Defendant's testimony at trial appeared to support the defense theory that Garcia may have caused Christina's injuries.The jury, however, heard testimony that Defendant made conflicting statements to the police and to Garcia's cousin Randy Chavez.
Defendant, on the other hand, testified at trial that Christina had awakened the morning of November 24, crying.
According to Defendant, he and Garcia had been having sex early Thanksgiving morning when they were interrupted by the cries of Christina coming from her bedroom.
Later, Christina, Garcia and Defendant were watching the Macy's Thanksgiving parade on television.
Garcia decided to take a shower and she left Christina, who Garcia testified was awake and alert, in the care of Defendant.
Defendant testified that when Garcia took Christina from her room into the living room, Christina was “crying real loud ․not just a cry ․screaming” and that “all of a sudden she just stopped crying.” Defendant testified that when he emerged from the bedroom into the living room, about twenty minutes later, Christina appeared to be asleep in her stroller.
Defendant testified that Garcia tried to feed Christina some cereal but Christina would not eat.
Christina was pronounced dead on November 25, 1994.
Christina was killed by an intentional blow to her skull, and was apparently the victim of a sexual assault.
Freedman, Boyd, Daniels, Hollander, Guttman & Goldberg, P.
A., Nancy Hollander, Albuquerque, for Defendant-Appellant. Tom Udall, Attorney General, Elizabeth Blaisdell, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.
OPINION Defendant Christopher Mora was convicted of first-degree murder (felony murder, with criminal sexual contact as the underlying felony), criminal sexual contact in the third degree (child under thirteen) and intentional child abuse resulting in great bodily harm or death.