The Advocate's Ex Parte (The Advocate Series Book 5)

by Teresa Burrell

  “That’s just the thing. I considered letting someone else take over if we lost the 702 hearing, but that’s before I was convinced he did it. Now that I know, I don’t feel right about it. I’ve never let someone go just because I knew they were guilty. That’s not why I represent these kids. And now I don’t know which would be worse: to represent him and maybe win, only to have him kill somebody else, or drop him as my client, knowing that it goes against everything I believe in.”

  Bob put his arm around her. “I’m sorry, snookums.”

  Chapter 37

  The Martinez Case

  Children: Ray, age 2 (M), Falicia, age 5 (F), Jesse (Jesus), age 7 (M)

  Parents: Father—Gilberto Martinez, Mother—Juanita Martinez

  Issues: Abuse, Domestic Violence

  Facts: Mother beat the father with a lamp in front of the children. Alcohol abuse by both parents.

  JP only had a few hours before the Martinez trial and Sabre needed answers. She needed to be convinced that Juanita was not involved in the death of Judge Mitchell or she couldn’t comfortably encourage the reunification of her with her children. JP had already established that Reyna Garcia had no other vehicles registered in his or her name, whatever she was. He had spoken to some of Reyna’s neighbors and determined that Reyna wanted to have a sex change, but couldn’t afford the surgery, and that she always dressed in women’s clothes.

  With a photograph of Reyna and her car, JP went back to Juanita’s next-door neighbor, the old Mexican-American woman with whom he had spoken before. He knocked and she recognized him the moment she opened it.

  “How is Jesse doing?” she asked. “And the other children?”

  “Very well. They seem real happy with their aunt.”

  “Good. I wish I would’ve known you were coming a little sooner; I would’ve baked them some cookies for you to take to them.”

  “I apologize. I had to do this at the last minute.” JP handed her the photo of Reyna. Do you recognize this wom…person?”

  “Yes, that’s the woman I told you about who came here with Juanita.”

  “Was anyone else with Juanita?”

  “No, this woman came twice. Once she went in; the other time she started up the walk and then turned around. Those are the only times Juanita has been here since they took the kids.”

  JP showed the woman a picture of Reyna’s car. “Is this the car she was driving?”

  The woman shook her head. “I don’t know. It could be, but I’m not sure. I didn’t see it that well.”

  JP thanked her and went across the street to see Patricia, whom he had talked to before as well.

  “Have you seen Juanita since we last spoke?” JP asked.

  “No. I just saw her that Tuesday evening that I told you about.”

  “What time was that again?”

  “It was around six o’clock when I saw her leave, a little before, maybe. I don’t know exactly.”

  “And she left in a car, right?”

  “Right.”

  JP handed her both photos with the car on top. “Is this the car?”

  “Yes,” she said without any hesitation. “That’s the car.” She shuffled the photos. “And that’s the woman who was driving the car.”

  From there, JP drove over to the drug facility where Juanita had gone when she finished her conjugal visit with Gilberto at their home that Tuesday afternoon. After questioning several people, he discovered a clerk in the thrift store next door who had just arrived for work that Tuesday evening when Juanita was returning. He looked to be about forty, his eyes were somewhat droopy, and his forehead was a little large. His speech patterns were slow, but he seemed to understand everything that JP asked and he answered coherently.

  JP gave him the date again and asked him if he was certain he was there that night.

  “Oh, yes,” the man said. “It was my first night working.”

  JP took out the two photos: the one of Reyna and the one of the car. Then he opened his file and turned to a photo of Juanita. “Did you see this car or either of these two people that night?”

  “Oh, yes. They were here.”

  “Do you know what time it was?”

  “Six o'clock.”

  “You’re sure about that?”

  “Oh, yes. I started work at six.” He pointed at the photo. “Before I went inside, this car drove up. Right in front of the store.”

  “Did you talk to them?”

  The man pointed to the photo of Juanita. “That woman went inside…there.” He pointed to the building next door.

  “And the other woman? Did she get out?”

  “Oh, no. But I could see she was real pretty. She said ‘hello.’ And then I said ‘hello.’ And then she left.”

  ***

  Sabre and JP walked upstairs in the juvenile courthouse and took a seat in the hallway on a bench near the wall. There were few places that afforded any privacy for the attorneys to talk with their clients or witnesses, especially if they chose to sit down. The choices consisted of a bench in a corner of the hallway across from one of the courtrooms, outside along the side of the building on a vacant planter, or upstairs in the massive hallway before it filled with other attorneys trying to do the same thing.

  “You look upset. Is something wrong?” JP asked.

  Sabre sighed and took a deep breath. “I just came from the high school Matt Durham attended, more specifically, from the Coach Arviso’s office. The girl that works there, Tracie Rodrigues, told me that Matt was in her office and then in the coach’s office the day after Hannah and Mason were killed.” Her face reddened as she spoke.

  “So?”

  “So, the form for his missing baseball bat wasn’t in the file before the murders. Matt didn’t file it after the Poway game like he said he did.”

  JP nodded his head one time. “Uh…huh.”

  Sabre stood up and her voice rose. “That’s all you have, ‘uh…huh.’ JP, he killed those kids and then filed the form for his missing bat to pin it on Darren.”

  “I already knew he killed those kids. You already knew he killed those kids. Why is this bothering you so much now?”

  Sabre snapped at him. “Dammit, JP, you sound just like Bob.” She sat back down. After a few seconds, she sighed. “I’m sorry. Please tell me you found out something definitive on Martinez. I need to know if Juanita was involved in the death of Judge Mitchell. It makes a big difference on how I proceed on the trial this afternoon.”

  “I don’t think she had anything to do with it. I’m pretty certain she was with her friend Reyna. And the car they were in did not have any recent damage.”

  “Pretty certain?”

  “As much as I can be. Some of the witnesses are a little shaky, but there are enough of them to corroborate the facts. I’m convinced she didn’t have anything to do with the judge’s death.”

  “Alright, I’m trusting your judgment. Let’s do this.”

  They walked downstairs to Department One. There was still not a permanent judge in Department Three, Judge Mitchell’s courtroom, so Judge Hekman agreed to hear the trial. Juanita, Gilberto, and the maternal aunt, Nora, were all outside the courtroom. The children were upstairs with the social worker awaiting their time to testify. Sabre had talked to them earlier and tried to alleviate some of their fears of appearing in court. She didn’t feel all that successful.

  JP waited with the other witnesses and Sabre went inside the courtroom. County Counsel Elsa Norbeck sat at the table with Bob, the mother’s attorney. Sabre was glad to see Elsa on the case. Elsa was no pushover, she was always reasonable, and Sabre liked her. Elsa and Sabre had started practicing at juvenile court about the same time. They were both members of a panel of attorneys who were qualified to accept cases appointed by the court. All of the attorneys on the panel were in private practice and worked independently, so they often found themselves working together on one case and fighting each other on the next. After a few years, Elsa applied for a job with County
Counsel. Sabre remained on the panel. But Elsa never forgot what it was like to represent the parents or the children, even though she now sat on the other side of the table.

  “I think we’re all here,” Elsa said.

  “No, Wags just left,” Bob said. Wags was the affectionate term Bob used for Richard A. Wagner, the attorney for Mr. Martinez. “We need him, unless you just want to give these kids back to this lovely couple and we can all go home?”

  “Yeah, like that’s gonna happen,” Elsa said.

  Mike McCormick, the bailiff, stood up from his post. “I’ll get him.”

  Elsa turned to face Bob. “Seriously, Bob, can this be settled?”

  “Let me see. You want to take jurisdiction, place the kids with the maternal aunt, and have limited supervised visitation with the parents. The parents want no jurisdiction, the kids returned, and DSS out of their hair. Nope, we don’t sound very close.” Bob smiled. “But with you two reasonable attorneys on the case,” he glanced from Elsa to Sabre, “yeah, maybe, but we also need Wags here.”

  Sabre walked over and sat down next to Elsa who said, “The social worker says the mom has checked into a residential drug treatment program. They offer all the programs she needs, including anger management and therapy.”

  “What about the dad and his drinking problem?” Sabre asked.

  “He’s attending AA meetings, but he just started.”

  “So, what do you think the social worker will settle for?”

  “Well, we have to take jurisdiction.”

  “Absolutely, but what about disposition?”

  The courtroom door opened and the social worker entered. Just as she approached them, the door opened again and Mike walked in with Richard Wagner, who mumbled something about having other cases to do elsewhere.

  The next half hour was spent going back and forth, trying to work out a compromise that would settle the case. Sabre particularly wanted to come to some agreement so the children wouldn’t have to testify. All the attorneys felt the same way, although Wagner acted indifferently to it, as he always did, to bolster his case. No one bought it though, except maybe the social worker who was fairly new to the process.

  After a great deal of posturing, with the attorneys convincing their clients that it would be worse if it was left to Judge Hekman, they finally agreed on a settlement. The court would take jurisdiction and place the children with the maternal aunt, Nora. The children were already living there. The parents would be allowed to have supervised visitation. The social worker would have the discretion to lift the supervision upon completion of their programs and recommendations of the therapists. And in the meantime, the visitation would be very liberal at the home of the aunt as long as the parents remained in their programs and tested clean.

  When it was all over, JP, Bob, and Sabre walked out of the courthouse together. “Want to go get a drink?” Bob asked.

  JP looked at Sabre, then back at Bob. “I’d like to, but I better get home.”

  Chapter 38

  JP’s frustration at not being able to figure out who had killed Judge Mitchell was rising. He had eliminated every case connected with Sabre except Durham and King. He knew Matt hadn’t done it because he was in custody, but he hadn’t ruled out his buddy, Ralph, yet. The most likely suspect was Isaiah Banks. His unbridled anger at the judge provided the motive and he certainly had the ability to do the job himself or have it done for him. The thing that bothered JP the most was that it could be someone on a case they had missed. Perhaps the case was inactive right now, which could explain why there hadn’t been any attempts on Sabre’s life. But what happens if she does something they don’t like? And what about the drive-by? Maybe it was meant for her. How can I protect her?

  “Damn it!” JP threw his pen across the desk.

  “Anything I can do to help?” Robin asked from across the room.

  JP turned around, startled. “No. I’m just a little frustrated.”

  Robin walked toward JP. Her bruises were almost gone, the swelling had disappeared, and she looked beautiful. “Do you want to talk about it?” she asked.

  At least Robin is safe, JP thought. But that bothered him, too. He had not been able to obtain much information about her husband. Other than a couple of gas purchases, his cards hadn’t been used and only once was he purported to have been seen in Texas. JP hoped he was holed up somewhere, drinking himself into a stupor. It bothered him, though, that he didn’t know where he was for certain.

  “It’s just some cases I’m working on. I keep hitting dead ends.”

  “I don’t know anything about investigating, but I’m pretty handy on the computer. If you want me to do something, I really would be glad to help.” She put her hand on his shoulder. “You’ve done so much for me. Taking me in and all. I want you to know how much I appreciate it.” She hesitated.

  “What are you thinking?”

  “Maybe it’s time to start living again. I can’t just hide forever.”

  JP stood up. “Damn it, Robin. It’s not safe,” he said loudly. “We don’t know where Tyson is.”

  “But you said he used his credit card at The Four Corners just the other day.”

  “Someone used his credit card. We don’t know for certain it was him. Why hasn’t anyone else seen him? It’s a small town and he likes attention. I’ll bet he makes an impression everywhere he goes. Am I right?”

  “Yes, but if he’s sulking….”

  “Does he sulk?”

  She sighed. “No, you’re right. He’s looking for me.” She sat down on the arm of the sofa.

  JP stepped toward her, put his arm around her shoulder, and gave her a little squeeze. Her face tightened and her eyes widened. “I’m sorry. I don’t mean to scare you. I’m just concerned and I’m frustrated. I think he’s up to something, and I don’t have the time to go there myself and try to find out what it is.” He looked into her eyes and saw the fear. “We don’t have any reason to believe he’s in San Diego or that he would even come here, but until we know, you just have to stay inside. That’s the best way you can help me.”

  She forced a smile. “You’re right. I’m being selfish. You don’t need one more thing to worry about.” She reached up and touched his cheek. “Thanks,” she said and walked back to her bedroom.

  JP sat back down at his desk and checked his online calendar. The Tran case was coming up for trial in a few days. Since he had eliminated Kim-Ly Tran as a suspect in the murder of Judge Mitchell, he had neglected giving it any attention. He needed to get more information on Kim-Ly’s background, but he was at a loss as to where to start. He opened the file and re-read the social study ordered by the court and his own reports. This time more carefully than he had previously.

  “Why didn’t I see that before?” JP mumbled to himself. He picked up the file and walked out.

  ***

  The Tran Case

  Child: Emma, age 18 mos. (F)

  Parents: Father—unknown, Mother—Kim-Ly Tran

  Issues: Neglect

  Facts: Mother left eighteen-month-old girl in locked room and went to work. Apartment complex caught on fire.

  “Okay, Quang, level with me,” JP said to the teenage hero.

  “What are you talking about?”

  “About Jade. She’s Kim-Ly’s sister, isn’t she?”

  “I don’t know.”

  “I think you do know.” JP looked down at the table where Quang had his computer. The small jade statue of the Asian monk sat next to it. JP picked it up. “You got this from Jade, didn’t you?”

  Quang reached for it. “So, what if I did?” JP waited for a moment then handed it back to the young boy.

  “Here’s what I think. I did a little research on the history of Viet Nam and this jade statue turns out be one of King-Monk Tran Nhan Tong, the third emperor of the Tran Dynasty of ancient Viet Nam. Jade is, or at least thinks she is, a descendant of his, hence the ‘princess’ title she likes to use. She looks a lot like Kim-Ly Tran because
they’re sisters. Kim-Ly is trying to protect Jade from whatever it is they’re both mixed up in. How am I doing so far?”

  Quang just stood there with his mouth agape, holding the statue.

  JP continued. “You knew what was going on at Kim-Ly’s because you were spending time with Jade. You like her, don’t you?”

  Quang looked at JP with an inquisitive expression. “She’s nice enough.”

  “I think she gave you this statue. And now that she’s gone you always keep it close to you.”

  “That’s ridiculous. It belongs to my mother. She gave it to me.”

  “Should I ask her about it?”

  “No,” he said too quickly.

  “Where is Jade?”

  “I don’t know.”

  “Oh, come on. You’ve been talking to her, maybe even seeing her since that Vietnamese guy took her away.”

  “No,” Quang protested. Then he lowered his head and murmured, “No, I haven’t seen her.”

  “Is she in trouble?” JP asked.

  “I think so.”

  “Tell me what you do know. Maybe I can help her.”

  “I don’t know that much.”

  “Have you had contact with her since she left?”

  “No. I have a phone number, but she asked me not to call. It’s not actually her number. It’s a phone the girls all share so their boss can reach them if he needs to. She said she would call me if she could.”

  “She said her boss?”

  “Yes, that’s what she calls him. They’re supposed to call him ‘Uncle Dave,’ but she says she only does that to his face.”

  “Do you know where she is?”

  “Not for sure.” Quang reached in his pocket and took out a piece of wrinkled, folded paper. It looked like it had been there for some time. He handed it to JP. “This is where she lived before she came to stay with her sister.”

  So they are sisters, just as JP had suspected. “Do you know how old Jade and Kim-Ly are?”

  “Jade is only thirteen. I’m not exactly sure about Kim-Ly, but I don’t think she’s quite eighteen yet.”