Published: May 08, 2008 10:52 am            

Mojica awaits his fate

Jury may decide sentence today

San Marcos — In closing arguments Wednesday afternoon, both the state and the defense told jurors they believed Cesar Mojica should do time for the 14 counts of child abuse jurors convicted him of last week.

Prosecutors sought the maximum of life; defense attorneys argued for a shorter sentence followed by a long probation with strict conditions.

Jurors began their deliberations around 3:30 p.m. after blistering closing arguments by Hays District Attorney Sherri Tibbe and Heather Youree, former assistant Hays DA who is now an Assistant Attorney General.

Mojica is an "extremely dangerous man who is a huge risk," Youree said. "He has no respect for humankind, for his own kids," she said, who had looked to him for "just the bare necessities — food, shelter and love" but were met with "the worst violence imaginable."

Mojica's daughter Angel, now five and twins Cesar Jr. and Angel, four, all had broken bones, whip and bite marks and scars all over their bodies. None of them could walk and all were severely malnourished when taken from their parents' Dripping Springs home in October 2006. Witnesses in the nearly three week long trial have said they will face longtime therapy and aren't going to be able to do the things other children their age enjoy.

"Can you imagine biting your child so hard it goes through the skin?" Youree asked jurors." Can you imagine, you taste your own child's blood in your mouth? And then you do it over and over again?

"These scars went to their souls," she said. "Every day they look in the mirror, change clothes, get in the shower or go to the pool they're going to be reminded. They will have to explain (the scarring) to other people. The torture he put them through is not over. The pain and suffering, their quality of life, he's changed them forever. That right there is worth his life in prison."

Tibbe told jurors Mojica is a "danger to society," "evil" and "sadistic."

"He is a dangerous, violent man who brutalized the most precious thing we have, our children. He deserves nothing less than life in prison."

Defense attorney Will Holgate argued jurors should sentence Mojica to five to 10 years, which would mean he would be subject to probation upon release. "These problems can be solved," he said, citing the strict conditions Mojica would have to abide by for up to 10 years. If Mojica were to violate those conditions he'd be back behind bars.

"There's something wrong with Cesar," he acknowledged. "This was a terrible trial, nobody can win, we can't change the facts," he said. "Just terrible injuries," were done, he said, but urged jurors for a "new beginning" for Mojica and his children. "Let the healing begin."

Co-defense attorney Tamara Needles asked jurors for a sentence of 20 years or less. "This is a tragedy to all the lives involved in this case," she said, but urged jurors to look at the "big picture."

"I ask you to give appropriate time for the children to heal and become adults," which, she said, would "send a message that the community doesn't tolerate this."

Needles said "thank God" someone finally reported the abuse and that Child Protective Services followed up and seized the children. "Those kids are OK now, thank God," she said.

The sentencing range is from five to 99 years in prison on each of the 14 counts. Sentences would run concurrently. Because jurors found Mojica used his hands, mouth and objects as deadly weapons in eight of the counts, he will have to serve half his sentence before becoming eligible for parole.

Jurors continued deliberations this morning.

        

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