 Johnny Bermudez admitted to killing a young girl while on the witness stand in Toronto, Ont., Wedensday, November 4th, 2009. (Sun Media/Greg Henkenhaf)
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TORONTO -- The boyfriend of a woman on trial for the second-degree murder of her daughter testified in court yesterday that he is the one responsible for the little girl's death.
Johnny Bermudez admitted in open court to beating to death the 34-month-old girl, but only after he was granted Section Five protection under the Criminal Justice Act, which means anything incriminating he says at the trial cannot be used against him in future criminal trials.
When asked who is responsible for the little girl's death, Bermudez said, "I am."
Erica Mendieta is charged with the Nov. 13, 2003 killing of her daughter, Emmily Lucas.
"I want to make everything right. I don't want someone punished for what I have done," Bermudez said.
He testified that on Nov. 13, 2003, he was left alone with Emmily and another child, Max, whom he fathered with Mendieta and that the children wouldn't stop crying.
"I couldn't take the crying any more. I slapped Max and threw him on the couch and he rebounded on the floor. I slapped Emmily twice and pushed her back twice. I'm assuming it was hard," he said.
Bermudez admitted he "lost it" and doesn't know how many blows he inflicted on Emmily.
After the beating Emmily never got back up. Emmily died 10 days later; the cause of death was a blow to the head.
"It was the first time that I lost it. I've never hit any children before in my life. It's just not me. It was me that day but not the person who I am," Bermudez said.
At one point, court guards filled the court room and it appeared they were going to arrest Bermudez before they left. "Something was brewing," said Bermudez' lawyer, Patrice Band.
Because of Section Five protection, police need to perform an independent investigation without Bermudez' testimony to make an arrest.
Emmilly's biological father, Derrick Parra, testified Mendieta told him that "Emmily fell down some stairs and was going to die," and that the little girl had been severely disciplined days earlier.
Court heard Emmily's body was badly bruised and that her face was black and blue.
Crown prosecutor Allison MacPherson questioned Bermudez how many different versions of Emmily's death he has told, and there have been several.
He once told police he was coming down the stairs as Emmily was coming up and they both fell to the bottom.
He has also claimed that he was not at home but at work the day Emmily needed to be taken to hospital.
"Everything I have said prior to today has been a lie. I don't know why I didn't tell anyone. I didn't tell my closest friend or family," Bermundez said.
MacPherson is continuing with her prosecution of Mendieta as being responsible for Emmily's death.
Court heard wiretaps in which Mendieta talks about her guilt in her daughter's death and her negligence for not taking Emmily to hospital after she allegedly fell down stairs.
In one segment, Mendieta says in her own defence that no one who assaulted a child would call 911 as she did because they would just get rid of the body.
"It is just my ignorant way of talking. I didn't do anything to my daughter," she said.
KEVIN.CONNOR@SUNMEDIA.CA
