Mom gets 99 years.

Even by Texas standards, this seems a little harsh.
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DALLAS (AP) — A Dallas woman who beat her 2-year-old daughter and glued the toddler's hands to a wall was sentenced Friday to 99 years in prison by a judge who described his decision as a necessary punishment for a brutal, shocking attack.

Elizabeth Escalona did not immediately react as State District Judge Larry Mitchell pronounced the sentence at the end of a five-day hearing. Prosecutor Eren Price, who originally offered Escalona a plea deal for 45 years, had argued that she now thought the 23-year-old mother deserved life.

Mitchell said his decision came down to one thing.

"On Sept. 7, 2011, you savagely beat your child to the edge of death," Mitchell said. "For this you must be punished."

The beating left Jocelyn Cedillo in a coma for a couple of days.

Escalona's other children told authorities their mother attacked Jocelyn due to potty training problems. Police say she kicked her daughter in the stomach, beat her with a milk jug, then stuck her hands to an apartment wall with an adhesive commonly known as Super Glue.

Jocelyn suffered bleeding in her brain, a fractured rib, multiple bruises and bite marks, a doctor testified. Some skin had been torn off her hands, where doctors also found glue residue and white paint chips from the apartment wall.

Escalona pleaded guilty in July to one count of felony injury to a child.

Price said Escalona would be eligible to apply for parole in 30 years.

Mitchell could have sentenced Escalona to anywhere from probation to life in prison. A sentence as long as 99 years is rare for felony injury to a child cases in Texas, but not unheard of. According to the Texas Department of Criminal Justice, about 2,100 inmates are serving prison sentences for felony injury offenses involving a child, elderly or disabled victim. Just fewer than 5 percent of those inmates are serving sentences of 99 years or more, including life.

Defense attorney Angie N'Duka said afterward that the sentence was "way too harsh" and suggested the widespread attention her client's case had received contributed to the sentence.

"It's a lot of pressure, a lot of pressure on the parties," N'Duka said.

Price said prosecutors decided to ask for a longer sentence after receiving more evidence they wouldn't have had if Escalona had taken a deal for 45 years.

"We feel like the judge listened very carefully to a very difficult week of testimony, and we feel like he did exactly what the evidence called for," Price said.

Throughout the hearing, Price sought to portray Escalona as a liar, a monster and an unfit mother. She forced Escalona Thursday to look at enlarged photos of the bruises her attack left on Jocelyn.

Price argued Friday that if a stranger had beaten Jocelyn the same way, no one would hesitate to give that person life in prison. Escalona had mishandled a "beautiful gift" of a daughter and failed to recognize what she had done, Price argued.

"The 45-year recommendation was for somebody who was going to take ownership of what she did, appreciate what she caused," Price said.

Sending her to prison for decades would protect her children's future, Price argued.

"You can give Jocelyn and her brothers and sister peace," she said. "You can give them peace, so that when they're sitting around the dinner table at Thanksgiving with their big family, they're not worried that their mother is going to come walking through the door."

Defense attorney Angie N'Duka asked for probation or a prison sentence shorter than 10 years. N'Duka argued that her client was a "train wreck" waiting to happen before the attack, the product of a broken home, abuse and a childhood that included illegal drugs and hanging out with gang members.

N'Duka repeated that she did not want to minimize the injuries from the attack.

"They are despicable, but then the question is, 'What is justice for Jocelyn?'" she said, adding later: "Giving Elizabeth the opportunity to be a better mother, giving her the opportunity to get counseling services, will be justice for Jocelyn."

Escalona's five children, including Jocelyn and a baby born after the attack, are in the care of their grandmother, Ofeila Escalona.

Mitchell listened to both lawyers and took a short break before delivering his sentence.

The judge said he believed many of the allegations that Escalona was abused as a child. "And again, outside of the context of this trial, I think even the state would find you to be a sympathetic figure, because they prosecute people for what was done to you," Mitchell said. "But I can't consider that evidence outside of the context of this trial."

He then announced the sentence. A family member of Escalona began sobbing and screaming, "No!"

N'Duka told reporters that Escalona had asked afterward, "What about my children?"

Ofelia Escalona had asked for leniency for her daughter. After the sentencing, she left the courtroom with a solemn expression, ignoring reporters' shouted questions.

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Now I have a few questions that the media didn't provide answers too..

Did she have a history of child abuse? after all she does have 5 other kids that are older. where any of them abused?

Does she have a record with the Child Protective Services, how many times (if any) have they been called to her house?

Does the police have a record of her being violent, does she have a history of being violent while under the influence of drugs?

She comes from a broken home herself, were any of her beatings as severe as this case?

Did she or her parents ever seek counseling?

I am not defending her actions, This is truly heinous act of violence. And she does need to be taught a lesson, But it's the severity of the crime that has me curious. Obviously she lost complete control. It's odd that nothing was mentioned about her other children. She even had a child after the fact. So she was no stranger to motherhood. Yet, the state didn't mention if they were ever abused. I mean it's rare to commit an act of such violence without preamble.

I do agree she does deserve to be locked up, But I would have given her 25 years. giving her children protection while they grew up. I would also put her in counseling. But the Texas Department of Criminal Justice is known to be one of the worst systems in U.S. when it comes to rehabilitation. I doubt she would learn anything that she hasn't already learned just by being locked up.

What's your take. Was the judge too harsh, was the case too emotionally charged, Did the media coverage influence the sentencing, and how would you have sentenced her?

 

if they sentenced her to 99 years for the safety of the kids, couldnt they give her a lighter sentence and put the kids in foster care if they thought she was unfit?

 

It does seem like an excessive number of years but it's hard for me to feel any sympathy for a woman who beat a child almost to death.

 

In addition to your questions Oz,

Was she pregnant when she abused Jocelyn?
She's admitted to using drugs while out on bond. What sort of drugs? Was she addicted?
Was she taking drugs while pregnant, then?
Was she under the influence of drugs when she abused Jocelyn?
From what I can gather, the prosecution portrayed her as having a history of violence but only provided a tape recording of Elizabeth threatening to kill her mother from years prior.

23 years old with 5 children
Victim of abuse
Problem with drugs & alcohol
Unstable upbringing

Given what's known and in light of all the contributing factors, the sentence appears to be a knee jerk reaction to the nature of the crime rather than a well thought out consideration for what would best serve justice, society and all parties involved.

Though I'll admit, I'm not surprised anymore when I hear about judges who disregard the duty of their position and thoughtlessly dole out revenge sentences. Especially Texas judges.

This woman got more time than Sandusky. Maybe some see no problem with that but when I look at things realistically, Elizabeth Escalona, considering her young age, is a good candidate for rehabilitation whereas someone like Sandusky is not.

And yes, I am thoroughly outraged by what she did to her own child and think she deserves to be punished.

 

Did I get it right? The children are living with the defendant's mother (and the defendant was abused as a child).

WTF?

I'm not clear whether there was a pattern of abuse or not. It is certainly a strong sentence but, had she killed the child, life imprisonment would not be unusual - and she nearly did just that.

 

I'm confused about how plea deals work in Texas.

Accused pleads guilty in exchange for prosecution's offer of 45 years in prison with parole eligibility in 15 years. At some point during hearing prosecution changes mind and requests life with parole in 30?

Appeal on grounds that the accused and her defense attorney might have chosen to plead not guilty and gone to trial in light of a life sentence?

Or am I reading this wrong?

 

Of course it is excessive.
I pretty much agree with Joniemack's observations. It seems a clear-cut case of reactionary justice doled out to an underprivileged Texan minority who pretty much had the cards stacked against her at birth. It's not an excuse for what she did which was, of course, horrifying. But our justice system is supposed to be the antidote for the lynch mob mentality. At least that's what I grew up thinking.

 

This is tough for me...

My mother beat my sister and I on a daily basis and the bitch never got a day of jail time. I haven't seen her since I was 7, but she's tried to make contact and says that it was all a lie my grandmother made up to make me hate her.

Why do I say that? Well, because I know what it's like to be on the receiving end. I'm also aware that stats will show that victims of abuse are more likely to abuse others, but I've not once raised my hand in anger toward my wife or children. Maybe it's just one of those things I'll never understand. I mean, shit, you know what it was like and yet you go and do the same thing and make them feel your pain. Doesn't equate with me... yada, yada, I understand the psychology just not the act.

Anywho, I got lost for a second. I think this is highly excessive but I'm also taking things with about a litre of salt. We don't know just how bad the beatings were other than what text records we have. I think if a picture accompanied this story, people would be less likely to cry "excessive" at first glance. :shrug: She has a case for appeal, and I'm sure it will be brought back, but in this case I think the best avenue would be not only to lock her up for around 8-10, but also make sure she completes a drug rehabilitation program as well as a parenting course. At least that way she'd perhaps have some tools in her bag to help her rehabilitate and become a better mother.

 

I don't think I'd be less likely to cry excessive. I don't need to see photos. When I see photos of people who have been harmed, what should happen to the perpetrators is not what occurs to me. I tend to think that justice should be more impartial than that. I always thought that was the idea. Justice is blind and all that.

 

Not sure how the parole system is in the other states. But in Texas, if convicted of an aggravated charge. you must serve at least half your sentence before you come up for parole. And Texas isn't known for granting paroles even in the best of cases.

But yeah, your right, the system is very broken.

 

Yeah, that's another thing got my head scratching. The judge said 30 years, but Texas parole system says more like 48. I wonder what they go by, what they Judge rules or by their standard.

 

I think there are no crimes worse than abusing a child, sexual or otherwise. The crime imposes a lifetime of agony on the victims. A life sentence with no parole would be fine with me.

 

I agree, the crime imposes a lifetime of agony on its victims. Should the state investigate the accused's claims of child abuse, then? It's likely she's lied about being sexually abused as a child, but it might better help some at least understand her state of mind, if she isn't.

 

I think the media attention had an effect on the sentencing here, and I really dislike having to defend a child-abuser, but 99 years is too long for this if we are giving premeditated, intentional murder less jail time. The Justice system is broken (beyond repair in my opinion), but I agree that something like 25-30 years with mandatory psych treatment would be better for society. Gross either way, but ruining more lives to make everyone feel somehow better about this isn't the way to solve the actual problems, which is what we should actually be doing.

 

You said what I was thinking much more succinctly.