The Last Chance Lawyer

by William Bernhardt

  “Someday soon. By the way, thanks for your help.”

  Jimmy frowned. “The line at the records office was a mile long. All the schmoozing in the world would not have gotten me cuts. I’m sorry.”

  Maria looked confused. “What? I thought—”

  Jimmy held out the piece of paper he’d been waving around. It was blank.

  “Jimmy! You lied?”

  “Dan texted me. Told me to burst into the courtroom waving paper in the air.”

  “Then you didn’t find the visa application? You didn’t analyze the handwriting?” She glared at him. “Dan! You lied to the witness!”

  He tilted his head, eyes upward. “I baited the witness. And it worked.”

  Chapter 52

  Dan was impressed by how much difference a good night’s sleep could make. This morning, he almost felt like a normal person. He slept well, except for the three times he woke with night terrors, convinced that Crenshaw was about to drill him. He almost left the boat and checked into a hotel, but ultimately, terra firma would not have made anything better. He still got the best night’s sleep he’d had in days.

  He was at the courthouse as soon as it opened. He noticed several reporters seated on the front row of the gallery. That was unusual for an adoption hearing. But he supposed Gabriella was still a subject of interest.

  She sat waiting for him, looking happier than he had ever seen her. He sat beside her and smiled. “We’re in the home stretch.”

  Judge Hawkins called the court to order.

  “Thank you for hearing this on such short notice,” he said.

  The judge nodded. “I understand there are exigent circumstances. I’ve received a summary report from Judge Le. I know what occurred in her courtroom. Of course, it’s all over the news. Are you all right, Mr. Pike?”

  “Never better.” He felt jubilant, confident. At last they were on the downhill slope. No one had filed a brief in opposition. Esperanza’s guardian ad litem was present to protect her interests, but what objection could be made? This should be a snap.

  He launched into a standard presentation, basically echoing the information presented in his brief. Gabriella knew Esperanza and loved her. She had demonstrated that she could take care of a young girl, even in difficult circumstances. She was pursuing new job prospects. The media coverage worked in her favor. People were lining up to help this wronged woman who put her life on the line to save a little girl. Dr. Kazan had offered her an apartment in one of his nicer buildings, rent free for the first six months. Her life was about to improve in a way she could never have imagined.

  “It’s a complete win-win, your honor. Gabriella has a safe place to live, a good job, and a kindly spirit. Esperanza adores her. Once the adoption is completed, I’ve been assured that all deportation proceedings will cease. I strongly urge the court to grant this adoption.”

  Judge Hawkins nodded. “Thank you, Mr. Pike. Anything from the child’s guardian?”

  A thin woman, Ramona Clarkson, rose. Brown dress. Flats. Upswept hair. Fidgety hands.

  She spoke in a quiet voice. “I’m afraid I do object, your honor.”

  His head whipped around. What?

  He felt Gabriella’s hand clutch his wrist. “No,” she whispered. “No.”

  Clarkson continued. “I’m glad to hear Gabriella’s life may be improving. Perhaps in six months, or a year or two, she would be a better candidate for adoption. But I have to put the best interests of the child first. Gabriella would never pass muster with any adoption agency. She couldn’t even be approved as a foster parent. She has a criminal record. Until recently, she worked for a known drug pusher. She’s been connected to sex trafficking.”

  “Wait a minute—”

  “She was accused of murder.”

  “She was acquitted,” he practically screamed.

  “No,” Clarkson continued, “the charges were dismissed, after a witness had a breakdown during an intense cross-examination, followed by a dramatic courtroom confrontation. Clearly the man suffered from mental illness, but that doesn’t prove anyone’s guilt or innocence. The authorities are still investigating what happened.”

  “Gabriella didn’t do it,” he said firmly.

  “I’m not arguing with you about that. But the fact is, she wasn’t acquitted, and the reason she was accused in the first place is because she has made poor choices and surrounded herself with the criminal element. She is simply not a suitable adoptive parent.”

  He couldn’t believe what he heard. “Have you spoken to Esperanza about this?”

  “Of course Esperanza adores her. Gabriella has been the only adult protector in her life since her parents’ passing. That doesn’t prove Gabriella is a suitable parent.”

  “All Gabriella’s criminal activities were in the past.”

  “She was working for Emilio Lòpez until quite recently.”

  “But not in a criminal capacity. She hasn’t done anything wrong recently. She hasn’t—”

  Clarkson cut him off. “She was in possession of a gun.”

  He stopped. Took a breath. “She owned the gun legally. It was registered to her.”

  “It was in the home with a minor. It was apparently hidden in the bedroom where the minor could easily have laid her hands on it. The mere fact that she had it violates most adoptive or foster parenting regulations.”

  His voice dropped to a low rumble. “She needed a gun for protection.”

  “In that neighborhood, yes, she probably did, which points out again what an unsuitable parent she is.”

  “She’s moving.”

  “Over and over again, Gabriella has made unwise decisions. I have to base my recommendation upon the best interests of the child, and I can only do that considering what has happened in the past. I hope Gabriella will improve in the future, and as I said, we might be able to revisit this down the line.”

  “Esperanza won’t be here a year from now. She won’t be here a week from now. Do you think she’ll be better off if she’s deported?”

  The guardian shook her head. “I can’t take that into account, and it would be inappropriate for the judge to consider predictions about the future. We can’t recommend an ill-advised adoption based upon speculation. The only proper consideration for this court is whether Gabriella is a suitable adoptive parent. And by every objective standard we use to measure such things, she is not.”

  He jumped to his feet. “Your honor, may I respond?”

  To his surprise, Judge Hawkins shook her head. “No, I don’t think there’s any need for that. You were responding constantly during the guardian’s presentation. You’ve said what you have to say and I don’t need to hear it a second time. I’ve given this matter a great deal of thought and investigation. I’m sorry to tell you this, Mr. Pike, but I almost always accept the guardian’s recommendations because they are in the best position to know the truth. In this case, I completely agree with Ms. Clarkson. I realize you’re only trying to help, Mr. Pike. But the fact is, Gabriella is not a suitable adoptive parent.”

  “She’s the only person eligible. ICE will only permit adoption by a relative.”

  “And they have that restriction for a reason—to prevent someone from engineering an inappropriate adoption just to thwart immigration procedures, which is exactly what you’re trying to do now. You may be sincere in your efforts to help, but I can’t let that influence my decision. The law is the law.”

  “If Esperanza isn’t adopted, she’s dead.”

  The judge drew in her breath. “I will instruct the reporter to strike the last remark from the record. And I will instruct counsel to stop interrupting or I will have him removed from the courtroom.”

  He buttoned his lip.

  “Neither you nor I can perfectly predict what might occur in the future. Fortunately, courts are not required to do so. The decision whether to grant an adoption is based upon the suitability of the parent based upon present circumstances. I don’t think Ms. Valdez fails as a pr
ospective parent on every count. I do believe she loves this girl and the girl loves her. But unfortunately, that’s not enough. The eyes of the world are upon us. We have to play by the rules.”

  Was that the problem? he wondered. Was she speaking to him, or the reporters in the courtroom? Was she afraid she’d be criticized in the press if she allowed the former accused murderer to adopt a child?

  Gabriella clutched his wrist so tightly she drew blood. A soft cry emerged from her lips. She had been through so much—and now this. The whole reason for everything, every risk she’d taken, slipping through her fingers. After so much fighting, it would come to nothing.

  “I wish all the best for the child,” Judge Hawkins continued. “But at this time, I cannot grant the adoption.” She banged her gavel. “The petition is denied.”

  Chapter 53

  That evening, back at the office, Dan huddled with his partners, trying to come up with a solution. Unfortunately, no one had one. They’d experienced such elation after the charges against Gabriella were dropped. In his arrogance, he had assumed the adoption would be a piece of cake. He should’ve known better. Nothing in the law is ever easy, and no judge’s decision is ever predictable.

  He received a call from the detention center. They were processing the deportation orders. Esperanza had only a few days to remain in the United States.

  “I realize I barely knew her,” Garrett said. “But I’m going to miss her just the same.”

  Maria nodded. “We all are. She really burrowed into our souls, didn’t she, Dan?”

  He tried to remain stoic. “She’s a smart girl. And she’s endured so much. Only to be sent to—” He stopped short. He couldn’t say it aloud. He couldn’t even bear to think about it.

  “There must be something we can do,” Maria said. “We just haven’t thought of it yet.”

  “That’s what I used to think. Every problem has a solution. Every piece of evidence can be admitted. Every witness can be tricked into spilling the truth. But as it turns out, that isn’t always true.”

  “Was I the only one,” Garrett asked, “who was floored by what Crenshaw started spewing as he tried to make his way out of the courtroom? About immigration and the justice system, and how it totally doesn’t work.”

  “At the time, I was more focused on the gun.”

  “Likewise,” Maria agreed.

  “He’s not completely wrong,” Garrett said “The system is a mess. If a bright girl like Esperanza gets deported, something is not working.”

  “I love that girl so much,” Maria said. “I can’t believe that after a few more days, I’ll never see her again.”

  Jimmy pressed his fingers against his forehead. “This is so sad. It’s just like when Superman fell in love with Lori Lemaris, and he asked her to marry him, and she was forced to reveal that she wasn’t in a wheelchair with a blanket over her legs because she was handicapped, but because she was...a mermaid.” His voice choked.

  “I’m not quite sure I see the connection...”

  “Don’t you? Dan, he loved her, and she loved him, but they were from two separate worlds and they could never be together.”

  His eyes widened. “Oh my gosh. I remember that story.”

  Jimmy’s head turned. “I thought you said you didn’t read comic books.”

  He looked away. “I might’ve seen one somewhere. In a...barbershop or something.” He tilted his head. Something else triggered in his brain. “Wasn’t there some awful place where all of Batman’s crazy archenemies went? Until they escaped, which was about every other week.”

  “Arkham Asylum. Denny O’Neill came up with that. Named it for a town in the Lovecraft mythos. He—”

  “Wait a minute.” He snapped his fingers. “Wait just one second. That’s it. Arkham Asylum.”

  All three looked at him strangely.

  “We’ve been so wrapped up with everything else. We forgot something.” He rushed to the kitchen counter and opened his laptop. “We’re not down yet, partners.”

  “What?” Maria said, rushing beside him. “What is it?”

  “We’ve got one more arrow in our quiver. One more way to save Esperanza.”

  DAN HAD NEVER ARGUED anything like this before. He had never appeared before Judge Franklin, but he knew the older man—only a year and a half from retirement— had a reputation for being a strict constructionist. He would apply the law as it was written, and would not be receptive to any emotional appeals or arguments about bending the rules.

  That probably would not work to their advantage. But he would give it his best anyway.

  Esperanza was scheduled for deportation tomorrow morning.

  He grasped Gabriella’s hand under the table. She had been through so much. Incarceration, trial, losing the adoption petition. He didn’t want her to end up like her sister—but how much could anyone bear?

  He turned and saw Jazlyn entering the courtroom.

  She had actually come. She told him she would, but he still found it hard to believe. He was not accustomed to perceiving his adversaries as admirable human beings.

  He crossed into the aisle to meet her.

  “Sorry I’m late,” she said. “Stopped by my boss’s office. I thought you’d like to hear what’s going on with Crenshaw.”

  “Have they charged him?”

  “Just ten minutes ago. They wanted to be cautious and make sure they got it right. As it turned out, the documents he had on his laptop were more than enough to justify pressing charges. We’re building a strong case.”

  “So he was working with Jorge Sanchez?”

  “At first. Till he found it more promising to shaft Jorge and partner with the brother. Found a bank account in the Caymans we’re almost certain is his. We think the taste of real money sent Crenshaw over the edge. Once he was firmly installed in the organization, he probably planned to quietly retire from ICE, and no one would be the wiser.” She smiled. “Until you figured it all out.”

  “Until we did,” he said. “Working together. Making the system work.”

  Jazlyn shook her head. “I can’t take any credit for this. I was about to convict the wrong person. I would have, but for you.” She reached out and laid her hand softly on his shoulder. “I want to thank you for that. You stopped me from making a hideous mistake.” She passed him a cardboard box. “This is filled with documents. Amazing how cooperative ICE can be, once you’ve unearthed a traitor operating unchecked in their system.”

  The bailiff appeared in the doorway.

  “Okay,” he said, “looks like it’s show time. Hey, would you mind hanging around after the hearing?”

  “Sure. Why?”

  “Later.”

  Judge Franklin entered the courtroom. He took up the papers on the bench. “We have a petition for political asylum. For a young woman named Esperanza Coto.”

  He rose. “That’s correct, your honor.”

  The judge continued. “I’ve been sent numerous background documents, a complete dossier. I think I know everything I need to know. I gather you’re representing the minor?”

  “I am, your honor.”

  “And we also have a representative from Immigration and Customs Enforcement? Brendan Abrams?”

  Abrams rose. “We do, your honor.”

  “And you oppose this petition?”

  Abrams spoke slowly. He was young and fair, a little awkward. “On technical grounds, your honor. We do not believe this petition meets the standard for granting political asylum. We think it’s important that these applications not become a ploy for evading legal deportation.”

  “I understand. Mr. Pike, since this is your petition, I’ll allow you to speak first.”

  He stood and addressed the court. “Your honor, it’s very simple. If I may remind the court, Esperanza was brought to this country from El Salvador many years ago by her parents, who were tragically killed, both at the same time, in a traffic accident. Now she’s on her own and she needs our help.”

 
The judge did not appear moved. “During the entire time she and her parents were in the United States, did they apply for citizenship? Or asylum?”

  “No, your honor, but to be fair, they had no need to. The government had granted protected status to immigrants from El Salvador. They came to this country legally, through legitimate border-crossing venues. They had no way to anticipate that the current administration would suddenly, without explanation, revoke protected status for people from El Salvador and several other countries. This political move may have pleased some niches of the populace, but it had a devastating effect on those who—”

  The judge cut him off with a wave of his hand. “We’re not going to debate politics here, counsel. The law is what it is. Protected status has been revoked. The minor will be deported unless you can explain to me why she should be granted asylum. So why don’t you get to that?”

  He drew in his breath. “As I said, she’s alone in the world. She’s been cared for, and cared for well, by the woman seated beside me, Gabriella Valdez.”

  “This is the woman whose adoption petition was denied?”

  “Yes, your honor.”

  “So this asylum petition is your last-ditch effort to keep an illegal alien in the country.”

  “She’s only an illegal alien because the government, by executive order, changed the rules.”

  “Be that as it may, she’s an illegal alien.”

  “If you will recall, your honor, the current administration also issued an executive order forbidding applications for asylum by people who have not entered the country legally. It was unclear whether that would apply to people like Esperanza who lost protected status but remained in the country. A federal court struck down those restrictions, though, opening the possibility of political asylum once again, at least until the Supreme Court speaks. People like Esperanza can claim asylum and obtain legal protection in the US if they’re facing or could face persecution back home based upon their race, religion, nationality, political opinion, or membership in a particular social group."