Arlington Heights 97-year-old testifies in sex assault case
"I was conscious of somebody being in the apartment."
That began the testimony Wednesday of a 97-year-old woman who authorities say was attacked and sexually assaulted in August in her Arlington Heights home.
The woman testified during a preliminary hearing for Frank Mendez, 51, the Mount Prospect man who authorities say broke into the woman's home, struck her in the face and arms and assaulted her about 10:30 p.m. Aug. 20.
Mendez was not charged with the assault and home invasion until a month later, when he was arrested on another charge and police said his fingerprints matched those found at the woman's home. He is being held on $5 million bail.
The woman testified the intruder struck her repeatedly in the face while she attempted to fight him off.
"I just kept trying to protect myself," she said. "It went on for quite a long while.
"I think he hit me with an open hand, I can't remember exactly.
Under cross examination, the woman testified she didn't see the intruder's face or clothing and was unable to determine his height or weight. She said she did not see a weapon.
After a court recess, prosecutors called the woman back to the witness stand after courtroom personnel determined that she had not been properly sworn in.
She testified again, but some answers did not match her earlier responses.
Cook County Assistant Public Defender Joseph Gump argued her first responses should not be admitted because she was not under oath.
"There would be a due process violation if those answers were to come into evidence," he said.
Cook County Assistant State's Attorney Clarissa Palermo asked Judge Joseph Cataldo to consider the woman's testimony in totality.
"The complaining witness was not under oath initially, but both sides referenced (her testimony) ... both testimonies were interwoven," said Cataldo, who indicated he would consider all her testimony for the purposes of Tuesday's preliminary hearing.