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November 19, 2009

Medical examiner testifies about bent knife

Posted: 11:56 AM ET

Fort Myers, Florida - The Deputy Chief Medical Examiner of Lee County, Dr. Robert R. Pfalzgraf, was back on the stand Wednesday afternoon in the case of Florida v. Juan Mendez Jr.

Dr. Pfalzgraf’s testimony had been abruptly halted earlier in the week when the forensic pathologist testified he had compared a knife found near the crime scene with the stab wounds on the victims. Defense attorney Gary Bass objected to this testimony by stating the medical examiner had told the defense during their deposition with him, that he had never before seen a knife connected to the case.

After much argument, it was finally determined by Judge Steinbeck that the state was responsible for a discovery violation. They never alerted the defense, as required under Florida law, to Dr. Pfalzgraf’s opinion that the half-circle, bent knife blade could have inflicted the victim’s wounds.

Following Judge Steinbeck’s final ruling that the discovery violation did not materially hinder the defense’s case, the prosecution put the medical examiner back on the stand.

Dr. Pfalzgraf not only testified the bent knife could have inflicted the wounds, but that the bent tip and knife blade may have come from the murderer intentionally stabbing into a victim’s skull.

On cross-examination, Gary Bass asked the forensic pathologist why he was handing the knife with his bare hands, instead of wearing gloves that professionals normally do on the stand. The doctor seemed to laugh and testify it wasn’t really any different from any knife in any home, and since prints had been processed, it didn’t really make a difference if he handled it with his bare hands.

Juan Mendez Jr. is facing life in prison for the stabbing deaths of his wife Whitney Mendez and her mother Lorena Stone.

Jean Casarez, In Session Correspondent

Filed under: Trials


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Shari   November 19th, 2009 12:25 pm ET

When he sits in court laughing and rubbing his hands constantly he looks guilty when the jury is there he sits like a stone and the jury must think that he is someone who could let a child be alone in a highchair while is mother and grandmother are brutally killed. Just because he cleaned the crime scene really well of his involvment and his girlfriends car doesn't mean he din't do this.
He has the OJ look look how cool I am

Jazzeme   November 19th, 2009 12:54 pm ET

OMG DNA shows he's not guilty, If he is convicted it's because some old senior citizen on the jury want to see him go down !!!

Debra   November 19th, 2009 1:16 pm ET

I do not see how the prosecution will be able to prove beyond a reasonable doubt that Juan is the offender. I see so many blanks left unanswered

Jazzeme   November 19th, 2009 3:30 pm ET

Shari : and that cool look is going to set him free, just like OJ... there is no proof that this man killed his wife and mother-in-law no matter what we think. maybe he did not do it, but had someone else to do it for him i'm sure he does know something about their death, but without proof what can you say.

Nile   November 19th, 2009 5:32 pm ET

I think he did do it, but he did not act alone. There were over forty stab wounds between the 2 ladies. Wouldn't you have thought there would have been more of a struggle, if it was just Juan committing this act? This was well thought out. He knew not to take the child because that would have incriminated him. The DNA is not the babies. It is linked to one of Juan's family members. Based on the way the DNA was collected he will walk. If they had collected the phone records in a timely manner, this trial would be over.

Gina   November 19th, 2009 7:05 pm ET

While I think there is evidence of his involvement, it is disturbing that the ME mishandled things (like the knife issue, the inproper collection and possible cross contamination of the nail clippings....etc) , add to the fact that the ear-witness (the co-worker claiming to be on the phone) said nothing until a year later when the police tracked her to another Dennys (as opposed to her going to as many police stations as needed to give her testimony)....is a real problem. A real big problem. Because with the DNA linked to the fingernails, the type of link it is (meaning it could be any male in Mr Mendez' family) and no clear proof that the cells came from under or on top of the nails (also packaged together-rather than separately) where a baby could have cells of his on his mothers nails.....it still doesn't explain some of his other positive DNA , the violent history, with the victem and other women, etc.... it could go either way here. Remember....a Grand Jury refused to to indict.

Pete & Terry   November 19th, 2009 7:45 pm ET

THE DEFENSE LAWYER, BIZEL I BELIEVE, COMES OFF VERY POORLY. HE ALONE COULD CAUSE THE JURORS TO CONVICT HIS CLIENT. HIS THEATRICAL MANNERS ARE NOT AMUSING, IT JUST SHOWS HE HAS A CHIP ON HIS SHOULDER. I DO NOT BELIEVE THE JURORS WILL GO FOR THE BAD COPS CONSPIRACY THEORY, ITS OLD AND BEEN USED TOO OFTEN!

Cindy   November 19th, 2009 8:17 pm ET

this guy is guillty and hes gonna get away with it. .He'll do it again. then what? We all know..we have seen it before.....

Lotus   November 19th, 2009 8:45 pm ET

Who else would have a reason to murder these two ladies? He hated them, he overkilled them, did not care about his "beloved" son when he left him for hours and hours in the street. DNA has not shown he is not guilty, have to wait and see. But he did kill them. He has that mean look, personality, macho man, woman beater, womanizing,

nancy   November 19th, 2009 9:37 pm ET

Looks like – thanks to the Keystone Cops – that this dude might just get buy with killing 2 people. Pretty sad

bridgette Thompson   November 20th, 2009 12:25 am ET

Do you think Mr. mendez used a glove and thats why its so hard to prove any dna findings . MR Mendez worked in a fast food establishment he have access to gloves. The medical examiner wasn't professional and also, one of the main witnesses who weren't prep for trial. I think MR. Mendez did it and he used a he used a glove and covered his body with a plastic cover where the werent any scratches on his body

chrsitypaul   November 20th, 2009 2:13 am ET

Well the dumb police, handling the kniffe on the stand w/o gloves in court, now Juan Mendez lawyer can call a mistrial and then its not gonna look too good with it be the third time trying to convict him, I think the polcie made to many mistakes and they are going to let a murderer go free due to thier arrogance. He is just another " OJ" – minus the celebrity status. Thanks
Maryland~

Denise   November 20th, 2009 9:55 am ET

I think that the defense has done enough damage to the state's case which may result in a dismissal. There is a good agrument for the defence to tell the judge that the state has opened the door for reasonable doubt therefore he should dismiss the case.

Sheila   November 20th, 2009 11:57 am ET

I believe this idiot did it, but may be able to get reasonable doubt. I don't know how many cases have been screwed up to shotty police work. This guy knows that he was in the house before and left his DNA and he's counting on that to save his behind. I personally can't stand his coldness when the bodies were discovered. Only a cold hearted b-----–d could have no emotions after all this was the mother of child. There is one good thing that he's not counting on and that is the LORD sees all. If he gets away with it here, he'll definitely burn in the Lake of Fire!!!!!!!!!!!!

think   November 20th, 2009 4:06 pm ET

They might of not shown dna the first test but the more detailed DNA
did show it that it was either him or his son's DNA on the knife or
his related family.

What did his son use the knife to kill his mom or his grandma while
sitting in his high chair?????

Do you think the baby used the knife for a teething ring or a play toy???

Lisa C.   November 20th, 2009 4:18 pm ET

crazy! They know he did it but can't make it stick. What happens when the evidence appears.. it will one day!

Diane Sower   December 3rd, 2009 10:42 am ET

This is what happens to a defendant with a history of spousal abuse, to the point of her fearing his every move? Any batterers out there standing up for this guy? And, as far as the proscecution holding the knife w/o gloves, it's really mox nix. Haven't you noticed that nobody ever has to prove motive, yet, here we see perfect motive, as well as a violent history. Yup, he's a batterer, and he needs to go away and not bother any women for a long time.

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