“Hola, what’s up?. . . “Si, mucho . . . “What’d she say?”. . .
“We just had dinner out.”. . . “El Charro”. . .Dile a papa sue amo. . . “Bye.” Lourdes wishes she’d strung out the conversation.
“What’d your mom want?”
“To talk more about Steve and Maricela.” They look at each other. “Time to open it. No point putting it off,” Lourdes says finally.
“I can’t, Lourdes. You do it.”
He hands Lourdes the envelope. She opens it slowly. Her fingers tremble. ‘We regret to inform you . . .’
THIRTY-TWO
Lourdes hopes the week will improve. Danny’s suicide hangs over her like a swarm of gnats.
Ron Reyes, Frank Viegas’ PO, has advised Lourdes he’s going to arrest Frank on the warrant she issued for his failure to appear at drug court. Once the warrant is issued, he doesn’t have to advise the judge of his intention, but the drug court operates like a team.
He’ll go to Frank Viegas’ residence first. Earlier this morning he had requested the drug court Surveillance Officer, CJ Marley, join him. “Check out your weapon, I’ve got mine.” Frank has no history of violence, but when someone’s high, and large, it pays to be careful. Ron knocks several times. No answer. He pushes on the door. It opens. “Frank, it’s Ron. You here, Frank?” He repeats it again and again.
“Bedroom,” Viegas slurs. Ron and CJ walk in carefully. A typical user’s house, dirty clothes, take-out food boxes and clutter. Frank sits on the bed, in a dirty tank top and gym shorts.
“Is Crystal here?” Ron asks.
“Think she left . . . not sure . . .she could be.”
“Marley, stay with Frank.” Ron looks around the small house. No one in the kitchen or living area. He sees another room. The door’s closed. Maybe a bedroom. “Crystal, you in there? You okay?” No answer. ”Crystal, it’s Ron from Probation.” He opens the door, finds Crystal lying on the bed, eyes closed. She’s dressed only in a t-shirt and underpants. Ron checks her pulse. Slow. Her breathing shallow. “Crystal, Crystal.”
“CJ, go get the narcan.” he shouts. “In my glove compartment. Handcuff Frank.”
“I already did.”
He’s back quickly. He opens the box and hands the spray to Ron. “Call 911, we need an ambulance.”
Ron holds Crystal by the shoulder. Skin and bones. He sprays the opioid antidote into her nose. Notices the bruises on her neck, chest and arms. No response. He tries again. No response. He’d never tried more than twice before. “CJ, should I keep trying?”
“Yeah, it can’t hurt. I heard some guy tried 10 times before it worked.”
The third time’s the charm. Crystal opens her eyes. “Crystal, do you know where you are?”
She looks around. “Umm, I’m at Frank’s.”
“Are you okay?”
Okay? She had almost overdosed and is covered with bruises, some old, some new. Okay? “I have a headache.”
“Did Frank do this?” Crystal says nothing. They ask her other questions but she remains silent. The ambulance arrives and the EMTs take over.
“CJ, you take the kitchen and living area. I’ll do the bedrooms.” Both have done scores of searches and in a few minutes find a small stash of pot, white powder, needles, and bottles of pills. “Probably coke and opiates.”
“Frank, I’m arresting you on a warrant for failure to appear at court, violating your probation by possessing illegal drugs and assault, domestic violence. I’m sure there will be additional charges. ”
“Aren’t you going to read me my rights?”
“Fuck no, you almost killed someone.”
CJ takes Frank to the jail to be booked. He’ll be held without bail until he has a hearing in front of Lourdes.
Later that day Ron fills in Lourdes as to what happened at Frank’s house.
“Did you really say,” she stutters, “F-uck no, you almost killed someone?”
“Yeah, I did. Probably shouldn’t have.”
“Good for you. Wish I could say that. How’s Crystal?”
“I sent CJ to the hospital to find out. He said Crystal will be okay, maybe a concussion and some contusions. The doc told him if we hadn’t gotten there when we did, and administered the narcan, Crystal might have died. They’re admitting her, want to check her out.”
“Well, since you saved her life, I guess I can’t scold you for skipping Miranda. The worst that will happen is they can’t use any admissions Frank made, if he made any.”
“No admissions. He couldn’t string a sentence together.”
“Honestly, I’m not concerned about Frank. Between us, I’ll be happy to send him to prison.”
After Ron leaves Lourdes can’t stop thinking about Crystal.
She thinks Jim Ronstadt, Crystal’s PO, will file yet another Petition to Revoke her Probation based on her using drugs. She’d also been ordered not to have any contact with Frank which is a second violation.
Lourdes hasn’t sentenced Crystal on the fifth Petition and soon she’ll have a sixth. Worse, Crystal will probably go back to Frank even if it’s against her probation. Unless he’s in prison.
Lourdes switches her concerns from Crystal to Molly. Lourdes has called and texted her several times. Molly has remained silent.
It’s 5:15 p.m. Becca and Mary have left. Lourdes likes to wait till 5:30 p.m. when the roads are less crowded. The phone rings. Ron from probation.
“Judge, I just got a call from the hospital. Crystal’s pregnant. They think about eight weeks.”
THIRTY-THREE
Lourdes’ mind is swirling. Danny’s suicide, Carlos’ failed appeal, Frank’s arrest, Molly acting weirdly, Crystal’s pregnancy. She hopes she won’t be ruling on an abortion for Crystal. As she thinks of the options open to Crystal she realizes she’s acting more like Crystal’s a friend than a Drug Court client. A judge is supposed to be neutral. But can’t you also care? And if Crystal wants an abortion the chances are some other judge will decide.
And what about Meghan? By now she would have had the procedure. She hopes Meghan doesn’t regret the abortion now or ever.
She clears her mind by perusing the file for this afternoon’s trial. Diana Baker is charged with Possession of Oxycodone. Diana was a passenger in her boyfriend’s car when the police stopped him on suspicion of aggressive driving and DUI. Diana was told to stay put while the police spoke with her boyfriend. But after a few minutes Diane got out of the car and screamed at the officers, “Leave him alone. He didn’t do shit. You’re a bunch of fucking pigs.” A female officer who had stopped to assist placed her in handcuffs. The officer did a pat search of Baker to see if she had any weapons and found a bottle of oxycodone in her bra.
The defense filed a motion contesting the officer’s right to search Diana. A previous judge ruled the officer had probable cause to search for weapons. Lourdes wasn’t sure she agreed, but it didn’t matter what she thought. She was stuck with the previous ruling. That’s how things work.
Lourdes was assigned the Baker case when the first judge had to hear an older case with an in-custody defendant. It takes precedence. Lourdes prefers to be the original judge on a case so she could make all the rulings, but she wouldn’t turn down a trial if she’s free.
At 1:30 p.m. Lourdes takes the bench. Both lawyers and the defendant are in the courtroom
“State ready to proceed?”
“Yes, Your Honor.”
“Defense ready?”
“Michael Levy for the accused, Diana Baker, present and out of custody. Defense is ready.”
“Becca, bring in our jury pool.”
Forty-five potential jurors. Nine will remain. One will be an alternate, chosen by lot at the end of the trial. Becca takes the elevator from the third floor to the first-floor jury assembly room. “All jurors assigned to Judge Velasquez f
ollow me.”
Forty-five follow her to the elevator. She tells them to get off on the third-floor, go to courtroom 372 which is on the right. It’s harder than it sounds. People get lost, go to the wrong floor or end up in wrong courtroom. Not to mention they can’t keep track of their two-digit number.
Once the jurors are seated Lourdes explains the schedule. “Ladies and gentlemen, the trial is expected to be completed by Thursday. You need to be here between 10 a.m. and 5 p.m. You will have, at least, an hour for lunch, a 15 minute break in the morning and afternoon. We won’t keep you later than 5.”
“Being a juror is a responsibility and a privilege. Our jury system is renowned around the world for fairness. Is there anyone in the group who needs to be excused?”
Over 20 hands go up. She’s shocked. The jurors had a month’s notice to try to opt out. If you’re over 70, or have documented medical problems you’ll be excused by the jury commissioner.
Lourdes realizes that jury duty is no longer seen as a civic duty, but something to weasel out of. Even if they tried to be excused, most jurors enjoy it and hope to be on another jury.
Lourdes excuses two women who are caregivers for their parents, a doctor who has surgery scheduled, and two people who work for minimum wage and can’t afford to serve. Juror’s wages won’t pay the rent. She refuses to excuse a woman who has a hair appointment or the man who doesn’t have a dog sitter.
The juror who told anyone who’d listen, “I’ll be excused. I have a high-stakes poker game this afternoon,” doesn’t even raise his hand.
She introduces the court staff, lawyers, defendant and then reads a list of witness names. “Anyone know any of these folks?” Four answer yes. Two know one of the police witnesses, one her bailiff and one the criminalist. Each person who answers yes has only a tenuous relationship with the person. “Is there any reason you can’t be fair?” No one answers yes. None of the lawyers wish to follow-up.
“The accused, Diana Baker, is charged with possession of a dangerous drug, oxycodone. Have you or any of your family members or close friends been addicted to drugs or alcohol?” Jurors who answer yes are brought up to the bench asked additional questions to determine if they can be fair. It’s done at the bench to avoid tainting the rest of the panel. Several are excused.
If one side wants a juror excused and the other doesn’t, Lourdes decides. If the lawyer still wants that juror excused, she can use one of her preemptory challenges. Each side gets a certain number of challenges they can use for any reason except to keep off a racial/ethnic minority.
“Have you, a close friend or family member worked in law enforcement, and if so, is there any reason you can’t be fair?” Two more are gone.
Some judges ask all the questions, but as Arizona law allows lawyers to question jurors, Lourdes gives them the floor after she’s done. The defense focuses on reasonable doubt, trying to get the jurors to understand it’s an extremely high burden, and getting each individual to agree to acquit if the state fails to prove its case.
The state asks if anyone wouldn’t feel comfortable passing judgment, and “Do you watch shows like CSI?” The prosecutor uses the CSI question to weed out jurors who expect the state to do every possible forensic test no matter how much other evidence they have or how expensive the test. “Sure the gun was in his hand, but did they check it for fingerprints?” Neither counsel asks inappropriate questions such as, “Who did you vote for, for President.” By 3:30 p.m. they have a jury. Six women, four of whom are Anglo, two Latina. Two men, one is Anglo, one African-American.
Lourdes is conflicted whether to call a black person, black or African-American in the courtroom. With Latinos, she’s more comfortable. Latino is the term of choice although some folks in Arizona, especially older ones, prefer Hispanic. She never wants to offend. At least she can pronounce Latino names correctly. One older judge mispronounces every Spanish/Mexican name even those of attorneys who appear in front of him regularly.
Both lawyers request court adjourn till tomorrow.
“Denied,” Lourdes rules. “This is a simple case of drug possession. Openings today. We won’t start evidence until tomorrow.” Lourdes smiles to herself. How many times had she requested a delay under these circumstances? How many times had she been angry at the judge who ruled against her? At least until another judge did something more egregious.
Opening statements take the rest of the day. Once she gets back to chambers she excuses both Mary and Becca till the next morning. She’s checking messages and signing letters when there’s a knock at the door.
“Hey, Ryan, come on in.”
After a few pleasantries, Ryan says, “Do you realize I’ve been the Drug Court clerk for over three years?”
“Good to know. You can probably answer my questions.”
“I wouldn’t say that, but I did want to tell you something.”
“Go ahead.” Damn the court clerk thinks I’m messing up.
“You are doing a great job. You have the touch. I’ve seen judges who are totally rude to the defendants and one, female, even flirted with the male defendants. No names.”
“Well, thank you, Ryan. Honestly, I’ve had my doubts if I’m the right one for this.”
“You are. I’ve been around the defendants enough to know whether they respect the judge, and most respect you. A few wouldn’t respect anyone.”
She looks down not knowing what to say.
“I could tell you were upset about the kid who committed suicide.”
“Of course.”
“Happens fairly often. One time we had four suicides in two weeks. Addicts overdose. Especially with the drugs they’re using now. Cocaine users blow out their noses, meth users lose their teeth, brain cells and sanity, but opioid users are always one step away from death one way or another. Suicide, overdose.”
“Sounds like you’re used to this.”
“I’m not very sympathetic to these people. They chose their lives. I didn’t get on Drug Court because of my attitude. It’s because I can handle the workload.”
“Would you like to get out of drug court?”
“No, I want to work here with you. I always liked having you in court when you were a PD. I’d like to be your JAA if Mary quits.”
Lourdes is flustered. Did he want a job?
“Judge, I didn’t come in here to talk about being a JAA. I wanted to tell you it’s not your fault when an addict commits suicide. You can’t take it personally or you won’t last.”
After Ryan left Lourdes felt a little better. The cloud of gnats started to scatter.
Lourdes is about to leave when she realizes she hadn’t finished checking her messages. Nothing of significance until the last one. Always the last one. “Anne Levy called. Didn’t say about what.”
The gnats start to regroup. She must have screwed up on Meghan’s case.
THIRTY FOUR
The week seems endless. She couldn’t reach Anne Levy last night. Obsessed over what she wanted. She doesn’t think Anne called to set-up a lunch date. Lourdes must have messed up something in Meghan’s case, but she can’t figure out what.
Becca and Mary sensing her mood, try to cheer her up. Mary brings cookies. Becca white roses from her garden. Lourdes remembers the time she brought Molly a flower to cheer her up. Molly thought it was from a male admirer. Good intentions. Unintended consequences.
Lourdes is getting used to having Carlos as a roommate and little else if he’s home at all. The good feelings from their dinner at El Charro evaporated as soon as he saw the letter denying his appeal. She tries to talk to him about it, but he refuses. She never knows for sure if Carlos will be there when she gets home. If he’s not there by dinner time, he usually spends the night out. When he is there, she feels like she’s living with a stranger.
Diana Baker’s trial moves along quickly. The prosecutor only calls tw
o witnesses: the female police officer and a chemist who works at the Tucson Police lab. The police officer testifies first.
(Q): How did you come in contact with Diana Baker?
(A): Officer Romeo had called for backup on a DUI investigation. Diana Baker, the girlfriend of the DUI suspect, had been requested to remain in the vehicle. When I arrived she had exited the vehicle and was screaming, “Leave him alone. He didn’t do shit. Fucking pigs.”
The chemist testifies the pills are Oxycodone. The defense attorney cross-examines both witnesses as best he can, but there’s little to argue over. In an hour, the state rests.
“Does the defense wish to call any witnesses?” Lourdes asks expecting the answer to be ‘no.’
“Defense calls Diana Baker.”
Surprise. Most clients make poor witnesses. On the other hand, Diana has no prior convictions to be cross-examined about and the case isn’t going well. They have little to lose.
Diana admits she possessed the pills which she’d “borrowed” from her mother. Apologizes for what she said to the cops. “I had this horrible toothache. My head was splitting. I didn’t have enough money to go to a dentist.”
Closing arguments are mercifully short. The prosecutor explains the charges and goes over the facts. Lets the jurors know it doesn’t matter how Diana got the drugs. The defense lawyer gives an impassioned plea that the statute wasn’t intended to punish people like Diana. It’s called jury nullification and it’s an inadmissible argument. The lawyer has to be very careful in his wording. Close to the line but not over. “Diana isn’t a drug dealer, she borrowed some meds from her mom and shouldn’t be punished for this behavior.”
Closing arguments finish at 11:50 a.m. Lourdes excuses the jury for lunch. “Be back at 1:15 to begin deliberations.”
Even though she has no stake in the outcome, her stomach has butterflies. She flashes back to waiting for jury verdicts. No matter how good the evidence comes in for your side, you’re never sure you’ll win. And sometimes you don’t.
Behind the Robe Page 16
