The Last Chance Lawyer

by William Bernhardt

  He called Maria. “Any luck?”

  Maria sounded chipper. “Yes. It’s all arranged. We can see Esperanza this afternoon.”

  “Fantastic. Pick me up outside the jailhouse.”

  DAN WAS SLOWLY ADJUSTING to being driven rather than driving. He tried not to see it in terms of a masculinity-driven need to be in control. The more evolved attitude, he told himself, would be to view this as a promotion. He had a driver now. A chauffeur. A perk of the new job. Though he thought it best he didn’t refer to Maria as his chauffeur when she could hear.

  They drove to Tampa, where the Office of Refugee Resettlement had Esperanza in custody. If traffic didn’t pile up, as it often did near Tampa, they should arrive in about an hour and a half.

  It only took ten minutes before he realized that he and Maria had very different musical tastes. He preferred classical music, while she preferred whatever was on FM radio this week. He didn’t think he was a snob, but he could only tolerate drum machines covered by high-pitched voices singing sophomoric sex lyrics for so long.

  Maria suggested a switch to podcasts, but still their tastes differed. She preferred dramatizations reminiscent of old-school radio shows. He preferred documentaries. If they didn’t find common ground soon, he worried, they might be forced to converse.

  At the light, Maria touched the little blue bird on her CarPlay touchscreen. “We’re trending.”

  “Excuse me?”

  “On Twitter. This case. In the St. Pete area.”

  “We’re trending?”

  “Yeah. But the wrong way.”

  “Oh.”

  “Females age thirty-to-forty think you’re cute. Men in that age group think you’re what’s wrong with America today.”

  “How do they know I’m cute?”

  “Online news photos. There’s a story every day about the Tragedy at the Trademark. Part of why it was so hard to set up this meeting. That, plus the current administration’s need to punish so-called undesirable immigrants.”

  “I don’t think everyone in ICE is evil,” he replied. “But I think many are confused. The problem is the absence of clear and consistent authority. All the relevant statutes tell the government what they can do, but not what they must do. Or should do. They have the ability to put Esperanza in this detention camp, or to deport her, but the rules governing when and how and why are nebulous and tend to be created on an ad hoc basis.”

  “Situational rulemaking?”

  “Something like that. They try not to be inconsistent or to show favorites. But the work is complicated by incoherent, inconsistent, constantly changing policies, too often driven by politics. Short-term policies designed to obtain short-term votes. And some of them are insane. Separating children from their parents. Throwing infants into cages. Deporting children. Fifty percent of all kids who go up on immigration charges are not represented by counsel. Nine out of ten are deported.” He knew the stats by heart. He’d looked them up right after he took Esperanza’s case.

  “This is a nation of immigrants. Except for the Native American population, we’re all immigrants. You’d think we’d have a more coherent immigration policy by now.”

  “Are you taking this personally?”

  “How can I not take this personally? My father emigrated from Mexico. Met my mother in the United States. Worked hard all his life. Never for one moment was he on public assistance. He could have been, but he refused. He just worked and worked, so hard weeks went by when we didn’t see him. Sometimes he was on the road, chasing a crop. Even when he was at home he worked such long hours we only caught fleeting glimpses of him.”

  “Sounds like a man who cared about his family.”

  “Dad worked here twenty-two years before he got a job that allowed him to go indoors. A podunk job with the highway department. But he thought he’d made it.”

  “Sounds like a great guy.”

  “I thought so. He wanted the best for his children. He wanted the best for me.”

  “And look at you now. Law school. Fancy car. Gucci jeans.”

  “You’re really hung up on my jeans, aren’t you?”

  “I notice details.”

  “That sounds classier than, I’m constantly staring at your ass.”

  “Perish the thought.”

  “My dad taught me that appearances are important. Superficial though it might seem, dress is a major factor in making first impressions. He wouldn’t want me running around town in thrift-store threads. Like those hideous jeans you wore at the bar the night we met.”

  “What’s wrong with my jeans?”

  “Nothing, if you like torn-and-tattered JC Penney’s.”

  “I’d been kite-surfing! I have plenty of nice clothes. But I don’t normally wear them to a bar.”

  “You might score more often if you did.”

  She had a point, but he wasn’t about to acknowledge it. “Your father must be proud of you.”

  She fell quiet for a moment. “He passed away a few years back. But he lived long enough to see me graduate from law school. Couldn’t have been a prouder man in the entire world.”

  “That’s wonderful.”

  “As far as I’m concerned, he’s still with me every day, looking down and smiling. These jeans make him smile. So I’m going to continue to dress nicely, thank you very much.”

  They approached Tampa, and predictably, traffic slowed. Everybody was in a rush to get to the beach, he supposed. Fortunately, the detention camp wasn’t actually in the city but on the outskirts. They didn’t have too much farther to travel.

  “What’s this place going to be like? I have visions of World War II Japanese internment camps.”

  “I haven’t been inside one before,” Maria said. “But you may be right. There’s a rumor going around that someone in the government dug up blueprints from those old camps when they designed these.”

  “That sounds ghastly.”

  “Let’s hope it’s just a rumor. A lot of time has passed since WWII, and we’re not involved in a global war, and the press gives detainment more scrutiny than it once did. Still, I can guarantee it’s no pleasure palace. Esperanza doesn’t have any private space. No one does. Ten or twelve girls to a room.”

  “That’s nuts.”

  “The camp hasn’t been open that long, but it’s already overcrowded. They have no medical staff. If an emergency arises, and anyone notices, they send people out for care, which is an administrative problem and sometimes doesn’t happen when it should. There’s been a lot of controversy about the meals they serve. Quality is not great, and neither is the nutrition level. They have a hard time getting and keeping staff.”

  He felt his teeth clench. “There must be some way we can get Esperanza out of there.”

  “If there is, I haven’t found it yet, and believe me, I’ve looked. The only relevant rule says that children will be placed in the shelter until they can be released to a family member. Which isn’t going to happen. We can’t get her out, at least not until she’s adopted. Technically, we have no standing to even ask.”

  THEY FINALLY ARRIVED. He could see at a glance that this was low-income housing of the worst sort. Looked like they had converted an abandoned warehouse, or something of that sort.

  The only door admitted them to a small reception area. They waited twenty minutes while an underworked receptionist filled out papers and communicated to co-workers by text. He understood that she was probably not paid much, but still.

  They were escorted to an interior reception room. Six roundtables filled the available space. A few moments later, two female guards escorted Esperanza in. Unkempt hair. Wrinkled t-shirt. Sunken eyes. Smudge on the left cheek. He didn’t need acute observation skills to see that she was miserable.

  As soon as Esperanza spotted them, she raced forward. The two guards yelled at her to stop, but she ignored them. A second later, she flung herself into his arms.

  She wrapped herself around him and hugged tightly. “I knew you would
come. I knew you would get me out of here.”

  He cleared his throat. “We came as soon as we could. Maria arranged it.”

  Maria smiled at her.

  “I knew you would be the one to save me. I knew it.”

  He took her by the shoulders and pulled her back slightly so she could see his face. “We’re here to visit, Esperanza. We don’t have permission to take you away.”

  “Please don’t leave me here. It’s horrible. Please!”

  He felt a sharp stinging behind his eyes. “Believe me, if we could take you, we would.”

  “And we’re trying,” Maria added. “We haven’t figured out quite how to do it yet, but we haven’t given up, either. As soon as we discover a legal remedy, we’ll pursue it as hard as we possibly can.”

  He could see Esperanza was brokenhearted, but she wasn’t going to fuss. Despite all that had happened to her, she was a strong girl. Some adults would succumb to self-pity under circumstances like these. But she kept her chin up. “I know you will. I know I can count on you. How is Gabriella?”

  He swallowed. He had considered the best possible way to tell her about it. But he still wasn’t looking forward to it. “The police have taken her into custody.”

  “Can you get her out?”

  “I’m going to ask the judge to consider releasing her on bond tomorrow.”

  She smiled. “You will win.”

  He held up his hand. “No, in all likelihood, I will lose. Bond is almost never granted in cases like this. The charges against Gabriella are too serious. And the judge won’t like...” He struggled to find a way to explain it. “...the kind of people she has associated with.”

  “Gabriella is good. She has only done what she had to do to take care of me.”

  “I know that,” he said quietly. “How are you?”

  A frown crossed her face. “People here don’t like me,” she said, as if reciting a fact, not playing for pity. “I don’t know why. They say Gabriella sells drugs. And they say she killed people.”

  “You know better than to believe that.”

  “But I can’t stop them from saying it. All night long. I’m forced to stay in a room and sleep with people who taunt me. Night and day. Sometimes they hit me and—”

  He felt his heart sink. This was so damn messed up.

  He tried to think of a way to buoy her spirits. “They’re probably jealous of you, Esperanza.”

  “Why would they be jealous of me? I have nothing.”

  “I don’t know about that. For starters, I bet you’re the cutest girl in there.”

  Maria gave him a look.

  “Me? I’m hideous.”

  “Don’t be silly. You’re cute as a bug. Smart too. Who else in this place has grades like yours?”

  “I do not think they care about grades.”

  “Well, everybody else does. And they know smart girls like you will be successes in the world. You’re a winner.”

  “They say I will be shipped to El Salvador. A place I don’t know at all.”

  Shipped to people she doesn’t know and a fate worse than death, he thought silently. “We’re doing our best to prevent that.” He saw the matron tapping a wristwatch. “Do you need anything? Can we bring you anything?”

  Esperanza shook her head.

  Such courage. If he had been in this place overnight, he’d have a want-list as long as his arm.

  “What about the adoption?” she asked.

  “The adoption is still pending.” He sighed. “But realistically, we have to eliminate these charges against Gabriella. Otherwise she will not be permitted to adopt you.”

  Esperanza leaned into him. “If she cannot adopt me, will you adopt me?”

  He stuttered. “M-Me? I—I don’t have...I—I have no experience—”

  “You would be a wonderful father.”

  “I’m not... any kind of father. I have no children.”

  That you know of, Maria mouthed over the girl’s shoulder.

  “Then I will be the first!” Esperanza clapped her hands together. “I will be a good daughter. I promise. I will never give you trouble.”

  “I know you wouldn’t,” he said. “But the court is never going to allow a guy like me to adopt.” He saw Maria tossing her head back and forth, as if she doubted the statement. “I mean,” he added, “under different circumstances, maybe that would be remotely possible. But in this case, you’re not a US citizen, and you no longer have protected status. They won’t let a random stranger adopt you. It needs to be a relative.”

  Her chin dropped. “You do not want to adopt me. You do not like me.”

  “I never said that.” He looked pleadingly at Maria, who offered no assistance. He stuttered a few more seconds, then said, “Esperanza, if any plan, option, or idea ever arises that will help you stay in this country, I will not hesitate to do it. And that’s a promise.”

  Chapter 20

  Dan went straight to the courthouse, since the hearing had a first-up setting. He met Maria outside the courtroom.

  She gave him a quick once over. “Look at you. Fancy-schmancy.”

  “First appearance before the trial judge. Want to make a good impression. I put on my best suit.” He smiled. “Following your father’s advice.”

  “To the max. What is that, Burberry?” She peaked under his cuff. “Ohmigosh. Zenga! Italian luxury.” She nodded in admiration. “I guess I’m having a little influence on you.”

  “You did not invent nice clothing. I’ve always been a stylish dresser.”

  “If you say so. Ready to go inside?”

  He was. Jazlyn was already seated at the prosecution table, flanked by her squadron of associates. He dropped his backpack on the other table, then approached.

  “Good to see you this morning,” he said, trying to make it sound sincere.

  “Good to see you too. Is that a new suit?”

  “This old thing? Nah.” He changed the subject. “I have it on good authority you’re making deals. With other people.”

  Her lips pursed. “Who’s been talking out of school?”

  “Greg Russell. Seems to think Emilio’s going to turn state’s evidence and finger my client.”

  Her head bobbed for a moment. “If we make any kind of deal, you’ll be notified immediately.”

  “What’s Emilio offering?”

  “You will be notified of that as well, at the appropriate time and place. I run a tight, honest shop. We will not withhold evidence.”

  “Give me a hint. What lie is he peddling?”

  “I don’t have any reason to believe he’s lying. To the contrary, he’s in the best position to know what happened that night outside the Trademark.”

  “And the only way he can get his sorry butt off the firing line is by incriminating someone else.”

  “I can assure you we will attempt to verify any testimony he proffers.”

  “I can assure you I will too, except it will take time and cost me a bundle, so the sooner I know what the lies are going to be, the better.”

  “Why do you assume he’s lying? Looks to me like this was a staged showdown designed to take Emilio out.”

  “I agree with the showdown part. The rest I’m not so sure about.” Much as he was enjoying this badinage, he had probably said too much already. There was nothing to be gained from revealing his hand to the prosecution in advance of trial.

  A rustling behind the bench told him this dog-and-pony show was about to begin. “Let’s continue this conversation later.”

  Jazlyn nodded. He returned to his table.

  “Learn anything useful?” Maria asked.

  “Just enough to get worried.”

  A moment later, two armed marshals brought Gabriella into the courtroom in chains. She looked terrible, even worse than when he’d visited her at the jailhouse. She was tired. Her face was drawn and her eyes looked hollow. Once she reached the table, in the slow half-steps that were all she could manage, one of the marshals unlocked the cha
ins connecting her legs. She was still wearing jailhouse coveralls, but since they would only be seeing the judge today, not jurors, there was theoretically no prejudice. In truth, he didn’t see how anybody could not be affected by witnessing someone in this condition.

  “How are you holding up?” he asked.

  Gabriella parted her lips as if to speak, then choked. A rush of tears spilled out of her eyes.

  He felt his heart sink. He leaned in and whispered. “I know how hard this must be. But I need you to pull yourself together before the judge arrives.”

  She choked, gasping for air. “Tell me about Esperanza.”

  “We’ve seen her. She’s fine. She misses you, but she’s a tough girl. She’ll get through this and so will you.” He held her by the shoulders. “You are not alone.”

  She nodded, and wiped the tears from her eyes.

  A few moments later the bailiff stepped out from behind the back door. “All rise.”

  The Honorable Jessica Le passed briskly through the door and took her position on the bench. “This court is now in session. Please be seated.”

  Although he had given it considerable thought and spent much of the previous night researching Judge Le, he still wasn’t sure how he felt about this judicial assignment. A judge of Asian heritage in a case involving immigration issues might be a lucky break. She might be sympathetic. Or she might be judgmental, which was after all the defining characteristic of judges. Le’s family survived the rigors of immigration shortly after the Vietnam War ended and became successful and prosperous—without acquiring a criminal record. She might feel others should be able to do as well. It was virtually axiomatic in legal circles that women were harder on other women. If you had a female defendant, you wanted as few women on the jury as possible. He feared the same principle might hold true for a female judge.

  Judge Le called the case and asked if the parties were ready to proceed. “Mr. Pike, have you received the indictment?”

  He rose. “We acknowledge receipt, your honor. Waive the reading.”

  “I realize you’ve already been arraigned. But how do you plead to the specific charges raised by the indictment?”