Dayana Medina-Flores is appealing her 65-year prison sentence for the murder of her stepson.
Medina-Flores’s lawyer argues that the 65-year maximum sentence is an abuse of discretion as Monroe Circuit Judge Christine Talley Haseman failed to weigh mitigating factors in her sentencing.
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The appeal lists five factors as ones that should have been considered, including lack of criminal history and acceptance of guilt – two mitigators that “should have been afforded substantial weight.”
The appeal also noted Medina-Flores’s history of abuse at the hands of her husband and co-defendant, Luis Posso, and her lack of legal status, which created a power imbalance in the relationship.
“[Medina-Flores] stated that she fed [Eduardo Posso] one night and was punished by Luis for doing that,” the appeal reads. “She feared for her safety and her children’s safety if she did not participate.”
“[Her] ‘participation’ in this crime could be analogous to Patty Hearst robbing banks in the 1970’s or a woman suffering from Battered Spouse Syndrome,” it continues.
In May 2019, 12-year-old Eduardo Posso arrived unconscious and emaciated at IU Health Bloomington Hospital and died shortly after. Upon questioning, Medina-Flores and her husband Luis Posso, the child’s father, were arrested and charged with murder. Police found restraints, a shock collar and camera system at their Bloomington motel room, in addition to incriminating evidence on their cell phones.
Medina-Flores pleaded guilty to a charge of murder last July.
Her husband won an appeal last year that ruled some of the evidence used against him must be suppressed, as he had not been advised of his state constitutional right to counsel. According to online court records, he awaits a jury trial.
