why my team arrested him."
After a pause, she added a final point.
"He was the only person that knew that Barbara Mendez was going to be alone that day, the only day that she had ever closed," she said.
In cross-examination and in oral argument, defense attorney Peter Prusinski argued the circumstantial case outlined through Hook's testimony and in the criminal complaint is both insufficient and implausible.
In particular, he questioned whether the state can prove Robin Mendez was the only person who knew Barbara Mendez was alone at the credit union. He also took issue with the state's theory that Robin Mendez killed his wife because he couldn't divorce her for religious reasons and noted that the weapon the state believes was used to bludgeon Barbara Mendez, a pry bar, is a common object that could be found in garages across the Northwoods.
"Judge, we object to bind over," he said. "The state attempts to show a motive here but that motive itself is not even plausible by the state's own witness who says the individual acted on his beliefs and that was the motive, that he couldn't get divorced, but yet that's contrary to his Christian beliefs, cause he wouldn't kill his wife because that'd be contrary to that same belief. So the heart of the motive itself is inconsistent to begin with. Furthermore, we've heard many things about this timeline here but we haven't heard any direct evidence, apparently because there are some people who are deceased and we can't get into that further, we have had no direct evidence today of any eyewitnesses who saw Robin Mendez in the Park City Credit Union, nobody saw him kill his wife, nobody saw his motorcycle, there is no evidence today of his motorcycle being at the credit union."
Prusinski also stressed there is no forensic evidence tying Mendez to the crime scene, no DNA or fingerprint evidence of any kind.
"No weapon was located or found," he continued. "The only weapon they've come up with is a pry bar or a wonder bar which is common to practically to every garage in this area."
"We've heard a lot about these (phone) calls but there's no evidence of who made what calls at what time," he added.
Stenz ruled the state had met its probable cause burden and bound Mendez over for trial.
"I acknowledge that the case presented by the state is circumstantial, however circumstantial evidence is good evidence," Stenz said. "It's not any better or less than direct evidence, either type of evidence can establish a particular case. "
Following the bind over, Prusinski filed a notice of substitution of judge. Mendez will be arraigned after a new judge is assigned. He is being held in the county jail on $250,000 cash. The first-degree murder charge Mendez is facing falls under the homicide statutes in place in 1982.
If convicted, he could be sentenced to life in prison.
Jamie Taylor may be reached via email at [email protected].
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