Rendall Miller, defense attorney for Tomas Barajas-Mercado said his client made the decision to plead no contest to a charge of open and gross lewdness, even though he has maintained, since the beginning, that he was not guilty. Barajas-Mercado’s accuser has also stuck to her story since the case began.
Barajas-Mercado’s alleged victim provided a victim impact letter to the court, although she did not testify in court. Montero also reviewed six letters sent in support and as character references for Barajas-Mercado.
Miller said Barajas-Mercado had zero criminal history prior to this incident and has always worked full-time to support his family. Miller also said Barajas-Mercado has been under an ICE (Immigration and Customs Enforcement) hold since charges were brought against him. Miller indicated he believes his client may be deported after any prison sentence.
“This incident took place a number of years ago,” Miller said. He added that although his client had entered a no contest plea, “he never admitted that he did this; he has always upheld his innocence.” However, Miller added that the victim has also always upheld that she was molested. “He took a no contest plea because it was in his best interest,” Miller concluded.
When given the opportunity to speak in court, Barajas-Marcado said, through an interpreter, “The only think I do want to say is I have not done anything.”
A no contest plea is legally treated as a guilty plea and Barajas-Mercado was pronounced guilty of open or gross lewdness, a category D felony.
He was sentenced to prison for a term of 19-48 months, with credit given for 112 days he has already spent in jail. He will owe a $25 administrative assessment, $153 for DNA collection and analysis and $855 for the cost of his psychosexual evaluation. In addition, after his release from prison, he will be subject to lifetime supervision as a sex offender.
