Published: May 02, 2008 10:40 am            

Mojica guilty

14 counts of child abuse in first degree

Jurors gave Cesar Mojica the maximum in terms of guilt Thursday with first-degree findings on all 14 counts of child abuse. If they follow suit in the punishment phase of the trial that begins today, he'll be behind bars for the rest of his life.

The verdict came in just past 5 p.m. Thursday following more than two full days of deliberations by the six man/six woman panel.

In each of the 14 counts, jurors found Mojica acted "knowingly" when he inflicted serious bodily injury on each of his three children: Angel, who was almost four when seized by Child Protective Services in October 2006 and twins Amber and Cesar Jr., who were 33 months.

Additionally, jurors found affirmative findings of family violence in each case and a "deadly weapon" finding in eight of the 14 counts. A "deadly weapon" means jurors believed he used his mouth or hand or object in a deadly manner.

Someone gasped when the verdict on the first count was read and by the time Judge Jack Robison had gone through the last, courthouse employees, social service workers and other court watchers were visibly emotional.

After jurors left the courtroom, it was hugs and tears just about all around.

Mojica, 24, showed little emotion at the reading of the verdict. Afterwards outside the Hays County Justice Center, defense attorney Will Holgate said he thought his client was "happy it's over."

No one doubted the verdicts would be guilty. Both defense attorneys had argued that their client was guilty "by omission" simply given the facts of the case, that Mojica was the primary caregiver in the months before the abuse was discovered.

But they had also tried to convince jurors that Mojica functioned as a child himself and that, plus a history of being abused by family members, made him incapable of realizing his conduct was wrong.

They also admitted, as did Mojica, that he was drunk "most of the time" he cared for the children.

Testimony in the case lasted for six days and the state called several doctors with various specialities related to the childrens' numerous injuries; a CPS worker, county and city detectives and the foster mother of the three children.

The defense called only Mojica, who testified he could remember inflicting some but not all of the injuries; and a psychologist who testified to his low IQ and poor rating on a test of nonverbal intelligence.

The punishment phase began at 9 a.m. today.

District Judge Dib Waldrip of Comal County will preside. Robison told jurors he will be back on the bench Monday, if proceedings run that long.

The children's mother Sarah Amaya remains in Hays County Jail awaiting trial.

        

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