Melissa Mendoza’s mother wants Daniel Roberts to pay for killing her daughter. Roberts admits shooting Mendoza to death last August at his Sabattus home.
Mary Mireles has denied claims made by Roberts in a lawsuit filed last week seeking compensation from Mireles and another of her daughters for emotional distress. Mireles also filed a counterclaim seeking compensation for her own emotional distress allegedly caused by Roberts.
Roberts, 35, says he shot Mendoza, 29, in self defense and in defense of a third party, the couple’s 2-year-old daughter Savannah.
Savannah is at the center of an ongoing custody dispute that continues the contentiousness that led up to Mendoza’s slaying.
An Androscoggin County grand jury indicted Roberts on a single count of murder in December. He’s been held at the county jail since his arrest after the indictment. A judge refused to grant Roberts bail after a multi-day hearing where many of the details surrounding the shooting were aired publicly for the first time.
Roberts’ lawyer, Leonard Sharon, is appealing the decision to deny bail.
No trial date for the murder charge has been set.
Last week, Sharon, of Auburn, filed civil lawsuits against Mireles of Tustin, Calif., and Tanya Mendoza of Irvine, Calif. Tanya Mendoza is Melissa’s sister.
In the suit, Roberts claims the women aided Melissa Mendoza in illegally removing Savannah from Maine at a time when Roberts had custody of the child. Roberts and Mendoza shared joint custody. Each had the girl for six months at a time.
On Monday, Mireles’ Maine lawyer, Evan Smith of Freeport, said she has denied Roberts allegations in his emotional distress lawsuit and filed the counterclaim seeking compensation from Roberts.
“Frankly,” said Smith, “I was appalled” to learn of Roberts’ suit. “Can you imagine what Ms. Mireles is facing, getting up each day knowing she’s lost her daughter?”
Smith specializes in family law and some criminal cases. He’s representing Mireles’ interest primarily in her granddaughter.
Just as Roberts and Mendoza were locked in a bitter custody dispute over Savannah, that brouhaha now has embroiled Mireles and Roberts’ father Charlie Roberts.
The state Department of Health and Human Services has taken Savannah into its custody temporarily. The state Attorney General’s Office, which is prosecuting Roberts on the murder charge, also is representing DHHS in the custody matter.
Charlie Roberts said last month that the child belongs in Maine where she can be close to her father. He noted that he hasn’t been convicted of any crime.
Smith said a judge hearing the custody case has put a gag order on lawyers in the case, preventing him from discussing it further.
Smith said Tanya Mendoza is in the process of hiring an attorney to defend her against Roberts’ claims. She been granted an extension of time to file her response to Roberts’ lawsuit.
Sharon’s office said he was in Portland on Monday and couldn’t be reached. He didn’t immediately return a message left on his cell phone.
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