98911, People v. Baez

eturned and subdued them. Mitchell suffered a sprained ankle.Officer Brent Lewandowski testified that he was stationed in theemergency room when an inmate who was being treated attacked adoctor. After officers had subdued that inmate, Lewandowski heard“a commotion” coming from the staging area, and he went in to findMitchell “defending blows” from two inmates in front of him.Lewandowski testified that he saw defendant standing behindMitchell and striking him in the head.Victim Impact StatementsJanet Mena’s sister Gabriela Mena gave a victim impactstatement, as did Mena’s father and her mother. The court also heardimpact statements by Kenneth Lozada, Juan Estrada’s brother.Estrada’s wife, Kimberle, who was 5½ months pregnant at the timeof the murders, also submitted a statement.Evidence in MitigationDefendant’s ChildhoodDefendant called his cousin, Tanya Potts, as a witness inmitigation. Potts testified that defendant lived with his mother, Lola,and siblings in a house near Potts in Grand Rapids, Michigan in 1983.In August 1983, Potts learned that defendant’s family had beenkidnapped by defendant’s stepfather, Victor “Tutti” Pasarro, and thefront door and front windows of the house had been broken in. Twoor three weeks later, Potts and her father took defendant and hisfamily to a women’s shelter. Later, after defendant and his familymoved back into their home in Grand Rapids, Pasarro moved in withthem, and Potts was not allowed to visit the home anymore.Approximately 10 years later, defendant’s older sister Antoinettecame to Potts’ home and told Potts she had run away. She only stayeda few hours, however. Three or four months later, the father of Potts’children found defendant out walking in Grand Rapids and broughthim to Potts’ house. Defendant was dirty and tired, and he told Pottshe could not go back home with his mother and Pasarro anymore.Defendant stayed with Potts and her family for two or three months,but he then left, telling her that he felt guilty that he could notcontribute financially to the household.-22-