Judge rules defendant understood rights

Timothy Mendoza began life with every disadvantage.

His 15-year-old mother was a runaway who abused drugs and alcohol from the time she was 13. That continued during her pregnancy with Timothy, who was born addicted to cocaine, which resulted in cognitive, emotional and developmental disorders.

Six weeks after Mendoza's birth, the state took him away from his mother and granted custody to his maternal grandmother Kathleen Scanlan, a self-described "helicopter parent," who has cared for him ever since. Now 21, he has been in therapy since age 6.

The issue before Cook County Associate Judge John J. Scotillo Tuesday was whether the disorders prevented Mendoza, charged last year with aggravated criminal sexual abuse of a 12-year-old girl, from voluntarily waiving his Miranda rights.

Scotillo ruled that Mendoza did understand his Miranda warnings, despite his attorney's assertion to the contrary.

Mendoza's attorney, assistant public defender Joe Gump, maintained that Mendoza's statements to Schaumburg police in July 2007 were not voluntary even though he came to the station freely.

"I told my grandmother, 'I trust them,'" Mendoza said under questioning from Gump, revealing he knew the officers from his involvement with the Schaumburg Teen Center.

Mendoza claimed he asked for a lawyer and for his grandmother during the questioning, which left him anxious. He also claimed he had no idea what Miranda warnings were and insisted he never initialed the pages indicating he understood them. Schaumburg detective Mike Carroll disputed both claims, testifying the defendant "indicated verbally he understood each right" and that Mendoza neither requested an attorney nor invoked his right to remain silent. Asked about his signature on a statement describing the crimes of which he's accused, Mendoza said the statement was false.

"If the statement wasn't true, why did you sign it?" asked Gump.

"I wanted to go home, pure and simple, plain as water," said Mendoza, who said the detectives told him he could go if he signed. Carroll disputed that.

Forensic psychiatrist Dr. Nishad Nadkarni evaluated Mendoza in late July and concurred in part with Hoffman Estates' Health and Human Services' psychiatric assessment of Mendoza, which determined he suffers from ADHD, post-traumatic stress disorder, bi-polar disorder and narcissistic personality disorder. However, Nadkarni also testified Mendoza "would have been capable of comprehending his Miranda warnings at the time of his arrest."

In his closing statement, Gump suggested the "fragility of his psychological makeup" combined with his placement in a high-stress situation prevented Mendoza from knowingly waiving his rights.

Assistant state's attorney Karen Crothers countered that a tough life doesn't preclude a person comprehending Miranda.

Mendoza next appears on Oct. 14 at which time the date for his bench trial will be set. He faces three to seven years if convicted.