 Erika Mendieta is pictured outside the University Ave. courthouse in October. (Jack Boland, Sun Media file photo)
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A North York mother of five appeared tired and dismayed after a jury was unable to reach a verdict in her trial over the beating death of her young daughter.
Justice Todd Ducharme declared a mistrial in the second-degree murder trial of Erika Mendieta, who was accused of killing her 34-month-old daughter Emmily Lucas in November 2003.
The jury twice sent messages to the judge yesterday, saying it was unable to unanimously agree on the decision after only 14 hours of deliberations over two days.
At 8 p.m. Ducharme discharged the jury, saying he had no choice.
A new trial date could be set as early as Wednesday.
Ducharme said he hopes the second trial will start "as quickly as possible" and offered himself as a judge because of his familiarity with the case.
Six years ago yesterday, Mendieta frantically called for an ambulance for her child. Ten days later, Emmily died.
"It's disappointing. The jury worked hard and we'd like to thank them for their efforts," said Mendieta's lawyer Robin Parker.
"We thought this jury was in a very good position to decide this case."
Mendieta, now 33, surrounded by family and supporters, said nothing as she left the courthouse.
Crown attorney Allison MacPherson, who declined comment, argued the jury should convict Mendieta and that her intercepted conversations included admissions she inflicted the fatal injuries upon Emmily.
The prosecution implored jury members to reject the claim by Mendieta's boyfriend Johnny Bermudez that he killed Emmily because he's a proven liar.
His account is a "misguided attempt to protect Erika," MacPherson said.
Parker and co-counsel Bob Richardson argued their client is innocent. The lawyers pinned the murder on Bermudez, who said he confessed to clear his conscience.
Mendieta blamed herself for her child's death because she never took Emmily to a doctor after she fell down a flight of stairs a few days before she was brought to the hospital, her lawyers argued.
She feared having her children taken from her by Children's Aid Society officials. There were signs she had "physically disciplined" Emmily in an inappropriate fashion that left abusive marks on her arms, thighs and buttocks.
SAM.PAZZANO@SUNMEDIA.CA
