Frederick Mendoza’s death sentence vacated because of PTSD.

| August 3, 2018

 

From a 2008 article

Rita Kremberg, originally from New York, lived in Las Vegas for about nine years with her husband, who died in 2002. They didn’t have any children but a friend testified that Kremberg and her husband had been active in raising money for medical centers for kids. Her friend, Gene Fogleman, said Kremberg was afraid of the crime in New York City and thought she’d be safer in Las Vegas.

Kremberg was found dead at her apartment on March 3, 2007. She was naked from the waist down and had multiple stab wounds. Her attacker didn’t steal anything from her apartment.

Las Vegas detectives found Mendoza’s fingerprints on a liquor bottle found inside Kremberg’s apartment. Mendoza denied knowing Kremberg or ever being in her apartment when homicide detectives asked him about it. He had lived at the Destination Senior Living facility about three months.  Mendoza’s DNA was found under Kremberg’s fingernails and on her genitals, said county prosecutor Robert Daskas.

Daskas also told the jury that Mendoza had a prior conviction for a sexual crime in Las Vegas. In 1977, he met a woman at a hotel bar, followed her to her hotel room, choked her and raped her, Daskas said.  The victim in the case wanted to press charges against Mendoza because she believed he would kill the next time, Daskas said.

Mendoza pleaded guilty to battery with the intent to commit rape in 1978 and was out of prison by 1979.

Now a Judge has vacated his death sentence because he caught the PTSD in the NAM.

A Las Vegas judge on Thursday vacated the death penalty for a Vietnam War veteran who raped and killed a 68-year-old woman more than 10 years ago.  Frederick Mendoza, now 71, pleaded guilty in 2008 in the slaying of Rita Kremberg. But he immediately appealed his sentence, which was handed down by a jury after a penalty hearing.  Under a deal with prosecutors made this month, Mendoza agreed that he would waive any challenge to his conviction and not appeal a sentence of life without parole.

Mendoza had post-traumatic stress disorder after serving more than 18 months as a Marine in Vietnam, said his lawyer, Jamie Resch, who called the jury’s sentence “fundamentally unreliable.”

If lawyers either wearing a robe or not decide these things, why waist the time of 12 citizens who are “fundamentally unreliable.”

“This hard-fought and extremely rare agreement helps treat a combat veteran fairly and protects the state’s interest by ensuring Mr. Mendoza lives out his remaining days in prison,” said Resch, who had not spoken with Mendoza since District Judge Michael Villani signed off on the agreement. “I’m certain he’s very happy with this. He’s older and just wants to live out his days with the most freedom he can as an inmate.”

Can I get a show of hands…how many people care about what Mendoza wants?  It’s because of lawyers in robes like Mikey Villani that this animal was let back on the streets after a year in the 70’s.   A jury of his peers said the man should have been executed years ago, he should have no say in anything at this point.  PTSD is no excuse for any crime.

Kremberg was sexually assaulted and stabbed 18 times by Mendoza, and her throat was slit with a steak knife in March 2007, authorities said. The two were residents at Destinations Spring Valley, a senior-living facility near Jones Boulevard and Flamingo Road.

 

 

Category: Liberals suck, Veterans Issues, WTF?

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Doc Savage

*Raises hand*….fuck the bastard.

USAFRetired

Somebody do a FOIA request on this scheisskopf and find out if his PTSD might be legitimate.

Deckie

“He’s older and just wants to live out his days with the most freedom he can as an inmate.”

I’m sure his victim wanted the same freedom to live out the remaining years of her life in happy peace. But, who cares about the victims? Right?

What a bunh of snakes…. Mendoza, the judge and his lawyer.

Deckie

bunch*

Mayhem

I see we are still living in an era where convicted criminals rights outweigh those of their victims. What a sad and twisted society we live in.

Mason

Well when we’ve got governors pardoning illegal aliens convicted as wife beaters, drug dealers, and other violent criminals just so they don’t get deported, the bar has been set absurdly low.

Hondo

I wanna see a FOIA on Mendoza. If anyone can come up with some or all of the requisite info (full name/DOB/POB/approx dates of service/SSN or Serial Number), send them to DH.

DH, if someone sends you that info please forward it to me and I’ll file the FOIA.

Oh, and I have some contemptuous words for the judge involved here: GFY, Judge. I refuse to use the usual honorific of “Your Honor” to refer to that . . . individual.

Claw

The linked articles say Mendoza has been collecting 100% from the VA for PTS.

I smell another Doc Shrum in the making.

But, Alas, any FOIA request on Mendoza will have to be forwarded to Frank Visconi since all Marine personnel records were lost when the NBA overran Khe Sanh./smile

MSG Eric

The National Basketball Association (NBA) overrunning Khe Sanh is more plausible than this guy raping and killing a woman because “The PTSD!”

MSG Eric

So any time I feel like breaking the law, all I have to do is say, “PTSD!” and I’ll walk out the door.

I’m sure we’ll all be curious to see the FOIA on this guy.

Non Cedo Ferio

I’m service connected for PTSD. Been in treatment for the last 11 years so I’ve learned a lot about my self , and I’ve learned what PTSD is and is not. It sucks sure. Every day is a new challenge , but it is NOT a catch all excuse for bad behavior. It’s clowns like this that cause ill informed ppl including vets to say either everybody with PTS is faking , or that everyone with it is a potential homocidal maniac. Same goes for these clowns who get out on a BCD and say PTS made them a POS troop. It all boils down to focusing on these bad apples as opposed to the vets like myself who put in the work. Go to therapy , take meds and learn coping skills.

Mason

After years of people with PTSD being regarded as cowards or somehow broken, I can appreciate how now society is willing to give PTSD sufferers the benefit of the doubt. PTSD doesn’t give me or anyone else any right to be a rapist or a murderer, which is what this judge is saying.

However, like you, I resent that they allow people like this predatory animal to use it as an excuse. It only helps to reinforce a negative belief that somehow everyone with service connected PTSD is a ticking time bomb.

Jay

I just want the guy to get fucked with a cactus. Does anyone care what I want?

The Other Whitey

I’d prefer he be fucked with a chainsaw.

19D3OR4 - Smitty

Chainsaw made of cacti

The Al

Wrap the cactus in some rusty razor wire and I’ll agree

Haywire Angel

Add the asbestos too!

A Proud Infidel®™️

And then soak said asbestos with diarrhea and nuclear waste.

The Stranger

Maybe afterwards get run over by a feral backhoe!

Ex-PH2

Like Hondo, I want to see proof that this creature from the bottom of The Pit did serve at all.

He does give you a good reason to stay out of so-called senior housing.

The Other Whitey

Has anybody run the numbers on the total count of shitbags who falsely claim to be “disturbed combat veterans” in court, as opposed to those who actually were? That ratio must be staggering in favor of the former. How about this douche? His “the PTSD made me do it” defense is clearly horseshit, but was he really in Vietnam, and if so, was he actually a supply clerk or janitor?

As for what he wants, who fucking cares? I’m pretty sure his victims didn’t want to be raped, strangled, and stabbed!

Crusty Old Vet

“Was he actually a supply clerk or janitor?”

You do know that the “supply clerk” (using a broad brush here) is at or near the top of the target list, right? Anyone planning a war has “cut the supply line” highlighted.

The Other Whitey

No offense meant. But TAH has plenty of threads about people who worked in a warehouse or office, then decided that their actual service didn’t sound cool enough and started claiming Green Beret/SEAL/ForceRecon status. That’s what I was getting at, not trying to disrespect actual supply clerks or janitors, as no organization can function without the people who keep it fueled, fed, and running. I figure this guy probably wasn’t in Vietnam, and if he was, he was probably never in combat, despite his claims.

I apologize for poor articulation.

Sparks

FOIA or Vietnam didn’t happen.

AW1Ed

Did he have PTSD in the first place? Who/where was his diagnosis performed?

NHSparky

Throws BS flag high and far.

And anyone who thinks Vegas is safer than NYC hasn’t been to either place lately.

Skyjumper

So many questions.

1. Did his attorney present documentation from the VA to the court showing that this person was officially diagnosed as having PTSD and that he was awarded 100% disability for it?

2. Generally, those individuals diagnosed with 100% PTSD do not or are not able to work. What is his work record?

“A rating of 0% indicates that a veteran has PTSD but the disorder has not affected his or her ability to work, whereas a 100% rating theoretically means that the veteran is not capable of working at all because of PTSD”

3. “He was awarded the Cross of Gallantry and other medals”. “He served his country,” Oronoz said. “He served his country honorably.”

Most Vietnam Cross of Gallantry’s were unit citation awards. To be sure, there were also individual VCG’s awarded, but generally they were mostly unit awards.

…All units (and their individual personnel) of all Allied countries subordinate to Military Assistance Command (MACV) during the period 8 February 1962 and 30 April 1975 are recipients. This permits all recipients of the Vietnam Service Medal (all military personnel who served in the air, on the land in Vietnam or in Vietnamese Waters) who are authorized the Vietnam Service Medal to be authorized the RVN Gallantry Cross…

Sounds like his attorney was trying to “plump” up this individuals military record to the court and make him out to be a war hero.

Yeah, I for one would also like to see what a FOIA would turn up on Mendoza.

In the meantime, phuck his lawyer and the judge for totally ignoring the jury’s findings & sentence.

JMO

Hack Stone

Just be glad that the lawyer did not throw in that Mendoza also completed the Personal Finance MCI course.

2/17 Air Cav

Normally, I would lead the pitchfork parade when it comes to lawyers in black robes, but this situation is just strange. Mendoza plead guilty in 2008 to the killing w/o benefit of a plea bargain. That’s odd. Mendoza then moved on to the penalty phase and that’s when a jury said, ‘Kill the bastard,’ or words to the same effect. So, Mendoza moved into a nice, cozy cell on death row which, in Nevada, means nothing other than greater restrictions in the joint. Nevada’s last execution was more than 12 years ago. Anyway, with Mendoza’s ancient appeal pending–and maybe not looking too good for the state–the prosecutor and Mendoza strike a deal. Mendoza would give up all future appeal rights and, in exchange, he would come off death row and, presumably, into the general population. This is an unusual case, from the guilty plea w/o a deal, to a deal to come off death row. I’m guessing the state didn’t like its chances. Mendoza’s latest atty was just spouting off, as if anyone gives a shit about her client.

Perry Gaskill

A possible explanation for how things turned out at the original trial is that Mendoza pleaded guilty to the murder despite the advice of counsel because, according to one of his attorneys in the first story, “He wanted to accept responsibility.”

It’s also unclear if there would have even been an option to plea bargain when the trial reached the penalty phase. My understanding of penalty phases in trials is that they are normally used to offer facts in mitigation such as playing the PTSD sympathy card.

Unfortunately for Mendoza, the original jury apparently didn’t buy it.

Veritas Omnia Vincit

Not that I would ever advocate violence by anyone else, I personally would like to beat this fucker to death to with a hammer

2/17 Air Cav

He actually has a much greater likelihood of being killed now than he did on death row where he wasn’t going to be executed and he was shielded from the other bad guys. That would be something if he caught a shiv in the throat now.

Denise Williams

Reason number 2,137 for removing PTSD from the DSM-5 as a mental health disorder. It is a physiological, biological injury that we are beginning to be able to measure physically, that presents as a mental health disorder. It is the injury in the brain that causes the mental health presentation. Not too long ago, depression and personality changes of aging were considered a mental health disorder, we now know them to be early signs of dementia.

Once we are able to consistently, accurately measure the injury that is PTS-Injury, all this shitbaggery will end. And so will the stigma for those who actually have the injury.

In the meantime, I heartedly concur with the suggestions for the judge and lawyer to fornicate themselves, preferrably with prickly flora.

26Limabeans

PTSD does not cause rape.
Rape however, does cause PTSD.
It is an act of violence unrelated to military service in modern times and is devastating to the victim.

Burn this guy.

Jon The Mechanic

I have been diagnosed with PTSD, and I have never raped and killed a woman.

I have had the desire to beat the shit out of stupid people, but I have not acted on those desires, because I still know right from wrong.

Fuck this guy with a Saguaro Cactus.

FatCircles0311

More injustice system spitting on victims. I’m not sure how these people that come up with and approve this shit live with themselves.

Jeff LPH 3, 63-66

Maybe a can of Xyklon B under his rack would do the trick./Sarc.

Justin Sane

Sorry I am not sure if I am more disgusted with the prep or the judge. I suspect it is the judge.

5th/77thFA

Sever his supply lines by stabbing 18 times and cutting with a steak knife. That will treat his PTSD.

GDContractor

I am reminded of something Jonn said (I think) : “PTS sufferers are more likely to hurt themselves than to hurt others.”

I Google up this study abstract which is short, and sweet:

https://www.ptsd.va.gov/professional/co-occurring/research_on_ptsd_and_violence.asp