The Loverboy
Page 19
The day of the trial came and she was collected immediately
after breakfast. A bus similar to the one that had brought her
there was parked just inside the gate and there were twenty
other prisoners waiting to get on. She recognized one girl from
the kitchen staff and moved closer to her hoping she would be
chained to her rather than some complete stranger. Unfortunately
it was not to be, the guards started chaining inmates together
at random and she was shackled to a women in her mid thirties
that was going to court for a hearing on a possession charge
while in prison. Some guards had found a small amount of pot in
her cell.
Drugs were everywhere in the prison. It was almost easier
to get them in the jail then outside of it but Kim had stayed
away from drugs and didn"t want anything to do with them and had
no interest in finding out how they got in there. She figured
that some of the guards were involved as visitors were always
searched. The woman was friendly enough and they chatted on the way to the court house and when they arrived they were led into
the basement again where the holding cells were located. There
they were finally separated from each other and put into the
cells until their case was up.
Hers had been the last case of the day and it wasn"t until
four that she was called. She arrived in the courtroom and the
district attorney started by reading the accusation. The judge
looked at her intently over his reading glasses with no sign of
emotion whatsoever. Then he asked for certain documents which
the district attorney produced. Then he spoke to her lawyer and
he produced some documents. He read everything intently while
everyone just stood there. It was very strange. There were no
witnesses, no objections over documents or any of the theatrics
that she had seen so many times on Law and Order. It was in fact
really boring.
After about thirty minutes of watching the judge read
documents he called the hearing to an end and excused himself.
Her lawyer explained that the district attorney had submitted
the case documents and he had submitted documents to get the
statement excluded because it wasn"t complete. They would
reconvene next week for further deliberation. She asked about
the proceedings and he explained to her that in Mexico it was
mostly through written documentation and applying the law based on that rather than on the theatrics of the attorneys. Next week
the judge would decide on the motions made and then request more
documentation.
They said their goodbyes and she was led outside as the
last to get on the bus. It was nice to be the last one since
they didn"t shackle her up to anyone like they did the rest. She
sat by herself trying to make sense of how the courts worked but
never having seen it before she couldn"t make much sense of it.
The week came and went and soon she found herself back in the
bus again en route to the courthouse. This time she was shackled
to a fat twenty some year old that looked way too big for what
they served in the prison so she assumed the woman was new to
the prison. She had not slept well the night before due to a
concert of screaming kids that had seemed to wake each other up
just as one was able to go to sleep. It had almost seemed like a
well trained relay team.
She didn"t mind it too much and actually just felt sympathy
for the mothers trying to keep their kids quiet. Some mothers
didn"t seem to care though and those she did not feel sympathy
for. Just for the kids, they deserved better parents. No kid
deserved to go to prison though but the kids didn"t know any
better and seemed content. But her tiredness limited her
conversation this time. She was in no mood for chit chat and just zoned out. The bus always followed the same route, through
a short stretch of country side where there were some run down
homes and then into the city. It was far from the Mexico she had
seen in the resort where she and Jake had stayed. Soon she was
in the holding cell again and this time her case was handled in
the late morning.
More documents were passed back and forth, mostly
statements from officials at the airport. Her attorney told her
the motion to exclude her statement had been denied as the
incompleteness should have been discovered before signing.
Arguments that it had been in Spanish did nothing. The hearing
lasted for almost an hour when it was discontinued again because
the next trial was scheduled to start and a new date was set for
the following week again to give the judge time to consider all
the paperwork.
This went on for several weeks and each time it was
discontinued and moved to next week. After about five more
hearings the district attorney and Nicandro both claimed to have
presented all their documents and the judge exclaimed he would
go over them again and would come to a verdict next month. The
month went by without incident and she found herself chained to
yet someone else. She had thought that it was done at random but
as time went on she figured out that the same people were never chained together twice and they avoided chaining people together
from the same block. Sometimes they had to chain people from the
same block together but then they were careful not to select
people that knew each other better than a passing “hi”.
Her case was at the end of the day again and after the
hearing started the judge addressed her for the first time. He
spoke with a stern voice and looked down at her over his
glasses. After reading the charges again for good measure as if
she might have forgotten what she was there for he started going
on and on about the animosity he felt for Americans like her
that abused his beloved country for the vile and disgusting act
of drug trade. He had no sympathy for an American that was just
looking to party and would abuse their legal system to provide
the means for it. His tirade went on for at least twenty minutes
and Kim felt herself getting smaller with each passing minute.
When he was finally done he told her that he had no option but
to sentence her to the maximum he could for her grave crimes.
She would serve twenty five years with no opportunity for
parole.
Kim"s jaw dropped to the floor in shock as did her lawyer"s
while the district attorney received congratulations from
several of his colleagues. Shocked Nicandro quickly told her he
would fight for an appeal and would come see her soon as she was hurried out. On the bus she just sat in silence thinking about
her future or lack there of. She would not get out until she was
forty three years old. Twenty five years, she thought. That was
longer than she had been alive. When they arrived at the prison
she went to her cell and fell into a ball on her bed. Rose found
her there twenty minutes later and sat with her all night. It
felt good having someone care but when would the misery end?
Less than two y
ears ago she had been a Junior in high
school. Since then she had been raped, turned to prostitution,
lost her family and now been convicted to twenty five years in hell. What else could go wrong?
Chapter 25:
She woke up the next morning still nestled in Rose"s arms.
Rose had sat with her all night and had fallen asleep sitting
straight up with Kim in her lap. Kim still couldn"t believe that
this was going to be her home for the next twenty five years.
News spread quickly about the verdict and everyone was quick to
admit it was a ridiculous verdict. They all said that the judge
was playing politics and wanted to send a message to the
Americans and make a hard stand against crime coming from
America to further his political career.
In the afternoon she received word from a guard that there
was a visitor. She was excused from her kitchen duties and
headed to the visitor center. Nicandro was waiting for her and
when she came in he apologized profusely. He had not seen this
coming and had never expected the maximum to be handed out to an
eighteen year old on her first offense. They would appeal the
verdict and he would get on it right away. He would fight hard
for her. The verdict had awoken him and now he felt guilty not
giving the case his full attention. It hadn"t been his fault as he was overloaded but he felt sorry for her and vowed to correct
the situation. He would file the appeal first thing tomorrow
morning but she had to be patient. Appeals took time and were
often denied but he promised he would keep filing until they got
one. Kim nodded and gladly grasped hold of the small sliver of
hope Nicandro was offering her. She felt better about his
commitment for her case now even though it could very well be
too little too late.
As time went on she started to see the verdict as another
speed bump but would not accept it. She continued her studies
and had contact with Nicandro almost every other week, even
though most of the time he didn"t have much news and was just
checking up on her. The appeal had been filed and usually it
took at least four months to even hear back from it but he had
been zealous and had bugged the court administrator on a weekly
basis. He had been feeling guilty about how ridiculous the
verdict had been considering the circumstances and had promised
her he would do anything he could to fix it and he had kept his
word. Kim didn"t expect any results but was appreciative for the
friendship.
She had a lot of friends inside now but it was always good
to have some contact with the outside world and she looked
forward to his visits. A year later and after three requests for an appeal had been denied he had stopped by to inform her that
he had filed another appeal. He had nothing new to add to the
appeal but still, it couldn"t hurt and just maybe the request
would hit a judge"s desk on the right day when the judge was in
a good mood. Actually he was hoping for the more likely scenario
where the judge would get fed up with the requests and just
grant one to shut him up. So far it had not been working but he
was determined to keep it up to keep his promise. Kim informed
him she had gotten her high school equivalency diploma and
informed Nicandro that being done with this she now had some
more time on her hand.
It actually struck her as funny considering she was in jail
for the next twenty three plus years. If there was anything she
had enough of it was time. So she wanted to know more about how
the law worked. If it ever came to an appeal she wanted to know
what was going on. She didn"t want to be a bystander any more.
Nicandro frowned at this but didn"t see any harm in it and told
her he would bring a copy of her file for her the next time he
came over.
They said their goodbyes and over the next two weeks Kim
spent more and more time in the library. She made an inventory
on what the prison library had to offer as far as legal books
and to her surprise they had a dated but rather complete set of law books about Mexican law. She was surprised that, considering
where they were, the books looked rather unused which struck her
as ironic. At the next visit Nicandro had a large file with him.
The size had quadrupled in size from what she remembered at her
trial. Nicandro explained that the majority of the paperwork
covered the requests for appeal and the denials of said
requests.
She thanked him for the file and unfolded a couple of
sheets of paper. On them were questions she had about the
Mexican legal systems that she had run into while browsing
through the complex legal volumes. He gave her a puzzled look
and she asked if he could look over them and see if he could
answer some and bring the answers next time he came over. He
looked at the first few questions and they were very basic. He
knew all of them off the top of his head but they had not been
stupid questions. They had actually been questions he had either
asked or had been afraid to ask during his first year of law
school. He wanted to answer them right there but they only had a
few minutes left on the visit and Kim didn"t seem to be in a
hurry. Again she had plenty of time. When Nicardro left, a guard
took about thirty minute to scan through the complete file to
make sure there was nothing in it that was not allowed. Kim
considered complaining about privacy but realized that she hadn"t had privacy for over a year and a half and didn"t expect
to get any now.
When she got back to her cell she looked through all the
paperwork. It contained every document that had been used in the
trial from the prosecutor and her lawyer as well as the
sentencing and the appeals. She sorted everything and for the
time being focused on the trial documents ignoring the appeals.
She would look at those later. Every day she would spend at
least a few hours in the library comparing her documents to
examples in the legal books and journals. Every two weeks she
had a new list with questions for Nicandro and he faithfully
stopped by every other week and gave her the answers to the
questions from the last visit.
Some of the times she had already found the answers
herself. To his surprise the questions were getting more and
more complex. Where in the beginning he had been able to answer
them all off the top of his head as time went on he was stumped
by a large portion of the questions and had to look them up. The
denial of the appeal came six months after filing. Nicandro
thought he was starting to hit a nerve with the judge and he was
making them wait longer on purpose. Two years had passed since
Kim had been arrested. She was twenty now and there was no
improvement on her case. Nicandro delivered the bad news in person but to his
surprise Kim was not moved about the appeal being denied one way
or another. She was only eager to give him her new list of
questions and receive the answers to the list from tw
o weeks
ago. Sheepishly Nicandro had to admit that he had not been able
to answer two of the questions and was checking with some
colleagues and would get back to her on those the next time. She
had a remarkable mind for the law he decided. She could come up
with questions that nobody in his office had been able to answer
and she had never spent an hour in law school. She didn"t seem
to mind but he still felt foolish.
He promised her to file for another appeal immediately but
she told him not to. Surprised he asked why. She looked at him
and said that the appeals had been virtually the same. The judge
would just look at it for five minutes then deny it as he had
done with the others and put it on a waiting pile for a few
months before having it returned. They were making it too easy
to deny and they needed to put some reasons in why an appeal
should be granted. The sentence had been harsher than expected
but it had been with legal limits and therefore it hadn"t really
provided a compelling enough reason for an appeal. She decided
that to get an appeal they shouldn"t attack the length of the
sentence but rather the validity of the sentence. He was dumbfounded when she explained it with the ease of a seasoned
trial lawyer.
She asked him to wait until they could come up with some
grounds for an appeal and interested he agreed. Over time she
started to spend more time in the library and it came to a point
where other prisoners were seeking her help in legal matters.
Most of the prisoners were represented by a public defender like
her and most of those public defenders had workloads that did
not allow them to do their cases justice. Her services were in
such high demand that prisoners would pay her for it. She often
helped out for free but most of the time people would do things
for her. She barely worked in the kitchen anymore as most of the
time someone would work her shift for some legal help.
In total she had been able to save several hundred dollars
from her kitchen work and from the gifts from people she helped.
Nicandro came over again and she laid out the plan. The appeal
would have three new parts to it.
Part one: The statement would be challenged. He objected
that they had done that at trial and it had been denied. She
explained that they had challenged it for the wrong reason. They