Death Sentance

By Brian Stewart

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Death              
Sentance

By
              Brian Stewart

.

THE BLACK HAND

Rollo was kicking it with some of the homies one evening watching the news when he saw a drawing of his face on television.
" Marisa Lordes Ramona public defender for Paco Mendez is asking for help locating this unidentified Hispanic male in his early twenties which defense attorney Marisa Lordes Ramona claims to be one of the men who abducted Paco Mendez on the night of the Chop Shop killing of Big Pete Perez. Anyone having any information is urged to contact the Public Defenders office at 444-0994." The newscaster stated.
" Hey Rollo?" Pedro said guzzling a Corona. "That looks like you homes."
Rollo got up and turned off the television. "It could be a hundred different people. You want another beer Angel."
Angel was h-man nodding off on heroin. "Yeah. Whatever."
As Rollo went into the kitchen he realized he had played a dangerous hand in setting Paco up. He knew now for certain Paco could identify him. It had been a few years since he had done time for car jacking and it was in juvie but he wondered if the cops would cross check the records supposed to be sealed after he turned eighteen. If they did and the police were investigating he knew they could pin something on him. He wondered about the coin dealer whom they had sold the stolen coins to.... What would happen if he tried to pass some of the real identifiable ones?
He opened the fridge and grabbed out three more beers. It was going to be a long night. He knew he had to take a chance and tell his homies. He had to get to somebody on the inside to make sure Paco never talked again and after that they would do the coin dealer.
" Alright. One for you Angel, one for you Pedro." Rollo unraveled a few hundred-dollar bills from a big roll.
" That's a lot of cash man." Angel said. "What you rob a Circle K?"
" No, Food Giant man on Wednesdays when all the ladies go with their coupons. They are pumped with cash."
" I got more for you guys where that came from. Only if you want more, you got to help me out; you see there is a little dog and he talks more than the dog on Taco Bell."
" I dig that Taco Bell Dog man, Yo quero Taco Bell." Angel laughed.
Pedro picked up the three hundred dollars in front of him and fanned it about. "Who is this dog I'll put him to sleep forever."
Rollo smiled sadistically his mouth contorting as if it were a Halloween mask. "He's in jail for the Chop Shop killing. Little Paco."
" Why do you...?" Angel though out of his mind on drugs thought better than to finish the question.
" We need somebody on the inside. Who do we know?"
" Man everybody has already gotten their sentences and been moved to the big house. Even Bobby." Pedro replied. "Maybe we could do him in court."
" They check for weapons when you go in."
" My sister cleans for the city. Maybe she could go in early and hide a weapon. Then bam He's dead." Angel laughed at his stupid antics as he pointed his finger as if it were a revolver.
" No too many people there. We need to hit him in jail. It will be much cleaner there." Rollo spoke hearing his baby crying in the background." Maybe everybody ought to go home. My little hombre needs me."
Angel and Pedro got up exchanged gang style handshakes.
" We'll kick it again in a couple of days."
After they left Rollo went into the back carport where a small storage room was attached. He pulled the key from the ring around his waist and opened the door reaching for the small string tied to the overhead light switch. After swatting about he finally located it and pulled it. He dug around until he found the small cigar box and pulled it out unwrapping the rubber bands around it. Inside the gold coins glistened. He marveled how they never tarnished. He had kept back about twenty of them and had even kept record of their value. He knew the fence they had gone too had ripped them off when they sold the bulk of them but he was determined to get full value out of the ones he had left.
*

Chi Chi threw himself into fund raising. The Chop Shop murder was a high visibility crime and the public opinion was pretty evenly divided on Paco's guilt. Within two days he had managed to get himself a slurry of interviews and had opened the Paco Mendez defense fund at a local branch of Bank of America. The hardest one to convince of Paco's innocence was Juanita his wife. She believed that the police would have never arrested him if he wasn't guilty already. Nothing he could say could sway her opinion. He knew a lot of people thought that way.
The staff at NEUVA MUNDO was very cordial when he came through their door for his eleven thirty interview. The reporter, Bernardo Sanchez, looked like a young Antonio Banderas and fancied himself an up and comer. Chi Chi accepted their offer of Brazilian Espresso and after two demitasses found himself nervously moving about.
The interview lasted over an hour. The questions were well thought out and Chi Chi had a great opportunity to arouse sympathy among the Hispanic metropolitan population of the Valley of the Sun a population rumored to be well over thirty percent and rising. Chi Chi thanked them for their time and interest and left feeling he had really accomplished something
His next appearance was on a local Spanish Broadcast Los Oijos de La Cuidad - The EYES OF THE CITY. The host Bridgett Terronno was a shapely brunette with a flare for haute couture. Her husband's chain of jewelry stores were the primary sponsor and rumors had it the show wouldn't have lasted a season without his heavy financial infusions. Nonetheless she had become something of a local celebrity famous simply for being famous, not for accomplishing anything of significance. Chi Chi had appeared on her show when he was young right after he'd made his decision to quit boxing. She greeted him like he was an old friend.
" Chi Chi." Bridgett fawned brushing cheeks. "It has been so long."
" Eight years Bridgett." Chi Chi replied hoping his wife wouldn't make a big deal about the familiarity. "I am sorry I have not been back to visit you sooner."
" I see your name in the news lately and now I am told besides pastoring the Apostolista Evangelista you are trustee of the Paco Mendez defense fund. Why bother? Doesn't the Constitution guarantee him representation?"
" It does. For that I am glad. Our constitution guarantees each of us an attorney if we can't afford our own. That is what is unfair. Marisa Lord Ramono is a brilliant attorney, but how is one lawyer working on so many cases supposed to find the time to give enough attention to one with the serious implications this one has. A young man's life is at state here. Are you aware that because of inadequate representation and overzealous prosecution the Supreme Court has overturned 89% of the death penalty cases in Arizona alone?"
" Are you inferring that the state is going to ask for the death penalty?" She countered staring at him intently.
" The state seems determined to prove cold-blooded murder for gold a heinous crime. We have it from a confirmed source that they are going full bore after the death penalty."
" How can our viewers help? Why is it that you believe so fervently that he is innocent of all the charges?" Bridgett saw Chi Chi fervor and decided to help.
" I met Paco when he was hungry cold and tired. He had been sleeping outside next to our dumpster. Days later he saw an article about Big Pete's murder and said he had worked for him until he was abducted in the middle of the night. I told him he had to go forward and help the police - tell them what he knew. I assured him they wouldn't deport him. The last thing I expected was that he would be charged with the murder."
" So you feel responsible for him being charged with murder?"
" Totally." Chi Chi responded. "They treated him like he was suspect from the minute he came forward. They fingerprinted him took his mug shot. Here's a kid that doesn't understand his rights knows no English and then the next thing you know his face is plastered on the television news with a story that he's suspected of murder. It's loco. I need people to donate to his defense fund. We have a good picture of the man who abducted Paco and we need to hire an investigator. There are a lot of legal issues here in regards to defendant's rights, rules of discovery we need a hired team to assist. He's got no money and his lawyer is up against a staff of over seventy five with the state."
" Where can they send the money?"
" They can go into any branch of Bank of America and ask for the Paco Mendez defense fund. Every dime and every dollar will help."
" Well thank you for coming on Los Oijos del Mundo now a word from our sponsors Terronos Fine Jewelers with five valley locations."
*

The rest of Chi Chi's day was full of visits to smaller newspaper and several radio stations. He managed to get in to see Rita Houng at four-thirty right before the evening news.
Rita sat coldly in front of him her legs crossed. "You are asking us for an interview Pastor Conchera. I am afraid that just won't be possible."
" He wouldn't be in the trouble he is now Rita if you wouldn't have put him on the television to begin with as a suspect" Chi Chi pleaded.
" What exactly is it you want us to do?" She said warming up.
" Anything, just run a small announcement along with an update of he story and say that APOSTOLISTA EVANGELISTA has put together a defense fund for Paco Mendez charged with the crime of first degree murder and let the viewers know they can take their donation to any local Bank of America branch. I have press release right here."
" When?" Rita had made up her mind to run the story she knew she could talk her producer into it.
" How about tomorrow. Maybe you could do an interview with his defense attorney show everyone how overworked she is."
" You're right. It would be a good angle for a story. I'm not so sure the kid is guilty of murder myself. That's why I ran the picture of the alleged abductor. A lot of things about the crime don't make sense."
Chi Chi was encouraged. "What does make sense is that the police want to wrap it up in a tidy little package and remove it from view and the prosecutor wants to put a feather in his hat to wave around before the next election. It's no secret he's got his eye on the governor's mansion. It's all about politics and public image. This case isn't a showcase for justice. In boxing we'd say that Paco was being set up to take a fall."
" Something you're familiar with?" Rita dug.
" I could have been but I left before they made me. That's another story." Chi Chi looked at his watch and got up. "I've got to go home do some studying for our men's prayer breakfast tomorrow. I never got the chance to say it personally but I'm sorry about the death of Rudy Garcia your brother-in-law. If it would do any good give my condolences to your sister. Tell her if she ever needs to talk to anyone she can always reach me at the church."
Rita was touched that Chi Chi remembered. "I will and I'm sure it will mean something to her. Thank you Pastor Conchera."
Paco paced around the small cell in his pink coveralls. The color was an original idea of Sheriff Joe Arpaio meant to demean prisoners and teach the public that crime didn't pay. It was dinnertime and he wondered when they were going to open the bars and allow him to go to the mess hall. He had heard many people complaining about the poor quality of food but it was nothing like people had to subsist on in El Salvador. He glanced back at his cellmate. He never knew anyone could sleep so much in his entire life. He preferred watching television trying to learn a bit of English and staying busy.
He was glad he wasn't under full lockdown and that they allowed him to go to the recreation room. He found that his fellow inmates mostly stayed away from him. Several had asked him where he hid the coins and offered to help him sell them; others tried to intimidate him into giving them money. His cellmate, Hose, took the part of protector and warned everybody to leave him alone. The doors slid open. Paco went over and woke Hose up.
" Hombre." Paco said. "It's time for dinner."
The mess hall was packed with about two hundred men. All were wearing the same washed pink overalls, slippers and shuffling slowly through the line. Paco couldn't believe how much food there was. He felt the meals were filling and great. He had no problems with prison food. That evening they were serving fish and chips with a small coleslaw salad and tapioca pudding. He hoped his family was eating that well.
Paco ambled through the line trying not to bump into anyone. He took a seat at a table by himself. Everybody knew who he was. He was the most famous inmate on the cellblock. Several gang-bangers sat at his table they were joking with each other. One of them bumped Paco on purposes causing him to spill the punch on his food. They looked at him coldly when he reacted to their rudeness.
" What's a matter your fingers slippery man." The one who bumped him said.
Hose was just finished up in line and stopped to watch the interaction. Word was out somebody from the Black Hand wanted Paco dead. Hose had almost been tempted to collect the bounty himself. He wondered who would put out an open contract and when he figured it out he knew Paco had been framed for the Chop Shop killing.
There was an old saying that everyone in prison was innocent even when proven guilty but he was sure Paco was innocent. One of the gang-bangers was on his feet before Paco could react. The inmate had wrapped a thin cord around Paco's throat and was choking him. Hose flew over the tables knocking food everywhere. From under his waistband he grabbed a shank and swung at the attacker's eye. The man fell to the ground screaming. Paco looked unconscious. Hose pulled him away put him over his shoulder and rushed to the startled guards.
" Doctor!" He exclaimed. "Paco needs a doctor."
The guard opened the metal gate and rushed Hose through until they came to an infirmary. Paco's face had turned a pale blue and the attendant put a mask on him and immediately began feeding him oxygen. It took a few moments for Paco to regain consciousness. Paco woke up scared alone and in pain. Hose had already been escorted back to his cell. Paco didn't even know what he had done for him. Paco glanced over at the inmate who had attacked him strapped down to a gurney wearing a huge bandage over his eye. He couldn't recreate in his mind what had even happened all he remembered was suddenly passing out.
*

The story broke big time on the morning news. The warden had called Paco's lawyer to tell her what had happened. The attempt on Paco's life made Chi Chi more and more in demand unexpectedly from all over the country people began contributing to the Paco Mendez Defense Fund. Before long they had collected nearly thirty thousand dollars. Chicanos Por La Causa got behind the story and began to raise bail money to get Paco out before the trial.
*

Marisa campaigned for a bail hearing and arrived in court accompanied by several paid staffers and Chi Chi.
" All rise for Honorable Margaret Hull." The bailiff spoke.
Marisa glanced over at Ted Randall who was wearing what was obviously a handmade striped shirt with navy blue collar and a cream color suit she was sure was Brooks Brothers. She wished he hadn't made such a vendetta out of Paco's case and had kicked it down to one of the younger DA's. She knew there was no such luck coming her way.
" We have a petition here by counsel to set bail for Paco Mendez charged with two counts of murder. Before I rule on this motion are there any objections."
Ted Randall was up before the judge even finished her statement.
" Your Honor." He stated as if it were a matter of life and death. "The state strongly recommends against bail a charge of first degree murder is not a bailable offense. This man has no ties to the community and is a serious flight risk and that is not to mention the heinous nature of the crime for which he is charged."
Marisa stood up boldly. "Your Honor. Paco Mendez is not a flight risk. A very upstanding member of the community has agreed to house and feed him until the trial. He has already been the victim of gang retribution and although he is charged with two serious crimes he is innocent until proven guilty and this whole case rests on very circumstantial evidence. Several victims' rights groups have stepped forward to guarantee his bail your Honor, this man should not receive second-class treatment just because he is a citizen of another country. If our jail system can't guarantee his safety until he goes to trial then they should allow him free on bond. Look at him your Honor. How can he be threat to anyone? He's a young boy."
" Mr. Randall. I am inclined to agree with the defense. I have a certificate here guaranteeing bail of $500,000 dollars as well as a written commitment from a distinguished member of our community willing to watch over him until the trial. I don't see any reason to deny bail."
Randall stood in full theatrical form. "Your Honor, no one wants him free on bond. All he has to do is wake up one morning and slip out of the country easier than he slipped in. The State and its citizens are responsible for the administration of justice, which demands the prosecution of a person charged with crime. It cannot be done if the person vanishes."
" Mr. Randall. Paco Mendez's face has been splashed across every newspaper television show. I would dare to say he is a recognizable as O.J. Simpson was."
Marisa bent down to speak to Paco. She stood up and faced the bench. " Your Honor I have an unusual request. I know it is not common for a client to speak at his own bail hearing but Mr. Mendez would like to address the bench. I will be happy to interpret for him."
Paco stood up nervously and looked over at the prosecutor and the judge and speaking slowly in Spanish with Marisa translating as he spoke. "It is true. I am a stranger in your country and would like to go back to my home in El Salvador. I came to the United States to find work. In my country there is very little opportunity and we had many children in our family. I will not run home. I am innocent of killing anyone. I know the truth. You have my word that I will not leave. I fear for my life in jail. Perhaps the same people who killed Big Pete now want me dead as well for I am the only one who can identify them. God sent me a protector in my cellmate Hose Ortega, perhaps next time when they try to kill me I won't be so lucky. It is my right in America to have a fair trial. I want to go to trial. I don't want the death sentence before I even get the trial."
Ted Randall sat down shamed. He shuffled through his briefcase and didn't even glance over at Paco. He made a show of putting his files away.
" I am going to set bail at $500,000 dollars. Mr. Mendez you will be staying with the Reverend Conchera please don't forget your promises." Hull slammed her gavel.
Outside the courthouse the news media was twenty thick. Reporters from CNN, 20/20, USA Today lined up for questions. Every major network had sent a reporter and video camera person to capture the release of Paco Mendez. Chi Chi and several members of his congregation walked next to Paco and stopped so he could answer questions.
" Is it true Mr. Mendez the real criminals are the ones who ordered the hit?" A blonde woman asked him in Spanish shoving a microphone in his face.
" I would be dead if it were not for my brave cellmate Hose Ortega." Paco responded.
" Pastor Conchera how will you protect him now that the judge has released him in your custody?" A well-dressed black reporter from CNN asked.
" I will leave the protecting up to God. Our whole church is praying this nightmare will end. Men from the church have volunteered to keep watch. Also many brothers from Chicanos Por La Causa will be patrolling the church grounds. Excuse us please."
They pushed through the throng of reporters and got in Chi Chi's car driving off.
" Well amigo, you are free again. How about some lunch?"
" It would be good Pastor. I can't begin to thank you. I could use some good food."
" Great then." Chi Chi responded. "I know just the place. It's the middle of the afternoon, there shouldn't be much of a crowd."
Chi Chi pulled into the parking lot of Macayo's on Central. He handed Paco a pair of sunglasses so he wouldn't be so recognizable. They got out and approached the building, which resembled a Mayan temple. The hostess sat them immediately without a thought as to who Paco was. They ordered and were enjoying their lunch when Brigitte Terrano came over with an unidentified girlfriend. She stopped.
" Twice in a month Chi Chi. She snuck a glance at Paco. I guess things went well with your campaign. You've managed to get him released. Word travels quickly. I don't suppose you could come by the studio tomorrow. We'd like to do a follow up interview with you and Paco as well."
" I think that would be fine Brigitte. By the way allow me to introduce Paco Mendez the alleged Chop Shop murderer."
" This is my friend Tammy Moses. She's our stylist." Bridgett introduced her shapely blonde friend."
" I understand you used to be a boxer." Tammy spoke.
" Yes." Chi Chi reflected. "I went a few rounds in my time."
Looking at Paco she said in Spanish. "I hope everything goes well with your trial."
" How about ten A.M. would that be O.K.?" Brigitte asked.
" We'll be there sharp. Nice seeing you." Chi Chi was overwhelmed.
Paco couldn't believe that he was experiencing freedom after the cramped quarters, no sunlight, and the depressing ever present gray and faded pink colors. He finally had a chance to breathe free air. It was a monumental experience for him.
" Thank you for helping to get me out senior." He kept repeating as graciously as he could.
" I think we need to find the fellows who set you up. I've talked to some of the other pastors. Some have pretty good gang contacts. We're going to put a price on that fellow's head. The one you call Rollo."
" You think it will flush him out?" Paco said.
" If he was stupid enough to stay in town we'll find him and Juan as well. Police want to prosecute someone for this murder. It might as well be the person who really did it! If we are going to prove you innocent we are going to have to find the guilty person. Not many investigative agencies in this country ever dig for information to prove someone innocent"