ST. LUCIE COUNTY − Jose Soto-Escalera is expected to learn Oct. 10 whether a judge will sentence him to death following his murder conviction and a jury’s recommendation of capital punishment.
At the conclusion of an Oct. 6 Spencer hearing, Circuit Judge Lawrence Mirman said he anticipated announcing his decision at 1:30 p.m. Oct. 10. A Spencer hearing is an opportunity in Florida for Soto-Escalera’s lawyers to present additional evidence to Mirman before a sentence is entered.
Jurors on Sept. 19 found Soto-Escalera, 48, guilty of first-degree murder in the death of Tania Wise, 23, and guilty of first degree murder of an unborn child in connection with her baby’s death. Jurors voted 8-4 Sept. 25 that Soto-Escalera should be sentenced to death.
During the Oct. 6 hearing, Shari Schwartz, who said she has a PhD in psychology, testified via video conference for the defense about difficulties Soto-Escalera faced growing up.
She noted a number of biopsychosocial factors relevant to Soto-Escalera, such as adverse childhood experiences, his father leaving, being exposed to trauma, maternal neglect and alcohol abuse in the home and not consistent care giving. She also mentioned transgenerational trauma, or trauma passed down through generations.
Schwartz said Soto-Escalera’s mother was 14 when she met his father, and he was 20. They were in Connecticut and the mother became pregnant. They went to Puerto Rico where his father’s family lived and she had the baby there. The baby got dengue fever and died.
“If you ask Jose’s dad, he’ll say that the baby was just sick and passed away, but … from mom’s side he wouldn’t take her and the baby to the hospital, his family was not very helpful, and the baby died at home in her arms and by all accounts she was very, very different after that,” Schwartz said.
She later became pregnant with Soto-Escalera.
“Even though Jose was not yet born when his mother was a teenage mom, a very young teenage mom, and gave birth and then had the baby die at home, her trauma would pass down to him,” Schwartz said.
What happened?
Wise’s body was discovered Aug. 24, 2018 along Russo Road near Johnston Road, a largely rural area in northern St. Lucie County.
Soto-Escalera was arrested Sept. 21, 2018, following what then Sheriff Ken Mascara said was a complex case. At the time, Mascara said Soto-Escalera was married and his wife was unaware of Wise and the unborn child.
An autopsy found Wise’s cause of death to be a combination of blunt force trauma to the head and sharp force trauma to the neck, the latter of which described her throat being slit.
Soto-Escalera denied having sex with Wise and gave a DNA sample. However, DNA from the unborn child showed Soto-Escalera was the father.
A witness said Soto-Escalera gave Wise $500 for an abortion. The witness said she saw text messages between Wise and a former boyfriend indicating Wise gave the money to the former boyfriend instead of terminating the pregnancy.
Another witness told investigators that “Escalera had confided Wise was blackmailing Escalera over Wise’s pregnancy with Escalera,” the affidavit states.
‘At the 11th hour’
Soto-Escalera on Oct. 6 told Mirman he had a conflict with Thomas Burns, one of his defense attorneys, and wanted him removed.
“We’re at the 11th hour. This is probably even beyond that,” Mirman said. “Counsel has already done his job.”
Burns explained Soto-Escalera, who brought up a recording, was “proceeding in ignorance on the advice of ignorant people.”
Burns said Soto-Escalera was talking about a recording of “chit chat” between himself and Assistant State Attorney Donald Richardson, prosecutor on the case, about witnesses and other things “as counsels do between themselves waiting for a witness.”
“…I defy him or anyone else to point to any action or anything that I did or said at any point in the preparation of this case or in the trial or in the penalty phase … that was contrary to his interests,” Burns said. “It’s nonsense and bull crap and that’s what he’s on about judge, so he can feel however he wants, he’s an idiot, on this issue, at least.”
Mirman said that if Soto-Escalera feels Burns didn’t property litigate his case, there could be a proceeding, but said there would have to be “something of substance” for that to happen.
Richardson said the state asked that the court impose two death sentences.
Will Greenlee is a breaking news reporter for TCPalm. Follow Will on X @OffTheBeatTweet or reach him by phone at 772-267-7926. E-mail him at will.greenlee@tcpalm.com.
This article originally appeared on Treasure Coast Newspapers: Escalera, convicted of killing woman, unborn child, had hard childhood, psychologist says
Reporting by Will Greenlee, Treasure Coast Newspapers / Treasure Coast Newspapers
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