details from Mendez.

Mendez explained that Z.M. was fussy that evening and he had tried a number of

techniques to soothe and console him, without success. Mendez told Campos

that he had been frustrated and overwhelmed, that he had pushed the Rock ‘n

Play harder than he intended to, and that Z.M.’s head hit a plastic piece on the

Rock ‘n Play two or three times2 before Z.M. eventually flew out of it and landed

on his head about two feet away. After the interview, Campos visited the

Mendez home and made a video of Mendez demonstrating how he pushed the

Rock ‘n Play on the night Z.M. was injured.

        Mendez spoke with Kaisha on the telephone after the interview with

Campos and Bouzek. He told her that Z.M. hadwhich might not be revealed until Z.M. was school-age.

       Mendez testified in his defense. He explained that on the evening of

December 30, he was feeling “really overwhelmed [and] a little bit of frustration,”

because he could not calm or soothe Z.M. In his frustration, he pushed the Rock

‘n Play more aggressively than he had intended. Mendez pointed to the “little

plastic part on the part of the leg” of the device, and testified that this part got

caught on the carpet, which caused it to flip over. He said that he had never

intentionally hurt his children and that he had not intended to hurt Z.M. He stated

that he did not tell Kaisha what happened because he did not want to seem like a

bad father.

 