THE COURT: Any objection?
MS. TAYLOR: No, Your Honor.
THE COURT: Proceed.
MS. DE LEON: These are all the questions I have for this witness, your honor.
THE COURT: Ms. Taylor?
MS. TAYLOR: Your Honor, may I approach the witness?
THE COURT: Yes.
MS. TAYLOR: Ari, I’m showing you what’s been marked as Exhibit C. This is a drawing of a neck, with a knife against it. Are you in this picture?
THE COURT: Ms. Taylor, he cannot speak verbally, and the court cannot record his head movements. There is no way to record this as evidence.
MS. TAYLOR: May I have a moment to consult with a witness?
THE COURT: Yes.
MS. TAYLOR: Ari, is there someone in this courtroom who is in the picture that has been marked as Exhibit C, and if so, can you point to that person?
MS. TAYLOR: Your honor, I would like for the record to reflect that the juvenile has pointed to his brother, Phoenix Flores Flores, who will be the next witness.
THE COURT: Let the record reflect.
MS. TAYLOR: I don’t have any additional questions, Your Honor.
THE COURT: Okay, you can step down. Call your next witness, Ms. de Leon.
(Whereupon the witness took the stand.)
MS. DE LEON: Will you please raise your right hand?
THE WITNESS: (complying.)
WHEREUPON, Phoenix Flores Flores was called as a witness, and having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION:
BY MS. DE LEON:
Q. Will you please state your full, true, and correct name for the record?
A. Phoenix Flores Flores.
MS. DE LEON: Your Honor, the witness will not need an interpreter. He speaks English fluently.
THE COURT: Where did you learn to speak English, Mr. Flores?
WITNESS: In El Salvador, sir. I worked with missionaries.
THE COURT: Missionaries?
WITNESS: Yes, sir. American missionary groups came to San Salvador, to build things. I helped them. And I was able to go to bilingual schools.
THE COURT: You speak perfect English. Did you go to college in El Salvador?
WITNESS: Yes, sir. I started university, but then we had to leave because of my brother, because of the trouble. I’d like to go back to university, but I’m not sure I’ll be able to.
THE COURT: Okay, proceed with your questioning, Ms. de Leon.
Q. Mr. Flores Flores, where do you presently reside?
A. At 3422 Ivywood Circle in Atlanta, Georgia.
Q. Is that your permanent residence?
A. No, ma’am.
Q. And what is the address of your permanent residence?
A. I don’t have a permanent residence. I mean, not right now. My brother and I are from Ilopango, in the region of San Salvador, El Salvador.
Q. And when did you leave your home?
A. On September sixteenth of last year.
Q. Why did you and your brother decide to leave Ilopango?
A. My brother was being recruited to join a gang and he resisted.
Q. Can you explain what you mean by resisted?
A. They stopped my brother on the way home from school every day, and they harassed him when he said he would not join them.
Q. When did this start?
A. I’m not sure exactly. I was living at the university. I believe it was in August of last year.
THE COURT: Isn’t this hearsay?
MS. DE LEON: We can strike it.
Q. Mr. Flores Flores, did you ever observe your brother being harassed?
A. Yes. I returned to Ilopango because a friend told me that my brother had been beat up. I worried that the gang had jumped him in. Do you know what that is?
Q. Can you explain for the court please?
A. It’s how new members are brought into a particular group of a gang. They circle around the new member and they beat him up.
Q. And did this happen to your brother?
A. No, he resisted them. Which is a good thing, because I would have killed him myself if he let them jump him in.
MS. DE LEON: I believe Mr. Flores is using a figure of speech, Your Honor. I’d like to ask that you strike that last comment from the record.
THE COURT: Mr. Flores, would you kill your brother?
A. No, sir. I meant that I would be very mad at him.
THE COURT: I understand. Strike it.
Q. Mr. Flores, how do you know that these people are members of a gang?
A. Everyone knows. But they have tattoos that mark them as members of a gang. Each gang uses a different tattoo.
Q. And why did you decide to leave Ilopango, Mr. Flores, after this incident?
A. Because I took my brother away from them, and then the leader of the gang made an announcement. It’s called a green light. He said that my brother and I should be killed.
Q. Did you hear this announcement, Mr. Flores?
A. Yes, ma’am.
Q. Did your brother hear this announcement?
A. Yes, ma’am.
Q. And when did this happen, Mr. Flores?
A. On September sixteenth of last year.
Q. Was this the day that you left to come to the United States?
A. Yes, ma’am.
Q. And when did you and your brother arrive in the United States, Mr. Flores?
A. Four months later, on January twelfth of this year.
Q. Where were you during those four months?
A. We traveled through Guatemala. We were there for about three days. The rest of the time we were in Mexico.
Q. Did you decide to live in Mexico?
A. No, ma’am. It was a very difficult trip.
Q. Okay, thank you. If your brother were to return to El Salvador, would he have family members there who could take care of him?
A. I don’t know.
Q. Can you explain, please?
A. My brother and I do not have any family members living currently in El Salvador who can take care of him. He will not be safe if he returns to El Salvador. If I go back to El Salvador, it will not be safe for my brother to be with me.
MS. DE LEON: Your honor, I am handing the witness what has previously been marked and submitted as Exhibit A. Mr. Flores, do you recognize anything that has been depicted in Exhibit A?
A. Yes, ma’am.
Q. Can you describe what you see?
A. This is our grandmother’s neighborhood in Ilopango. We lived with her until my brother was seven. There were floods, and the house was destroyed in a mudslide. Our grandmother was killed.
MS. DE LEON: Your honor, I am handing the witness what has previously been marked and submitted as Exhibit B. Mr. Flores, do you recognize anything that has been depicted in Exhibit B?
A. Yes, ma’am. Should I explain it?
Q. Yes, please explain what you see.
A. I had to leave Ilopango to work in the city. As I explained, I worked with the missionaries. I met my brother every week and gave him money. We met outside of the Walmart in the commercial district because it was safe.
THE COURT: Excuse me, son? Did you say you met at the Walmart because it was safe?
A. Yes, sir. The American stores have a lot of security guards, so they are safer than our town.
THE COURT: Son, is this your hand in Exhibit B?
A. Yes, I believe so. I am giving money to my brother in the picture. We met at Walmart because it wasn’t safe for me to go to our town, because of the gangs. So I met him there and gave him money.
Q. Where did your brother live after the death of your grandmother, when you were working in a different town?
A. With my grandmother’s friends. He moved around some, but he always had what he needed because I gave him money.
Q. So were the friends able to provide for him financially?
A. No, ma’am. But they gave him a safe place to sleep. And I sent them money so that they could
feed him.
Q. How many friends did your brother live with, from the time that your grandmother died until the time you left El Salvador?
A. Three different friends.
Q. Where are your parents, Mr. Flores?
A. I don’t know. We don’t know who our fathers are, and our mother left after Ari was born.
Q. Where did she go?
A. To Phoenix, Arizona. She worked as a live-in nanny. But then she disappeared.
Q. When did she disappear?
A. Ten years ago. I was eight years old when she stopped sending money to my grandmother.
MS. DE LEON: Your honor, I am handing the witness what has previously been marked and submitted as Exhibit C. Mr. Flores, do you recognize anything that has been depicted in Exhibit C?
A. Yes, ma’am.
Q. Can you describe what you see?
A. As I said, the members of a gang in our neighborhood threatened to kill me and Ari after he said he wouldn’t join. This is a picture of one of them, holding a knife to my neck.
THE COURT: Your neck? Did this actually happen?
A. Yes, sir. And then we ran. I have the scar, sir, I mean, if you would like to see it.
(Pause.)
THE COURT: Let the record reflect that the witness has revealed a scar on the lower right side of his neck.
MS. DE LEON: Your Honor, I am handing the witness what has previously been marked and submitted as Exhibit D. Mr. Flores, do you recognize anything that has been depicted in Exhibit D.
A. Yes, ma’am. I think so.
Q. Can you describe what you see?
A. I think that’s supposed to be la Bestia. It’s the train we rode on top of most of the way through Mexico. I mean, the drawing doesn’t look exactly the same as la Bestia. The engine is different, and there’s not a cross on it or anything, but I think that’s why Ari drew a train. And the cross, I guess it’s because, uh—
(Pause.)
Q. Because?
A. People died on that train. I mean, uh, we saw it.
Q. You saw people fall off of the train and die?
A. Yes, ma’am.
Q. Why did it take you so long to travel through Mexico by train?
A. We were kidnapped.
Q. Where were you kidnapped?
A. I’m not sure exactly where we were. Bandits took us from the train and made us work for them. We were like slaves.
Q. What kind of work did you do?
A. We picked flowers.
THE COURT: Excuse me. Did you say you picked flowers?
A. Yes, sir. I think maybe they were for drugs. We had to pick them all day and some of the night, even in the dark. There were a bunch of us, from Central America.
Q. Did you get paid for this work?
A. No, ma’am.
Q. Why did you stay?
A. Because they had guns, and they used them. There were guards who watched us all the time. One night, after almost three months, they got very drunk, or maybe high on drugs, and we ran away. Then we walked and caught rides to the border. We were afraid to get back on the train.
Q. Did they give you drugs? Is that why you stayed for such a long time?
A. No, ma’am. We stayed because of the guns. I don’t use drugs. And my little brother is only twelve. Even if he wanted to use drugs, I would never let him.
Q. Did you and your brother sell drugs?
A. No, ma’am. We never saw any drugs. All we saw were the little red flowers we picked. That’s all.
MS. DE LEON: Your Honor, I am handing the witness what has previously been marked and submitted as Exhibit E. Mr. Flores, do you recognize anything that has been depicted in Exhibit E?
A. Yes, ma’am.
Q. Can you describe what you see?
(Pause.)
Q. Mr. Flores, can you describe what you see in Exhibit E?
A. No, ma’am. I’d prefer not to describe it, please.
Q. Can you tell us anything about Exhibit E, Mr. Flores?
(Pause.)
Q. Mr. Flores, can you tell us anything about Exhibit E?
A. I’m not sure it’s relevant, ma’am.
Q. We will let the court decide that, Mr. Flores. Please tell us what you see in Exhibit E.
A. It’s a picture of a room where my brother went, with two girls. We worked with them picking flowers. They were from Honduras. They were young. He watched them—
(Pause.)
Q. He watched them do what, exactly?
A. He hid there because, uh, the men came and he watched them, uh, he watched the men (pause) hurt our friends, and when we ran away from that place, we took those girls with us.
Q. Mr. Flores, I know this is difficult, but when you say “hurt,” do you mean sexually assault?
(Pause.)
THE COURT: Mr. Flores, do you need a recess? Bailiff, get Mr. Flores some water.
(Pause.)
THE COURT: Can you proceed?
(Pause.)
THE COURT: Mr. Flores, can you proceed?
A. Yes.
THE COURT: Ms. de Leon, please restate your question.
Q. Mr. Flores, when you say your brother saw the girls get “hurt,” do you mean he saw them being sexually assaulted?
A. Yes.
Q. Were you also a witness to this?
A. No. (Pause.) I came into the room when it was done. Their clothes were torn off. Graciela was bleeding so much.
Q. The girl from Honduras, her name was Graciela, Mr. Flores?
A. Yes. The other girl is named América. They are from Honduras. (Pause.) I’m sorry. You know that already.
Q. And your brother was there?
A. Yes, ma’am. He was in the corner behind that chest when I came into the room. I mean, the one in the picture. He was, uh, he was trying to hide. He was scared, I mean, so scared, and the girls, I mean, uh (pause).
Q. Where are those girls now, Mr. Flores?
A. I don’t know. We lost them when we got to the border. Can we stop? I would like to stop, please.
MS. DE LEON: We are almost finished, Mr. Flores. Can you continue?
(Pause.)
MS. DE LEON: Mr. Flores. Are you able to continue?
A. Yes, I can continue.
MS. DE LEON: Your honor, I am handing the witness what has previously been marked and submitted as Exhibit F. Mr. Flores, do you recognize anything that has been depicted in Exhibit F?
A. Yes, ma’am.
Q. Can you describe what you see?
A. This is a graveyard in Ilopango.
Q. And why do you believe that your brother drew this graveyard?
A. Because my brother believes we will die if we go back to El Salvador.
Q. Do you believe that, Mr. Flores?
A. Yes, ma’am. I do.
MS. DE LEON: Your Honor, I am handing the witness what has previously been marked and submitted as Exhibit G. Mr. Flores, do you recognize anything that has been depicted in Exhibit G?
A. Yes, ma’am.
Q. Can you describe what you see?
A. I believe this is Ari. He’s swimming in the ocean. He likes to ride the waves. And I think there is a school behind that big wave. I think he’s saying that if he stays here, he would want to be able to go to school and swim in the ocean. He would like that.
MS. DE LEON: Thank you, Mr. Flores, I have no further questions.
THE COURT: Ms. Taylor?
MS. TAYLOR: I don’t have any additional questions, Your Honor.
THE COURT: Mr. Flores, how old are you?
WITNESS: I’m eighteen, sir.
THE COURT: You are an adult, so why are you not seeking custody of your brother?
WITNESS: I can’t, Your Honor.
THE COURT: Because you’re an illegal?
WITNESS: No, sir, I am not an illegal. I am an asylum seeker, but my asylum claim was denied, and I have an order of deportation.
THE COURT: Is there nothing that can be done, Ms. de Leon?
MS. DE LEON: His only
avenue is appeal, but he knows his chances of being granted asylum on appeal are very slim. He wants to ensure that Ari is safe here in the United States before he is made to leave.
THE COURT: I’m sorry to hear that, Mr. Flores.
WITNESS: Thank you, sir. So am I.
THE COURT: You can step down, son.
WITNESS: Thank you, sir.
THE COURT: Anything else?
MS. DE LEON: No, Your Honor.
MS. TAYLOR: No, Your Honor.
THE COURT: This proceeding has been unusual, but I think you’ve presented sufficient evidence. I’m going to find that the juvenile is a deprived and abandoned child. Please prepare an order for my signature.
MS. DE LEON: Thank you, Your Honor.
MS. TAYLOR: Thank you so much, Your Honor.
THE COURT: All right. All right, then. Good luck.
MS. DE LEON: Thank you.
THE COURT: Good luck, Mr. Flores.
WITNESS: Thank you, sir. And thank you for helping my little brother.
(Proceedings concluded.)
CHAPTER THIRTY
PHOENIX
SHE IS SO BEAUTIFUL.
I know I’m probably not supposed to be thinking about this right now, but I am. It’s sort of all I can think about. Maybe because I can’t deal with all the other stuff anymore. And I don’t have to.
It’s done.
She props her elbow on the table, at the edge of her half-empty plate of pasta. She leans forward and runs her fingers through her hair, then catches a handful of it, tugging gently. She’s looking at Sally, talking about I-don’t-know-what, and I’m watching the curve of her neck, the angle of her jaw, her skin.
I need to touch her. I need to feel her, firm and soft against me.
I lean back a little in my chair and stretch out, below the table, until I feel it—my leg pressed against hers.
There. Better now.
She glances over at me and smiles. She doesn’t move her leg. She lets me touch her in this way—so simple and innocent, like a mistake, like a misplaced body part that should be quickly readjusted. But it’s not a mistake, and I’m sure she knows it. Because she’s Gretchen, holding me here with her touch. Her presence—real and steady—is maybe the only thing keeping me in this place.
It’s definitely not the food that’s keeping me here.
Apple-something. That’s the name of this restaurant. I can’t remember exactly. The food kinda sucks. It’s expensive, too. Thirteen dollars for a bowl of macaroni with a little strip of chicken on top. I tried to order fries and a cup of soup, but Sally wouldn’t let me.
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