State of Kansas v. Meradro Garza, Jr.

On June 24, 2007, an 8-yearold girl known as M.G. told her mother that her father 37-year-old Merardo Garza, Jr., molestered her the night before at the family's home in Wichita.



Garza and his wife, Amy, have four children, including the child victim, M.G.

Garza also has two stepdaughters, X.S., who was 13 years old, and A.C., who was 11

years old. They lived with Garza. The incident giving rise to this case occurred on a

Saturday evening after M.G. and other family members returned home from visiting

relatives after midnight.



M.G. testified she lay down on the living room floor to go to sleep. Garza was

lying on the couch. M.G. testified Garza lay beside her, "put his fingers in [her] vagina

and like wiggled them." She took his hand out of her pants two times, and then he rubbed

her bottom on the outside of her pants. The next day, M.G. told her stepsisters. Then, she

told her mother. Her mother took her to the hospital for an evaluation, and the incident

was reported to police.



Garza's daughter repeated her story to health care providers when Any Garza had her examined.



M. testified at trial that her father had abused her.



Garza testified in his own defense and denied harming her daughter.



Garza's defense theory was that Amy forced M.G. to make a false accusation. He

relied on testimony from one of his other daughters, who testified Garza and Amy had

previously fought and that Amy went to jail. The daughter also testified Amy had said

she would lie to put Garza in jail. Garza testified he caught Amy communicating with

other men on the Internet. He also testified M.G. was supposed to go to Kansas City with

her uncle the night of the incident, but Amy did not let her go.



After the conviction of her father for sexually molesting her, M.G. told several people that he had not molestered her and it was really a dream.

In 2008, a jury convicted Merado Garza, Jr. of aggravated indecent liberties with a minor child under the age of 18. He was sentenced to a mandatory 25 years in prison.



His conviction was affirmed on appeal on July 30, 2010.



At an evidentiary hearing on November 6, 2020, M.G., D.G., and J.G. all testified. Each described the abuse from X.S. and M. said she was sorry for falsely accusing her father.



The conviction was vacated on November 6, 2020, with a finding that the recantation and the testimony of D. and J. were credible. Garza was released from prison on December 23, 2020.



The Sedgwick County District Attorney's Office dismissed the remaining charge on January 25, 2021.



Judge Rundle granted the certificate on January 20, 2022, and also awarded Garza $877,589 in compensation, based on the state’s formula of $65,000 per year of wrongful imprisonment. The ruling also awarded Garza health benefits and the waiver of tuition and fees for post-secondary education.



On October 21, 2021, Garza filed a petition in Sedgwick County District Court seeking a certificate of innocence.



On January 20, 2022, Garza was awarded $877,589 in compensation, based on the State of Kansas formula of $65,000 per year for wrongful imprisonment. He was also awarded health benefits and a waiver of tuition and fees for post-secondary education.



Garza was incarcerated for 13 years for a crime he did not commit based on the testimony of an 8-year-old child.