HARD TIME

While Paco sweated on the crowded Madison Street cellblock, run by one of America's most notorious sheriffs, Sheriff Joe Arpaio, Rollo was on a spending spree living large and getting his automobile and pad tricked out. His short-term guilt about setting up an innocent man had evaporated. He was glad the heat was off him even if it meant an innocent man would most likely go to the gas chamber. He lavished his girl friend and baby with clothes, toys and presents and smiled at his automobile's fancy mag wheels and airbrushed paint job. In his mind, his future prospects had never looked brighter.
*

Chi Chi couldn't have felt worse. He flayed himself for suggesting to Paco that he go to the police station to begin with. The episode with the arrest had played badly for the church making it appear that the church was in the business of harboring criminals and illegals. Several of their older members, some who had been American citizens for over three generations left the congregation. Chi Chi's conscience kept telling him to visit Paco and offer some kind of encouragement. He knew it would be awkward but decided to swallow his pride and do it. He knew it was right.
That morning he read the book of Isaiah and the words about releasing the prisoners really hit him hard. He knew that almost everyone in America on death row was of indigent status and believed that somehow in this one case the church could make a difference.
*

The city jail waiting room was packed. Women with young children, babies crying, mother's with worried looks, girl friends, brothers and sisters were all waiting to see family and friends locked behind bars. After a forty-minute wait, Chi Chi was shown to the visiting area. Paco looked relieved to see him but Chi Chi couldn't believe how small and frail he appeared. He wanted to hug him but read the sign that said NO PHYSICAL CONTACT PERMITTED.
They sat across from one another at a metal Formica table finally Paco broke the silence.
" Thanks for coming to see me."
" I'm sorry I didn't come earlier I feel like your being here is my fault. If I wouldn't of...."
" Don't blame yourself. I know you were only telling me to do what was right. What happened to me is not your fault."
Chi Chi reached in his pocket and pulled out a small New Testament. "I brought you a Bible. The Psalms and the Proverbs are in the back. If it is any consolation to you Paul wrote most of the Bible from a prison cell. Are you doing O.K?"
" They only let us out ten minutes a day for exercise. The food is good. There is not much to do except some reading and watching television. Everybody thinks I murdered the guy so nobody really bothers me.'
" Do you have an lawyer?'
" Yea." Paco smiled. "It's a lady Marisa. She is trying all she can to help me. We go into court tomorrow maybe you can come meet her."
" What time?"
" Ten O'clock Division One. Here's the paper."
Chi Chi read the notice and wrote down the time and place.
" Anything else I can bring you?'
" A bus ticket home." Chi Chi smiled
" Just remember Paco, God never lets any of us down. He's always with you even when everything else seems to be against you. He never forsakes you. There is no judge who doesn't serve at God's direction no jury that is convened without Him being the foreman. He is the judge of the whole earth and ultimately His will and purpose will be served."
" I told my family I would stay in touch with them once I got situated. If I tell my mom what has happened to me it will break her heart. I was their big hope, the one who was going to break through our circle of poverty and become somebody; instead I'm in worse shape than all of them. This is her address could you write her maybe send her some books from the church."
" Yea." Chi Chi answered. "I can do that. I'm gonna be here for you Paco. I talked it over with the elders at the church. They have agreed to start a defense fund for you. There is only so much a public defender can do for you. American law says you are innocent until proven guilty. The press is already taking measurement for your coffin. It's not right."
A guard walked up to them and escorted Paco out. Chi Chi watched as he tried to walk with the manacles on his legs. It reminded him of the slaves in the movie Amistad.
*

The next day Chi Chi was in the front row of the courtroom, it was packed with news media for the pretrial. Chi Chi was there with his wife and their young daughter. He took a seat behind Paco who was sitting at the table with Marisa. The prosecution was leaving nothing to chance. The elected country prosecutor himself, Ted Randall, was at the trial table next to him were four of his assistants each one with serious looking satchels and briefcases. Paco was petrified. He was definitely a sheep among wolves.
" All rise for her Honorable Margaret Hull."
Paco stayed seated until his attorney grabbed his arm and drug him to his feet. After she sat they all sat down. Marisa motioning to Paco to sit as well."
" This is the formal arraignment for Paco Mendez citizen of El Salvador. Ladies and gentlemen, this is not a trial. We are here to see whether there is sufficient cause to bring formal charges against the defendant; I see you have come personally Mr. Randall, nice to see you again. Is the prosecution ready to proceed with the people's case?'
" Yes your honor, the state is ready. We'd like to call for our first witness ballistics expert John Quigly."
Mr. Quigley was a bulky man. He ambled up to the witness chair. He was dressed in a sport jacket. His tie looked largely out of place on his bulky form. His collar was too tight for his neck so it was left unbuttoned. The navy blue striped tie, which looked like a throwback to high school or prep school, was pulled up to try and cover the gap of the open collar. He sat down looking winded from his short walk to the witness box.
" Do you swear to tell the truth the whole truth and nothing but the truth so help you God." The bailiff intoned.
" I do." Quigley stated, he had testified almost weekly but he never felt comfortable.
Randall walked up to the witness stand and tugged at his tie waiting until every eye was on him. After asking Quigley a few questions to establish his background and credibility he came right to the point.
" Did you examine the bullet that had been removed from the deceased, Big Pete's body?"
" Yes. I determined that it was a thirty eight caliber."
Randall walked over to the prosecution table and retrieved the gun and carried it over to Quigley set it in front of him.
" Would you take a look at that gun please?"
Quigley took a look at it and checked the serial number on the bottom.
" Have you ever performed any ballistics tests from bullets shot out of this gun Officer Quigley?"
" Yes. The department performed the standard ballistics test shooting bullets from various distances. When we examined the bullets we concluded that it was most likely the same weapon used to shoot the bullet found in the body of Big Pete."
Marisa stood to her feet. "Objection your Honor. Prosecution is calling for speculation from his own witness."
" Ms Ramono. You know this is a preliminary hearing to determine if formal charges should be brought against Paco Mendez. You can cross-examine. Objection overruled."
Randall gloated at her. "Let me rephrase the question a little differently Officer Quigley. What are the odds this gun wasn't used to kill Big Pete?"
" Almost nil. Every gun when it is manufactured has boring marks. No two boring marks are the same. They are like fingerprints everyone has different ones."
" Did you perform any tests to see if the gun had been recently fired?"
" There was a small amount of powder residue. It appears that the gun had been fired in the past two weeks."
" No further questions."
As Randall took his seat Marisa walked up with her note pad.
" Officer Quigley. Were any of the defendants fingerprints found on the gun?'
" No, the gun was wiped clean of all prints."
" Was there anything to tie Paco Mendez directly to the gun or place him as the shooter?" Randall could not believe Marisa would give Quigley, an old pro, such an opening.
" As I understand it mam, the gun was found right outside his window the night the cops were going to bust him. Maybe you'd better ask him if it was his gun." He smiled at his cuteness and the spectators in the courtroom laughed. The judge didn't.
" Officer Quigley. This is a court of law not Comedy Showcase. Please limit your answers to the questions asked not your own speculations." The judge stated.
Marisa embarrassed regained her composure. She saw clearly the uphill battle she would have during trial. "Outside of the fact the gun was found near where Paco Mendez was staying is there anything else that ties him to the gun?'
" No." said Quigley, still pleased with himself.
By introducing Quigley's testimony concerning the ballistics' test, Randall had proved in court that the weapon found outside of Paco's window was indeed the same
" Your Honor. I would like to move that the court disallow the murder weapon into evidence." Marisa wondered how she was going to overcome the incredible circumstantial evidence against her client.
Randall stood to his feet. "Objection your Honor. The murder weapon is crucial to the case. Ballistics has already proven that it was the weapon used in the murder."
Marisa knew that a major part of her defense rested on getting the weapon thrown out as evidence.
" Your Honor anyone could have planted that gun outside Paco's window including the real murderer. It wasn't found in a police search but on a staged news event prompted by an unidentified caller. How can we mount a defense against circumstantial evidence? To include this item into evidence would be a travesty of justice."
" Miss Ramono. I am going to grant your request and not allow the gun to be introduced by the prosecution as evidence but I will allow the prosecution some latitude in their questioning of the defendant concerning the finding of the murder weapon outside of his window that is a fact you will have to accept."
Randall walked up to the judges bench confident of ability to bend the judge anyway he wished.
" Your Honor the state would like to move that this case be set for trial - Murder in the first degree."
" Your Honor perhaps the prosecution has forgotten that the defense also gets to present witnesses during a preliminary hearing. We would like to present our first witness Pastor Chi Chi Conchera."
" You may present your witnesses Ms Ramono. Mr. Randall the court is interested in hearing both sides before it agrees to a trial."
Chi Chi walked up and took the oath and after he had gotten a bit more comfortable Miss Ramono walked up to him and looking at her notepad began asking him questions. 'Could you please identify yourself for the court.
" My name is Chi Chi Conchera pastor of Apostolista Evangelista in Guadalupe."
" Could you tell the court how you met the defendant Paco Mendez?"
" I found him sleeping outside on the church grounds and offered him a place to stay?"
" Don't you have young children and women attending your church?"
" Yes we do." Chi Chi replied.
" Then isn't it a bit risky just letting some stranger stay on church grounds?"
" Yes I suppose it could be but Paco presented no threat if he were not incarcerated now he would be welcome to stay at the church even now."
Marisa glanced over at the Judge and noticed the surprise in her face. "When Paco came to you was he carrying anything heavy that perhaps could have been a rather large bag of gold coins?"
" No." Chi Chi chuckled. "Someone with a five hundred thousand dollar bag of gold coins certainly wouldn't be sleeping outside on the lawn by our dumpster. When I met Paco he was hungry and homeless."
" What did he tell you about himself?" Marisa questioned.
" I asked him where he was from and how long he had been in the states. He told me about a week and that he was from El Salvador."
" He never told you he had worked for Big Pete's."
" Not until later, he spotted a picture of Big Pete in the newspaper and asked me to translate the story for him."
" What exactly did he say?"
" He said a guy named Juan whom he met on the bus coming up from Tucson helped him get the job but he had only worked one day and then he was run off in the middle of the night and given sixty dollars and told never to return."
" Did you find his story plausible?" Marisa questioned.
" Objection calls for speculation on the part of the witness." Randall stated.
" Miss Ramono please just ask direct questions."
" Reverend Conchera did you believe him?"
" Objection again your Honor." Randall stated. "Calls for further speculation."
" Your Honor. I am trying to establish my client's credibility. Whether someone believes him or not especially when that someone is the person who encouraged him to talk with the police in the first place is a crucial fact for the establishment of the innocence of my client."
" Very well, Ms Ramono. I am going to allow some latitude here. Mr. Randall this is a preliminary hearing please save your objection until afterwards and I will note them."
The Reverend continued. "Yes. I saw no reason not too."
" How did it come about that Paco went to the police?"
" I encouraged him to tell the police what he knew about Big Pete."
" What prompted you to do that?"
" I guess it was my sense of civic duty."
" In looking back at what happened do you regret your decision?"
" I trust that God will work it out. I believe the boy is innocent of murder. I believe that someone is trying to frame him. I know he is in our country illegally but the Bible instructs us to be kind to strangers. Our church has started a defense fund. We want him to know that no matter what happens the congregation of Apostolista Evangelista is behind him. We're going to stick with him until he is exonerated of all charges."
Several members of the congregation sitting together applauded.
" Please this is not a public forum. It is a court of law. No more outbursts please."
" I have no further questions your Honor." Marisa stated returning to her seat at the defense table.
" Mr. Randall would you like to cross examine the witness?"
" No your Honor." Randall stated. " The people will pass."
" Very well. Pastor Conchera thank you for your testimony you may step down." The Judge spoke. "We are going to take a one hour recess for lunch."
The bailiff escorted Paco back into the small holding cell at the courthouse. Marisa turned to Chi Chi.
" Pastor Conchera. I would be delighted if you would join me for lunch. If your wife wouldn't mind."
" That would be great."
They agreed to go to the Chinese Gardens located just a short walk down from the courthouse. Marisa got right to the point.
" I understand you have started a defense fund for Paco. I have no doubt he'll need one. To mount a defense for first-degree murder is quite a formidable challenge. Do you have any idea how much an average defense cost?"
" Twenty thousand dollars?' Chi Chi guessed.
" No more like fifty. This is not my only case. I have many others, which I am trying to get my boss to switch to the other public defenders. Although I will do my best I'm afraid even my best is not going to be adequate. I have no investigators to even go after the few leads I have. It's simply not in the budget. Although the constitution gives everyone the right to an attorney it does nothing to put the quality of legal services available to them on equal ground with the prosecution. We are simply outgunned."
" What do you suggest we do?"
" You've got to tell your story and try and raise support for Paco. Speak at civic functions get yourself involved with the Hispanic community. Book yourself on television talk shows, newspaper interviews, radio shows. See if you can get any Hispanic movers and shakers to contribute."
" Make it a cause?" Chi Chi questioned.
" It is a cause. It is about real rights. The real right to an adequate defense not just an overworked public defender crushed under a full caseload fighting against a well funded prosecution."
" I can do it. I've been in front of the media before."
" I know. I saw one of your fights on television."
" How did I do?"
" You did great, you won." Marisa laughed. "Everyone was surprised when you retired from the ring and went into religious work. Do you mind if I asked what prompted you?"
" I couldn't relate beating people's brains out with Christ's message of love and forgiveness. Plus there were people - big money people begging me to take dives, go so many rounds basically a lot of dishonest things."
" You walked away from a lot of money?"
" I walked away from big money and now I'm just a poor preacher. I did however put aside some money for my retirement and for my kid's college education so we're doing O.K. Anyway I'm sticking with the homies helping people get straight with the main man. You know."
" When I was a little girl my mom used to take me to church. I just remember I had to be real quiet while the priest was doing his sacrifice."
" You mean communion?'
" Yea. Somehow the whole thing just left me out. Now I don't pay God much mind. He does His thing I do mine."
" That not the way he wants it you know."
" What makes you so sure?" She eyed him.
" I just know. God is love. He made us to be loved and to love. We are made in his image and likeness. That is why love is so important to us when we don't have it we try and fill it with other things but nothing ever really satisfies. Ever met somebody real real rich?"
" NO."
" I did. When I was boxing I met plenty of them, gold hanging from their arms and necks more cars than an airport parking lot, fancy homes, planes you name it they had it. But still they were insecure. They were worried somebody might have more than them. God gives us a confidence nothing else or no one else can. My father was a tough man. He worked as an auto mechanic, soccer player, and he had muscles hard as a rocks. One time several kids in the barrio took my new bicycle. I came home crying. My dad walked with me to the dirt lot where they were taking turns riding my bike down a hill crashing it. As I walked next to him it felt that nothing in the world could harm me. I was secure. He got my bike back and none of those boys bothered me again."
" So that's how you feel now about God?" Marisa was spellbound.
" It's more. You see I know God became a man and lived among us. The word became flesh and the word was God. Jesus wasn't just a cute little baby. He was God. He was tough and he was tender. When he needed too he kicked butt. But when it came down to the real purpose for being born he didn't shy away. He came to die. He died for me. Died for you so we wouldn't have to live eternally separated in our sins. He gave us a way to get back to God to be loved by him and love him. To put aside our old man our selfish wicked hearts."
" I never heard it like that before." Marisa thought aloud.
" It's for you." Chi Chi added. "You don't have to fly solo. God will be there when nobody else is. All you got to do is pray and then hang with Him everyday. Read his word seek out a place where others that follow Him worship. You'll never regret it. Would you like to pray?"
" Yea. I can use all the help I can get. It seems no matter how many resolutions I have made how many attempts I have made to work things out I never could. There was always something pulling me down making me like crazy."
" That's sin. Rebellion. The creation saying to the creator no! I want to do my own thing. It's insane. Like a car telling you it don't want gasoline in it's tank it wants coffee."
" I see what you mean. That's what I've been telling God. I don't need your help running my life I can do it myself."
" Right. " Chi Chi smiled thinking she was getting it. "Only when we run it ourselves we always run it into the ground. Our best efforts are never good enough. Let me ask you do you believe Jesus Christ died on the cross and rose again from the dead?"
" Yeah. I think I've always believed it."
" Are you tired of your sins and doing things your own way?"
" Definitely. Sick and tired."
" Then pray with me. God I don't want to be apart from you anymore. Forgive my sins. I believe Jesus died to pay for my sins and He rose from the dead. Come rule in my heart. I surrender control of my life to you. Only you can ever satisfy my emptiness. Take me God body soul and spirit. I am yours. Take me eternally and never let me out of your hands. If you see me walking away draw me close. Deliver me from evil and lead me not into temptation. Amen"
Marisa looked up after praying. There were tears in her eyes. People in the restaurant looked at her crying but she didn't care. Nothing mattered. The peace she had sought for her entire life had come into her heart. Her quest for significance that got her through the university, law school, beating impossible odds had been answered. She was significant to the one who mattered most -her Creator.
In spite of the best performance of her career Marisa Lordes Ramona couldn't prevent Paco Mendez from being charged with two counts of murder one. The circumstantial evidence against her client shouted out too loud. The state had produced witness from the various coin shops establishing the value of the missing gold pieces. They had shown 20" by 20" enlargements of Big Pete's decomposed body. They had established motive and opportunity; the judge set the case for trial.