The Loverboy
Page 20
had challenged the statement based on that it had been
incomplete. That was not a valid reason to have it excluded and
the fact that the statement had been in Spanish was also not a solid ground for exclusion. However the statement had been their
clever way of interrogating her and she had not been able to
understand Spanish at the time of the interrogation which meant
that if even a single word of Spanish was spoken or written
during the interrogation they should have offered her an
interpreter which they had not. Therefore the interrogation had
been illegal and since the statement had been a product of that
interrogation it should be excluded. Nicandro smiled in
bewilderment. This was brilliant.
Part two: He would need to setup a test on the packaging
the drugs had been in. If they checked for fingerprints they
would find that hers were on the box but not anywhere on the
inside of the packaging. The bag that had been in the box would
produce no such prints. This was not going to declare her
innocence she realized but it would make her story more viable.
“How are we going to pay for that?” he had asked and she
pulled out a large pile of bills and said that this should cover
it.
“When was she going to cease to surprise her?” He thought.
And finally part 3: Part 3 was going to be the hardest of
all. They would prove that there had been a relationship between
her and Jake and that he had plotted to set her up. Nicandro frowned at her and said “He won"t admit that, we
tried.”
“I need you to set it up that I can call him. Make sure the
call won"t show up on the caller-ID and we will record the
conversation. I"ll tell him I got released early and need to
talk to him about the money. He will get mad about it I am sure
and tell me it"s gone or that I won"t see a penny of it.
Something like that and it will establish the relationship” she
told him.
He nodded, “That could work.”
“Then you need to check the flights that we flew on and the
ticket and hotel transactions” she said, “That will confirm the
relationship and his efforts to cover it up.”
“But they did that” he said, “And the tickets were
purchased with separate credit cards and you sitting next to
each other had just been a coincidence.”
She nodded and said “Correct, but we were seated next to
each other on both flights in. That is a pretty big coincidence.
Then if you check the transactions for the hotel and the flights
that were made on separate credit cards I would bet they were
made within five minutes of each other. Finally you will
probably see that all bookings were made from a computer with the same IP address. I think all those coincidences together
will make a pretty strong case.”
He agreed but told her that she was probably still going to
be convicted if she got the appeal. She had brought the drugs
and that in itself was punishable. She agreed and said that she
knew that and that being a gullible dumb American was not going
to set her free but she didn"t think she would get sentenced to
twenty five years again if they could prove that her crime had
been one of stupidity rather than greed.
Nicandro agreed and promised to start making arrangements.
On the next visit he had the results from the finger print tests
and her prints had not been found anywhere but on the outside of
the package. Part 1 and 2 were completed. The credit card
company and airline had been resistant and would not release the
records of the transactions but he had the call to Jake set up
for next week. She told him that if the call would go well they
could use that to get a judge to order the credit card company
and the airline to release their records.
The next week they sat down with the phone and recorder
ready. She was nervous and prayed she would be able to stay
calm. She had learned to hate him for everything he had done to
her and for doing even worse to many other girls. She swallowed
away a lump in her throat as she dialed Jake"s number and there was no answer. She tried again and still no answer then on the
third attempt, it was answered. She heard his voice and had to
work hard not to immediately start screaming at him.
“Hello?” he said.
She paused and said “Hi Jake.”
It was quiet on the other side of the line for a few
seconds.
“Kim?” he asked and Nicandro"s face lit up.
That right there was already enough.
“Yes” she answered, “I just got out and need some money to
get back to the United States.”
It was quiet on the other end of the line again as he
realized his mistake.
“I don"t know you, leave me alone” he quickly tried to
cover up and the line went dead.
She looked at Nicandro and he nodded, “I think it"s enough”
he said and smiled.
She tried to smile back but the anger raging in her after
hearing Jake"s voice prevented it. Nicandro went back to work
and because the credit company and airline were based in the United States it took a little while before the records were
released, a month later they arrived. Nicandro came over
immediately to the prison with the good news. On both flights
Jake and Kim had been seated together and the credit card
records showed that the tickets were booked online four minutes
and thirty-five seconds after each other. The hotel rooms had
been booked three minutes and twenty-eight seconds after each
other and all transactions had been done from the same IP
address and thus the same computer. Nicandro promised to file
the appeal the next morning and did so but this time with the new facts in it.
Chapter 26:
Two months later Nicandro came over unannounced and not on
his usual schedule and said he had some great news. The appeal
had been approved and they would go back to court in March. That
was still six months away but she could live with that. She
should pursue a legal career he joked but really meant it. She
smiled and for the rest of the week she could not be happier.
She knew she wasn"t going to be set free but if they would
just bring it down to the original ten years then she could be
out four years after the appeal. Time went fast and Nicandro
prepared for the appeal like he had never prepared for anything.
Kim was happy with his efforts and did as much as she could. She
kept helping the other prisoners with their legal issues and
even helped Marcella Nunez, the daughter of the cartel leader,
to get a hearing set up. Marcella had a no visitation order. She
could not receive any visitors because of the position of her
father in one of the more notorious drug cartels. Kim had
arranged a hearing to quash the order based on the fact that she
was being punished for her father"s crimes. Marcella had offered her gratitude but Kim had stayed away from her as much as
possible, still it was good to be on Marcella"s good side.
In n
o time her twentieth birthday came and went and she was
ready to go to court. The day of the first hearing she was led
to the bus again with fifteen other inmates. This time she knew
over half of them and most of those she had assisted with their
legal problems. She welcomed the bus rides now. It had been two
years since she had been outside of the prison walls and even
though she was still confined, it gave her a small sense of
freedom. It was even cool to see how things looked outside the
prison. The bad neighborhood they passed through in the
beginning looked wonderful compared to life in prison. Three
years ago it hadn"t seemed so nice. They arrived at the
courthouse and to her disappointment she found out that there
had been some scheduling issues and her case had been postponed
to next week. She complained about it but in the end she didn"t
mind that much. Another bus ride she thought.
The next week things went better as her case was the first
one of the morning and they presented all the documentation that
they based their appeal on. Kim felt much better as she was able
to follow along. Twice she tried to speak but was shushed by the
judge and quickly she found out that the lawyers were the only
ones to speak so she just relayed everything through Nicandro. The prosecutor objected heavily to the new found facts and
the request to exclude the statement but the judge gave it merit
and decided that a new trial was in order. The trial would start
two weeks from now. Nicandro congratulated her and she was
returned to the holding cells.
On the first day of the new trial they managed to get the
statement excluded, which was a major victory. Now she could
write a new statement to be placed into the file. The new
statement would be the whole story. She would not be claiming
innocence but ignorance. She would leave nothing out and it
would be a lot more favorable than the old statement. The next
week the new statement was taken into evidence and next they
started to show how she had been played by Jake. She presented
the ticket and hotel bookings and along with his statement for
not knowing her it made for a good argument. They presented the
results of the forensics on the box and its content and as the
hearing passed the judge started to look less and less stern
when he gazed upon her.
They had had five hearings in total when both sides claimed
to have presented their cases. The judge excused them and he
would consider all the documentation and come back with a
verdict next week. On the bus ride back to prison she felt
content. She finally felt as if she had gotten a fair trial and while she knew she was still going to be in prison next week
after the verdict, at least everything would have been said that
needed to be said and the judge would make his sentencing based
on all the details rather than a small part of them. According
to American law she could have hoped for a not guilty verdict
but not in this environment.
The next week she got up and had breakfast. After breakfast
she was led to the bus again and there were only nine others
this time, the least she had ever seen. One of them was Marcella
and Kim prayed she would not be chained to her. Sure they were
on good terms but Kim decided the best way to keep it that way
was to spend as little time together as possible. The less time
they spent together the less time she had to say or do the wrong
thing and piss Marcella off.
Marcella was not known for being a forgiving soul and she
had a very short fuse so it seemed best to stay out of the blast
zone of Marcella"s explosive personality. To her relief her bus
partner was a young woman barely eighteen years of age and as
uncomfortable as a nun in a sex shop. She tried to make the poor
girl more comfortable and it had worked to some extent but Kim
had been a little preoccupied. For the second time she would
have her life in the balance. The first time she lost big. This
time she had nothing to lose and could only improve. One thing that she noticed was that there was a lot of
activity on the road in the beginning of the drive. There were
several people on the street and they were all men. Usually it
didn"t get busy on the streets until closer to the court house.
But she focused on her case and every now and then she tried to
comfort the girl sitting next to her.
In the holding cells she sat down and soon Nicandro came to
see how she was doing. She admitted she was nervous but
cautiously optimistic.
“It can"t get any worse than it is” she said with a smile.
Nicandro nodded and smiled back. The hearing was just after
lunch and the judge announced he had made his decision. She
stood nervously waiting for what would come. For a little bit
she was afraid she would get another twenty minute lecture on
Americans corrupting his beloved country. But when he addressed
her there was no sign of the harshness of last time. He almost
seemed apologetic as he spoke.
“I have reviewed all the documents and have come to the
conclusion that a crime was still committed. There has been an
attempt to smuggle two pounds of cocaine across our border into
the United States. There have also been some new facts that were
introduced but none of them clearly exonerating the defendant and the narcotics were in the defendant"s possession. Based upon
the Mexican law I have no choice but to find the defendant
guilty of the attempt to smuggle narcotics”, he said solemnly.
Then he paused. Kim had expected this part but now was the
part that she had been fearing and anticipating at the same
time. She had a hard time keeping herself together.
The judge continued “However the new facts have shown that
there are valid reasons to question the level of the defendant"s
intent or involvement. So I am ruling that the sentence be
reduced to the minimum sentence allowed for this crime which is
ten years in prison.”
Kim couldn"t believe her ears and tears started welling up
in her eyes. Nicandro hugged her and she felt this weight fall
from her shoulders. The judge seemed pleased with the reaction.
She turned to him and stammered a thank you.
“You will also be eligible for parole after two-thirds of
your sentence has been served. I am looking forward to seeing
you in three years Miss Brown” the judge said with a reassuring smile.
Chapter 27:
The news of the verdict had already reached the cell block
in the basement and the other women cheered as she came down.
Even Marcella seemed genuinely happy for her. This made her feel
good and she spent the rest of the day dreaming about the day
she would leave the prison. It would be at least three more
years but she would still be young enough to make something of
her life and she could go and see her mom and sister again.
At the end of the day they were taken out two at a time
again and transported to the bus. She was chained to Ma
rcella
this time. She thought about it for a second but she was in such
a good mood that she could handle being chained to her for an
hour or so. Hell, she didn"t care what they did this time. The
first thirty minutes of the ride were quiet and uneventful but
she noticed Marcella looking around the whole time. She looked
around too and five minutes later she noticed they were being
followed by a dark blue beat up Chevy van. They had reached the edge of the city and were heading into
the less crowded part of town. Five more minutes passed and she
noticed a truck broken down on the right lane of the road and
four or five guys working to change the tire of it. The bus
slowed down and as it moved over to pass the truck safely
another truck appeared from a side street and blocked the other
lane. The van stopped right behind and the bus was trapped. The
guards reacted in surprise and the driver quickly radioed
someone about the situation. The men that had been changing the
tires pulled large assault rifles out from behind the tire of
the truck where they had been hidden and covered their faces.
The guns were pointed at the bus and the guard refused to open
the door. A loud chain of noise erupted and glass and blood flew
everywhere as one of the men shot the guard. The guard slumped
to the ground in a heap. He was dead. There was no way he could
have survived that.
Then the man pointed the gun at the driver through the
window who quickly opened the door and let the men in and the
man that had unloaded his gun on the guard walked in first. Then
he paused as he stood over the guard and Kim could hear a soft
gurgling noise coming from the guard as he was gasping for a
breath. The man aimed his gun again and squeezed off a few more
rounds with no sign of emotion whatsoever and the gurgling sounds stopped immediately. The prisoners all dove behind the
bench to avoid being shot. Kim tried to duck too but Marcella
stood up and since they were chained together Kim went up with
her.
“Sandro, over here” Marcella yelled excitedly.
The man looked at her in recognition and nodded. Then he
pointed his gun at the driver and ordered him to open the caged
part of the bus where the prisoners sat. The driver complied and