The man who shocked the murder trial of Erika Mendieta by insisting he was the one who beat his ex-girlfriend’s infant daughter to death was portrayed as a misguided liar by the Crown in closing submissions on Tuesday.
In contrast, the defence urged the jury to accept the confession of Johnny Bermudez as the words of a remorseful child killer trying to clear his conscience.
Earlier this month, Mr. Bermudez testified he "lost it" and fatally beat two-year-old Emmily Lucas in November 2003.
"Erika Mendieta didn’t do it. Johnny Bermudez killed Emmily. He told you under oath," defence lawyer Bob Richardson told the jury in an impassioned closing address.
Crown attorney Allison MacPherson countered: "Mr. Bermudez is a person who has no hesitation in not telling the truth.”
She told the jury he gave a "false confession" that should be ignored. "It is a story. It is not what happened. Erika Mendieta killed Emmily herself," she said.
Ms. Mendieta, 33, is on trial in Ontario Superior Court on a charge of second-degree murder in death of her daughter. The infant’s body was covered with cuts and bruises and a fatal brain injury was caused by "blunt force impact" according to the autopsy results.
The mother of five other children, one of whom was fathered by Mr. Bermudez, testified that when she returned to her North York home the afternoon of Nov. 13, 2003, Emmily appeared to be sleeping on the couch.
A few minutes later, one of her other daughters screamed and Ms. Mendieta saw that Emmily appeared to be lifeless. Emmily died in hospital 10 days later from her injuries.
Police launched a lengthy investigation that included phone wiretaps and a planted recording device inside the home of Ms. Mendieta and Mr. Bermudez.
Conversations in which Ms. Mendieta made incriminating statements should be examined with an "open mind," Mr. Richardson said. He told the jury that his client thought she was responsible for what happened to her daughter because of a fall down the stairs the day before she was taken to hospital.
The confession by Mr. Bermudez, nearly six years after the child died, was not an attempt to try to reunite with Ms. Mendieta, her lawyer said. "He did it to ease his conscience and make peace with God," Mr. Richardson said.
The confession was made under the protection of the Canada Evidence Act, which means it may not be used against Mr. Bermudez.
Ms. MacPherson urged the jury to listen to the recorded conversations, including one where Ms. Mendieta appears to confess, after a night of drinking and marijuana consumption. "She is expressing remorse for what she did," the Crown said.
The jury will begin its deliberations on Thursday after final instructions from Superior Court Justice Todd Ducharme.
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