April 5, 2019 at 4:33 p.m.
Mendez trial delayed to give defense time to review new material
Mendez trial delayed to give defense time to review new material
By Jamie Taylor and Heather Schaefer-
Robin Mendez, 70, was slated to stand trial starting Monday in the April 28, 1982 murder of his wife Barbara at the former Park City Credit Union in Minocqua. However, defense attorney Peter Prusinski filed a motion Tuesday requesting a postponement to allow time for review of information recently submitted by the state, including 298 pages of transcripts of wiretaps of Thomas Boze's telephone from August 1982.
Earlier this month, the defense was granted permission to argue at trial that it was Boze who committed the murder as part of a burglary.
"Defense counsel does not have sufficient time to review not only 298 pages and a CD of recently disclosed materials, but also to comb through all of the Sherriff's files to compare it to the original discovery's 20 subfolders of voluminous material, both of which may lead to further investigation by the defense, while yet at the same time being adequately prepared for trial on Monday, April 8, 2019," Prusinski wrote in his motion.
Oneida County district attorney Michael Schiek opposed the motion on a number of grounds including that the already very old case is getting older all the time, creating challenges in ensuring the necessary witnesses are able to testify. He also argued the records at issue are not so voluminous that Prusinski could not review them prior to trial and determine if there are additional leads to follow.
"The state did everything we could to avoid the situation in which we are in right now," a clearly frustrated Schiek repeated.
"We're losing witnesses. We've had to deviate from our original plan because there are witnesses that are dying, and I can't get these witnesses to court fast enough," he added.
Prusinski stressed that he was not accusing the state of anything untoward, but simply could not understand why this material was discovered so late in the trial preparation process.
"There isn't anything the state is trying to hide," Schiek insisted, noting that he has been routinely turning over discovery information since Mendez was charged over a year ago. When the sheriff's department became aware of the wiretap transcript, it was sent to the defense, he said.
Judge Jill Falstad found no fault with either party, but concluded she had no choice but to put the trial off.
"It's a very difficult assessment for the court to make, because of the age of the case, because of factoring in the length of the investigation, victims' rights, the court also factors in the defendant's rights. What it comes down to really, for the court, is that this is a criminal case, the allegation is homicide and there's nothing more serious than that and Mr. Mendez is entitled to the effective assistance of counsel."
Mendez was charged with first-degree murder on Feb. 6, 2018, after the Oneida County sheriff's department re-investigated his wife's death.
The state has theorized Mendez attacked his 33-year-old wife from behind as she performed closing tasks as part of her job at the credit union.
According to the criminal complaint and previous court testimony, the credit union manager found Barbara dead on the floor of the credit union at approximately 7:30 p.m. April 28, 1982, after Robin Mendez asked her to check on his wife because she was late for a church function.
Following autopsy, the late forensic pathologist Dr. Robert W. Huntington III ruled Mendez died as a result of "multiple blunt injuries, abrasions and lacerations to the head, with extensive skull fractures," the complaint states.
The state has alleged Mendez killed his wife because he feared she had learned that he had sexual contact with a minor female on a number of occasions and divorce was not acceptable in his religion. (Mendez was later convicted of sexual assault involving the minor).
However, in a motion filed in late March, Prusinski argued the defense should be allowed to present evidence the murder was committed in the course of a robbery.
The defense motion has cited Thomas Boze, who is now deceased, and Raymond Norris as its suspects.
In its motion, the defense contends Thomas Boze was unemployed and in financial distress at the time of the murder. The motion further alleges that Boze can be placed at the credit union the day of the murder because witnesses reported seeing him cashing a check there and asking Barbara Mendez how he could become a member.
In addition, a membership card with his name on it, dated April 28, 1982, was located in the credit union during the investigation.
"The signed membership card directly connects Thomas Boze to the crime scene," Prusinski wrote. "(A witness) overheard the conversation where (Boze) was given the membership card to fill out. Boze put that paperwork in his wallet. Boze said he would come back that day with the $5.00 to become a member. Law enforcement found a typed index account card for the suspect on April 28, 1982, on file. They also discovered the signed and completed membership card on file. Yet, Boze denied coming back to the credit union on April 28, 1982, before 5:15 p.m."
The defense further contends that Boze was capable of committing a robbery, as he had a previous conviction for armed robbery in another state.
Prusinski also argued Boze knew how to kill because he served in the military in Vietnam.
As for Norris, the defense has argued he admitted to being the getaway driver while testifying in a 1984 John Doe hearing in the case. (The motion indicates he later recanted the confession).
Falstad granted the defense motion April 1.
Without ruling on the strength of the evidence, Falstad found the defense had met the three-prong legitimacy test for the admissibility of evidence of third-party guilt.
"In their brief, the defense first charges that Thomas Boze possessed the capacity and ability to rob and kill another human being, based on his particular history which included involvement in a prior armed robbery in Kentucky," Falstad said. "The defense asserts for our use that this prior incident is the test for admissibility under the three steps set forth in the Sullivan case as other acts evidence. The court agrees."
Falstad then explained the similarity of the two robberies, and that a weapon was used in both, reinforced her decision.
"In both cases, relatively minor amounts of money were taken," Falstad said. "$100 from the grocery store in 1977 and in the credit union robbery, while $2,700 approximately was taken, $17,000 cash was left behind."
Because the case will be decided by Falstad rather than a jury, she also noted that she could give the evidence its proper weight upon deliberation.
As for Norris, Falstad found that Prusinski made an convincing argument that he had committed prior criminal acts that would make him a possible suspect, based on police interviews from 1985. This included being the getaway driver on another robbery.
"Mr. Norris testified under oath in a John Doe hearing making statements against his penal interests, essentially the same details that are provided in his written statement," Falstad said. "Given the gravity of the crime, and the sworn testimony, there is sufficient proof in the statement alone of third party guilt, even if the credibility of the statement is later challenged at trial."
For its part, the state is expected to call an independent forensic consultant, former Georgia Bureau of Investigation agent Chris Robinson, to testify that the injuries to Barbara's head were caused by a pry bar or a Wonder Bar, tools that are routinely used in the furniture upholstery business. At the time of the murder, Robin Mendez's family operated an upholstery shop and he would have had easy access to such a tool, it was noted in the criminal complaint.
After granting the defense motion for an adjournment, Falstad scheduled a status conference for 10 a.m. Monday, April 8, at which time the parties hope to find a date to reschedule the trial.
In the meantime, Mendez remains in jail in lieu of $250,000 cash bail.
Because the charge is based on the homicide statutes in place in 1982, Mendez faces life in prison if convicted.
Jamie Taylor may be reached via email at jamie@rivernews online.com.
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