98911, People v. Baez

defendant’s soul to the devil, which the court said introduced “somebizarre feelings or thoughts on the defendant’s part.” However, thecourt also pointed out that defendant’s father was out of his life byage seven.The court believed that defendant had been physically disciplinedand abused by Victor Pasarro. The court also believed that defendantand his mother had been kidnapped by Pasarro and kept for severaldays until Pasarro’s father discovered them. With respect to GenarroRosas’s other testimony, the court opined, “this abuse, I believe, wasexaggerated by Mr. Baez’s brother Genarro.” Specifically, the courtnoted that Genarro“testified to me that Victor Pasarro never came to thedefendant when he was a ward of the state of Michigan anddid not participate at all in counseling with him. And hedescribed brutal beatings of the defendant by Victor Pasarro.”The court cited three reports of family therapy sessions and one reportof a residential treatment program in which defendant’s mother andPasarro both participated. It also noted that defendant’s own reportsto staff were “open” and discussed being slapped and locked in hisroom by Pasarro and defendant’s mother, but “[e]ven though hediscuss[ed] the abuse on several occasions, he never discuss[ed]anything approaching what Genarro Rosas said occurred to thedefendant.”The court also noted that, although several witnesses gave theimpression that defendant’s mother was not present, “the recordsindicated otherwise.” The court referred specifically to reportsindicating that defendant’s mother was “truly interested in trying tosupport” intervention into defendant’s life and that she had tried toget defendant into drug treatment programs.The court found that defendant did have an antisocial personalitydisorder and a personality disorder not otherwise specified, and thathe had those disorders at the time of the offense. However, the courtalso stated, “I do not believe that they were so extreme. I do notbelieve that they were an extreme mental or emotional disturbance.”In aggravation, the court noted defendant’s long juvenile criminalhistory. With respect to defendant’s several arrests for breaking intoautomotive shops and driving away vehicles, the court stated, “I-36-