Mitigation expert sought for mom before sentencing

The defense for a mother who was convicted earlier this month of child endangerment charges resulting in the death of her 20-month-old son wants to hire a mitigation expert.

The expert would testify at sentencing in an effort to reduce a potential 25 years in prison.

Mireya Balderas, 21, made an Alford plea Oct. 2 in Johnson County District Court to child endangerment, neglect of a dependent person and three counts of child endangerment resulting in bodily injury. In an Alford plea, a defendant maintains innocence but admits the state has enough evidence to prove guilt.

Balderas admitted to participating and permitting ex-boyfriend Jorge Perez, also convicted in the case, to physically abusing her son Marcus from Jan. 1 to April 30, 2012. The child had broken ribs, injuries to his head and skull, lacerations to his mouth and other injuries for which Balderas didn't seek medical help, amended charges state.

Balderas also admitted to allowing Perez to care for Marcus, during which time the boy sustained an acute subdural hemorrhage and injury to his liver, right adrenal gland and diaphragm.

Marcus died of blunt force trauma to the head while in Perez's care.

Perez, 23, pleaded guilty in June to child endangerment resulting in death and was sentenced to 50 years in prison.

Balderas faces up to 25 years in prison, but she asked the court last week to continue sentencing and allow time to hire an expert at the state's expense to testify about mitigating factors, including her age, home life, maturity level and mental health issues.

Her lawyer, Mark Meyers, notes that Balderas was 18 at the time she was charged. She was immature for her age and still was attending 11th grade at an alternative high school, Meyers said. Balderas also was a first-time mother, and her family life had been 'tumultuous,” which led to her leaving home. She doesn't have a criminal history or a history of violence, her lawyer said.

Meyers said Balderas wasn't present when Perez inflicted the head trauma that led to Marcus' death.

Judge Mitchell Turner of the 6th Judicial District set a hearing for arguments Oct. 23 in Johnson County District Court.