Life After Wrongful Conviction
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Maria Mendez spent the last 11 years in prison serving a sentence for a crime she did not commit. In that time, she lost every possession she ever owned; her house, her furniture, her photographs, her clothing, her family mementos, her bicycle, her garden, everything. Now that she has been released from prison, she needs your help.
Maria's Story
One afternoon, in December 2006, Maria was looking after her nine-month old grandson, Emmanuel, when he collapsed and went into cardiac arrest. She called 911 and Emmanuel was rushed to Harbor-UCLA Hospital, where he was resuscitated, but tragically died a week later. Doctors were told about a fall Emmanuel suffered from a bed into a concrete floor two days earlier, while he was with his parents. A CT scan showed that he had sustained a tiny skull fracture, consistent with the reported fall. Emmanuel also suffered from respiratory issues, since birth. The night before his fatal collapse, he was in respiratory distress so his mom rushed him to a nearby clinic. He was given a nebulizer treatment for respiratory distress. Additional medication was prescribed for Emmanuel that night to treat his acute respiratory issues, but the pharmacy was out of the needed medication. Emmanuel's mom planned to pick up the prescription the following afternoon. Unfortunately, Emmanuel collapsed and went into cardiopulmonary arrest before the medication was ever picked up.
Harbor-UCLA pediatrician and "child abuse expert," Dr. Carol Berkowitz, told police and the coroner that an hour or two before Emmanuel was rushed to the hospital, he was either beaten or shaken or suffocated (she was not sure which form of abuse was inflicted but she was certain Emmanuel had something she called "Abusive Head Trauma" (AHT). The coroner relied on Dr. Berkowitz's opinion and ruled Emmanuel's death a homicide. Maria Mendez was arrested and charged with murder and child abuse.
The jury at Maria's trial convicted her based on Dr. Berkowitz's false testimony that the CT scans taken when Emmanuel arrived at the ER showed he had "massive, massive brain swelling." As Dr. Berkowitz recently acknowledged under oath, the CT scans did not show massive brain swelling when Emmanuel arrived at the hospital. Dr. Berkowitz's assessment of the cause and severity of Emmanuel's injuries was tragically wrong. Her opinion that Emmanuel died of child abuse was relied on by the coroner's office in determining that the cause of death was a homicide. Maria Mendez spent 11 years in prison as a result.
Loyola Law School's Project for the Innocent investigated Maria's case for three years and filed a petition for a writ of habeas corpus in 2016. After hearing testimony from medical experts in a week-long evidentiary hearing, on June 27, 2018, the court ordered that Maria be immediately released from prison, based on a deal reached with prosecutors.
Ms. Mendez is and always has been a loving mother and grandmother. She raised 10 children of her own and has helped her children care for and raise her many grandchildren. Maria wants to return to her family in Mexico and spend the rest of her free life surrounded by those she loves .
Maria has lost every single one of her possessions while she was incarcerated. Please help her in her rebuild her life and transition back into her life as a free woman. Any amount helps.
About Loyola’s Project for the Innocent
The Loyola Law School Project for the Innocent (LPI) pursues claims of actual innocence on behalf of those wrongfully convicted of crimes. Students work under the supervision of founder Laurie Levenson, David W. Burcham Professor of Ethical Advocacy; Legal Director Paula Mitchell; Program Director Adam Grant and other supervising attorneys. Since 2011, LPI has secured the release of six clients seeking justice after wrongful convictions. They include Maria Mendez (2018 release after 11 years in prison); Jaime Ponce (2017 release after 19 years in prison); Marco Contreras (2017 release after 20 years in prison); Andrew Leander Wilson (2017 release after 32 years in prison), Kash Delano Register (2013 release after 34 years in prison), and Obie Anthony (2011 release after 17 years in prison). Learn more at www.lls.edu/ProjectfortheInnocent.
Maria's Story
One afternoon, in December 2006, Maria was looking after her nine-month old grandson, Emmanuel, when he collapsed and went into cardiac arrest. She called 911 and Emmanuel was rushed to Harbor-UCLA Hospital, where he was resuscitated, but tragically died a week later. Doctors were told about a fall Emmanuel suffered from a bed into a concrete floor two days earlier, while he was with his parents. A CT scan showed that he had sustained a tiny skull fracture, consistent with the reported fall. Emmanuel also suffered from respiratory issues, since birth. The night before his fatal collapse, he was in respiratory distress so his mom rushed him to a nearby clinic. He was given a nebulizer treatment for respiratory distress. Additional medication was prescribed for Emmanuel that night to treat his acute respiratory issues, but the pharmacy was out of the needed medication. Emmanuel's mom planned to pick up the prescription the following afternoon. Unfortunately, Emmanuel collapsed and went into cardiopulmonary arrest before the medication was ever picked up.
Harbor-UCLA pediatrician and "child abuse expert," Dr. Carol Berkowitz, told police and the coroner that an hour or two before Emmanuel was rushed to the hospital, he was either beaten or shaken or suffocated (she was not sure which form of abuse was inflicted but she was certain Emmanuel had something she called "Abusive Head Trauma" (AHT). The coroner relied on Dr. Berkowitz's opinion and ruled Emmanuel's death a homicide. Maria Mendez was arrested and charged with murder and child abuse.
The jury at Maria's trial convicted her based on Dr. Berkowitz's false testimony that the CT scans taken when Emmanuel arrived at the ER showed he had "massive, massive brain swelling." As Dr. Berkowitz recently acknowledged under oath, the CT scans did not show massive brain swelling when Emmanuel arrived at the hospital. Dr. Berkowitz's assessment of the cause and severity of Emmanuel's injuries was tragically wrong. Her opinion that Emmanuel died of child abuse was relied on by the coroner's office in determining that the cause of death was a homicide. Maria Mendez spent 11 years in prison as a result.
Loyola Law School's Project for the Innocent investigated Maria's case for three years and filed a petition for a writ of habeas corpus in 2016. After hearing testimony from medical experts in a week-long evidentiary hearing, on June 27, 2018, the court ordered that Maria be immediately released from prison, based on a deal reached with prosecutors.
Ms. Mendez is and always has been a loving mother and grandmother. She raised 10 children of her own and has helped her children care for and raise her many grandchildren. Maria wants to return to her family in Mexico and spend the rest of her free life surrounded by those she loves .
Maria has lost every single one of her possessions while she was incarcerated. Please help her in her rebuild her life and transition back into her life as a free woman. Any amount helps.
About Loyola’s Project for the Innocent
The Loyola Law School Project for the Innocent (LPI) pursues claims of actual innocence on behalf of those wrongfully convicted of crimes. Students work under the supervision of founder Laurie Levenson, David W. Burcham Professor of Ethical Advocacy; Legal Director Paula Mitchell; Program Director Adam Grant and other supervising attorneys. Since 2011, LPI has secured the release of six clients seeking justice after wrongful convictions. They include Maria Mendez (2018 release after 11 years in prison); Jaime Ponce (2017 release after 19 years in prison); Marco Contreras (2017 release after 20 years in prison); Andrew Leander Wilson (2017 release after 32 years in prison), Kash Delano Register (2013 release after 34 years in prison), and Obie Anthony (2011 release after 17 years in prison). Learn more at www.lls.edu/ProjectfortheInnocent.
Organizer and beneficiary
Arianna Price
Organizer
Los Angeles, CA
Loyola Project for the Innocent
Beneficiary
