Mom who hit daughter with bat sentenced
A Lehighton woman who pleaded guilty to assaulting her daughter with a baseball bat and skipped two court dates was sentenced Tuesday to a state prison term.
Judge Steven R. Serfass rejected a request to place Christine Mertz, 40, on probation on a charge of simple assault, saying the court had to consider what occurred in the incident.Mertz was given a six- to 24-month term in a state correctional institution that began immediately, as Serfass denied the defendant's request to delay the start of the sentence so she could get her affairs in order.Mertz failed to appear for her sentencing proceeding on Monday. Serfass issued a bench warrant for her arrest. About noon on Monday she contacted her public defender, attorney Jennifer Rapa. Rapa told her to report to the sheriff's office Tuesday morning. When she did she was immediately taken into custody on the warrant.She told Serfass she had set an alarm to get up for her Monday appearance on her cellphone, but it failed to go off and she overslept.Mertz also missed a hearing on a petition she filed to withdraw her guilty plea in March. Mertz said she misunderstood and thought that proceeding was Monday at her sentencing. Serfass dismissed the petition when she failed to appear.On Tuesday morning Serfass conducted a bench warrant hearing for Mertz. He reset bail at $5,000 percentage, which meant Mertz had to come up with $500 cash to be released. She did not have the money, and Serfass ordered she be taken into custody of the sheriff. He ordered Mertz be held in the holding cell at the courthouse until the afternoon session of his court when he would then conduct a sentencing proceeding.Mahoning Township police charged Mertz after they were called to the Mertz home at 111C Jamestown St. on April 27, 2014.Mertz's daughter told officers that she was struck by a wooden baseball bat by her mother.The police report stated that the girl was struck twice, once on the right arm and once on the right leg.The girl said her mother struck her because she had caused the toilet to malfunction.The police also said the girl claimed she was bitten by her mother two times and that she was punched with a closed fist about 10 times.The girl was not seriously injured.Rapa told Serfass that Mertz disputes a lot of what the daughter said happened. She said Mertz has given up her custody rights to the girl. The girl is in foster care in Schuylkill County.Rapa also said the county children and youth office has closed the investigation of the case.Rapa said Mertz is bipolar and is receiving counseling.Mertz told Serfass, "I take it day by day. I'm trying to get better."Serfass said he understood what Rapa and Mertz had said and that the children and youth officer has closed his case in the matter, but he said he had to consider what occurred.He said Mertz, in pleading guilty, admitted to the facts as contained in the police investigation report. He added, "This is a serious matter."The court also noted a history of drug abuse by Mertz.In addition to the jail term, Serfass ordered Mertz to get both mental health and drug and alcohol evaluations and follow any recommendations for treatment, pay court costs of about $1,000, and imposed zero tolerance for D&A use.