“That’s not the only reason,” he says. “I messed up with Laura. I know it. But I ain’t no child molestor. And that’s what’s on my back in here. There’s more to it. And you need to know that,” he says.
“Why would I let you out Javier? So you can go and do this to someone else?” I say.
“I’ve changed. Gimme a chance. I saw an article in jail today in the paper on your club and how you give people a chance. I seen what you are doing for the girls is making a difference. I wish I had someone who believed in me back then. Even if you only change one out of ten, that one can go and help ten more. I seen Laura change after she met you. She started thinking more about her life. I want to tell people about my mistakes if it could help them change,” Javier says.
I stay quiet, imagining the Tuckford Press in the hands of inmates wearing orange jumpsuits sitting on the toilet inside a jail cell.
“Hang on for a second,” I say, pushing the hold button.
I look at Dylan.
“What am I supposed to do?” I say.
“I say offer him immunity. Look, we really don’t have a case with Laura in the condition she’s in. See if at least he’ll bite on something and see if he’ll talk,” Dylan says.
“My office is never gonna give this guy immunity. He had sex with her,” I say.
“Yeah, but look at it this way. We don’t have enough evidence either way without Laura. What we do want is to find out what he has. Especially if it’s related to Bess. We don’t have anything to lose by at least offering him a deal,” Dylan says.
“I’ll need to get all kinds of approval to even speak with him,” I say.
“You have authority to give him immunity. I’ve seen other prosecutors do it.”
“Not in this county.”
“No. But in other ones.”
I think back to Tanner’s training on jailhouse snitches and his words of advice: “Gang members, sex offenders, pimps, and drug dealers can never be trusted. A good snitch can make your case but a bad one will break it. Trust your gut.”
I look down at the phone and watch the red hold button flashing. Then I think of Laura and look at
The Mamacita Club
screensaver traveling across my computer monitor.
“How would anyone ever find out that I gave him immunity, anyway?” I say defiantly.
“Now that’s my girl talking. Your office would only find out if we used him to testify against. We have nothing to lose,” Dylan says.
“Don’t ask permission. Beg for forgiveness later?” I say.
Dylan shakes his head up and down, agreeing.
“You know this could cost me my job,” I say.
“Or the investigation on Bess, if we don’t hear him out.”
“True, but Javier has a motive to lie to get out of trouble,” I say.
“Don’t forget we’re still waiting for DNA and the print comparison. I’m submitting the cigarette and soda bottle tomorrow. This guy’s not going to lie. He has something to say,” Dylan says.
My gut tells me to take a leap of faith and trust that Javier might be the key to solving Laura’s case.
“Do you have your tape recorder?” I ask.
Dylan takes out a small microcassette recorder from his suit pocket, pushes the record button, and places it near my desk phone.
I depress the hold button on my phone and get Javier back on the line.
I never thought a day like today would ever come. I’m sitting in court elbow to elbow with Mike Tanner, a man I’ve despised for nineteen years. I’ve learned that the Universe works in strange ways and I’m not about to question it right now. If there is one place I would choose to sit next to him, it’s here, as co-counsel during the trial of People versus Bess Sanchez. Bess is charged with attempted murder of her daughter Laura. Just four months ago, I got that jail call from Javier. He filled in the gaps we needed.
Javier came clean about Bess trying to kill Laura. He knew the whole time Bess was Laura’s boss, selling her for sex. And allowing him to have sex with her too. Clown provided the protection, hanging out in his Lincoln while Laura was servicing her clients. Bess was even selling Laura to Deputy Cruz. It all made sense why Bess never wanted Laura joining The Mamacita Club.
Javier knew the whole time Bess planned to take care of Laura, but did nothing about it. He only had to gain from it since he was facing unlawful sex charges. It wasn’t until Javier discovered that Bess was sexually involved with Deputy Cruz, that he decided to come forward and tell us everything.
It didn’t take long before Tanner reminded me Javier couldn’t testify against Bess because of the spousal privilege, but Tanner didn’t make a big deal about me cutting Javier a 12 year deal. Javier helped us connect the dots and I think Tanner wanted to cut me a break. From the day I spoke to Javier, Dylan worked the case tirelessly and that was just what we needed. He treated Bess like she was a brand new suspect. And he never again questioned me again about seeing the flamingo face inside her home.
Judge Samuel Hoffman’s courtroom is packed with attorneys, Laura, her friends from The Mamacita Club, and Dylan. No one sits on Bess’s side of the courtroom, except a media journalist taking notes. Bess and her attorney, douche bag defense attorney Collin Fox, sit on the opposite side of Tanner and me.
Fox and I went to law school together. During a night out in my first year, I confided things in him I wish I never had. It was late and I had one too many bourbons at the local pub. The best part of that night was that I had the sense not to sleep with him. He tried to make out with me when we got back to my car, but I was smart enough to put a stop to that. I didn’t want to get arrested for lewd conduct, plus he had bad breath. He could fill a car with the stench of his halitosis just from breathing. There was no way I was going to make out with him. Neither Fox nor I felt the need to disclose this to Tanner or Judge Hoffman during pretrial motions.
This is the first time in my career I’ve sat as co-counsel in a trial. I had to because Fox put me on the defense witness list after trying to have me recused from the case. He argued I was a material witness who found Laura’s body, cut Cruz’s thumb off, and had the Mamacita Mason Jar notes in my chain of custody. These reasons were defense tactics that Mr. “I’m a loser defense attorney” tried to use to get me off a case he otherwise knew I would kick his butt in.
Tanner fixed the problem by assigning the case to himself, then asked me to be co-counsel. It was his way of saying, “We’ll show you,” to Fox. But also, I think Tanner did it to get me on his good side. He knew Laura’s case was way too important for me to turn down the opportunity to work with him. So I accepted and Judge Hoffman approved.
Tanner and I agreed he’s going to do the opening statement and closing argument. I’m going to be called as the first witness to describe Javier’s case, finding Laura’s body, and striking a 12 year deal with Javier to give us information about Bess. Tanner agreed that I’ll do Laura’s and all the experts’ direct examination. I like the idea of handling all the scientific stuff, especially the gory finger testimony.
I also get to cross-examine Bess if she testifies, which Tanner thinks is a long shot since any skilled defense attorney should be able to talk their client out of testifying. But I think the odds are good, since it’s douche bag Fox we’re talking about.
One by one, the jurors pass us on their way up to the jury box. Four of them smile at me. Two are holding big coffee mugs. The jurors are fresh for a Monday morning. They look like kids arriving for their first day at school. Judge Hoffman takes the bench.
“Remain seated, come to order, court is now in session,” says the deputy.
“Good morning, everyone,” Judge Hoffman begins. “We are about to start trial in the case of the People versus Bess Sanchez. The defendant is here represented by her attorney Collin Fox. The People are represented by Special Assistant Prosecutor Mike Tanner and Assistant Prosecutor Gaby Ruiz. All members of our jury panel have taken their seats along with the two alternates. This morning is the start of our trial where we will hear opening statements and testimony from our witnesses. Mr. Tanner, would you like to give an opening statement on behalf of the People?”
“I certainly would. Thank you,” says Mike Tanner, standing up and looking as impeccable as always.
He walks up through the well, which is the area right in front of the jury box leading up to the judge’s bench. It’s poor etiquette to “enter the well” without asking the judge for permission and could be considered a violation of court rules. But Judge Hoffman gave Tanner and Fox permission to enter before trial started.
“Ladies and gentlemen of the jury. Good morning,” Tanner begins. “This case is about power, control, and murder. Back on July sixth, this defendant sitting right here at the counsel table, Bess Sanchez, did the most despicable thing any mother could ever imagine. She attempted to carry out the brutal murder of her seventeen-year-old daughter Laura. Then she sat back for months watching police investigate Laura’s boyfriend as the primary suspect.
“Laura was struck over the head with this ceramic vase by this woman. And why did she do this, you might ask? It was to control Laura. It was to teach her a lesson. It was to silence her. And it did, but only temporarily.
“Sometimes the Universe and medicine work in strange ways. No one expected Laura to survive, much less fight to get out of her coma. But she did and she sits here in court, in her wheelchair, because just one person believed in her; that is Assistant Prosecutor Gabriela Ruiz, whom I’m honored to call my co-counsel. Laura also is here today because of her determination to survive, fight, and see that the right person is brought to justice, Bess Sanchez. Thank you.”
There’re not many times I’ve been in the spotlight to answer questions about my personal life. One of these times was when I was hired at the Prosecutor’s Office and asked about the most personal information like if I ever used drugs, committed a crime, or lied about anything significant. I had to disclose things I did when I was nineteen years old, like getting a Tinkerbell tramp stamp tattooed on my lower back and posing in a yellow polka dot bikini on top of a bigrig as the pin-up girl for a trucking magazine.
Now is another time I’m feeling exposed as I sit in the witness stand on cross-examination.
Tanner thought we should get this over with, so I agreed to be the first witness and now I’m regretting it. Douche bag Fox stands up to start cross-examination. The audience section of the courtroom is filled. Judge Hoffman and his clerk, deputy, and court reporter’s eyes are on me.
Nothing can fully prepare you to be the focus of the defense case. I realize most of it is for show, especially when the defense has nothing else to go on. I’m accused of how I tainted everyone as an overzealous prosecutor. Blah blah blah.
I wasn’t surprised when Fox cross-examined me about the Mamacita Mason Jar scribbles from the girls and why I didn’t tell anyone sooner about my suspicion Clown wasn’t involved. None of this cross-examination seems to bother me until the part about my mom comes up.
“Isn’t it true, Ms. Ruiz, that your mother was killed by your stepfather when you were twelve years old and you witnessed the entire thing?” asks Fox.
I stare straight at Fox’s grey and mint green tie that sits against his perfectly pressed white shirt. His navy blue suit pants are tight around his crotch making me think he’s trying to show off something that isn’t there. His pants being too short leads me to believe he was way too excited to wear his new suit before sending it to the tailor.
“Yes, that is true, sir. But what does my mom have to do with this case?” I ask.
“Just answer my question,” says Fox.
“I did. Do you have another one?” I snap back.
“Ms. Ruiz, I know this may be sensitive material to discuss, but I’m going to ask you to just answer the questions that are asked and not to pose any questions back to defense counsel. Do you understand?” says Judge Hoffman.
“I’m sorry, Your Honor,” I say.
“Proceed, counsel,” says Judge Hoffman, looking towards Fox.
“You’d agree that in this case, one parent has allegedly tried to kill a member of her family, correct?” asks Fox.
“That’s what your client did.”
“That is similar to what happened to you, isn’t that right?” asks Fox.
“In what way?”
“One of your parents killed another family member,” says Fox.
“It’s completely different. Plus, this trial is about Mrs. Sanchez trying to kill Laura,” I say.
“Ms. Ruiz, I’m going to ask you again. Isn’t it true that one of your stepparents killed your other parent?” asks Fox.
“Yes, my stepfather killed my mom,” I say.
“Were you upset over what you witnessed when you were a child?”
“Who wouldn’t be?” I say sarcastically.
“Exactly. And I would imagine you were upset at your stepfather for a long time after that.”
“I was.”
“Have you seen your stepfather since he was convicted?”
I look at Tanner, then Judge Hoffman, hoping one of them will object. They look away from me.
“No, Mr. Fox, I haven’t.”
“Do you plan to?”