Julio – The Growing Years

 by: Miguel Sanchez

© 2006-2008 by the author

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

I could see the gears working in Peña’s head and he thought over what I said. “Oh alright, I won’t press charges.”

I felt better when I heard that as I watched Danny put him in the back of his car. “I’ll have Raul bring your car over in the morning and take him to work Miguel.”

I led Joey and Robbie towards the building then waved to Danny. “Thanks Danny and tell Raul thank you too.”

Chapter 25

I took the boys inside the home and walked with them to their room. Joey looked up at me and said, “Thanks Miguel. I know I shouldn’t have hit him but what he said just made me so mad. It was like getting hit with that belt all over again.”

Robbie wrapped his arm around Joey who started to get a little upset. “If someone had done that to me, I don’t think I could have stopped at just one punch. He deserved that Joey.”

I gave them a hug and kiss and said, “Don’t forget your shower. I’ll see you in the morning.”

I headed towards my room but I saw Guillermo standing by his office holding a cup in his hand motioning for me to come. I walked to his office where he handed me a cup of coffee. “This was an interesting evening Miguel.”

I sipped my coffee and relaxed on his sofa. “Yes it was, to say the least. It’s nice that Joey’s Uncle will finally pay for what he did to him. I know he won’t get what he really deserves but it’s something.”

Guillermo sipped his coffee and looked down the hall of the boy’s wing. “I saw Joey lash out at his uncle and it was deserved, even though it was wrong.”

“Yes it was,” I said finishing my coffee. “I had to make a deal with the devil but Peña won’t press charges. I didn’t want to see Joey go through that.”

We washed our cups up then I headed to my room to get ready for bed. I got undressed then took a shower to finish unwinding. After I got out, I slipped in between the sheets and that was it until morning. 

At the Sheriff’s Office, Danny was booking the three men into the jail. Danny had Ruben Peña to book and he was having trouble concentrating because Peña would not shut up. “If you don’t sit there and be quiet, I’m gonna hit you just like Joey did.”

“Yeah, you guys are just lucky you had these handcuffs on me,” He started again. “If not I’d have beat him like I did before.”

Danny couldn’t believe what he just said. “You know I’ve read you your rights and you even signed the paper confirming that then you admit to hitting him. Are you crazy?”

Peña was sitting there with a smug look on his face. “Do you really think I’m going to be prosecuted for this? If you think I am, you’re the one that’s crazy.”

Danny thought to himself, “You’re the one that’s crazy fool. You don’t know the judges here.”

Danny finished his paper work then put Peña in a holding cell for the evening then left to get back home for some much needed rest.  

The next thing I remember I was being shaken by José. “Come on Papa Miguel, wake up. The pool guys are here. Wake up Papa Miguel.”

I cocked one eye open and José was climbing onto the bed. I closed it back to wait for him to start shaking me again. As soon as I felt his hands on my chest, I quickly wrapped my arms around him and started tickling him. “Now what you gonna do little one?”

“Hehehe Papa Miguel. Hehehe stop hehehe please hehehe.”

I held him in a hug but stopped my assault on his ribs while he calmed down. I gave him a kiss on the head then let him go so I could make it to the bathroom. “Tell Guillermo I will be right there José.”

I heard him take off out of the room running. “Guillermo, Papa Miguel will be right there,” I heard as he ran down the hall.

I got dressed and headed to the back door. I saw Guillermo and the pool guys surrounded by 10 children bouncing up and down like it was Christmas Day. I saw Hanna starting to bring breakfast out and the smells were making my stomach rumble. I decided to rescue the pool guys so I opened the door and said, “Come on kids, Hanna is putting breakfast out. Come get your hands washed.”

I had to quickly move out of the way or risk getting trampled by 20 feet. I saw Guillermo unlock the gate then go inside. I fixed myself a cup of coffee and sat down at a table to wait for the kids to make their return. Guillermo came in and sat beside me giggling. “You’d have thought they hit the jackpot the way they were jumping around out there. The men said it would take about an hour to check everything out and if there were no problems, they could clean and add the chemicals needed so they can swim.”

I was about to reply when I heard the pitter patter of little feet heading towards the dining area. I was about to say something to them when the thunder suddenly disappeared and 10 children walked into the dining area. They took their places and started digging in. Fortunately for Guillermo and me, Hanna makes our plates and brings them into us. For the next 15 or so minutes, the only thing that was heard was the sound of forks hitting plates. When the children finished eating, they took their plates and glasses into the kitchen then went to clean up their rooms. While the kids were busy, Guillermo and I decided to go to our offices and get some work done. 

At the jail, Danny was busy getting the paperwork sorted out on the men that were arrested over night. He had to go through the arrest reports and pull copies out for the ADA (Assistant District Attorney) so charges could be properly filed. He had just finished making folders then he walked into his office. “Good morning Ms. Ruiz. We had three arrests over night. One guy is a real piece of work.”

She opened the file of Ruben Peña and started reading. “Is this true? Did he really admit to this after being advised of his rights?”

“Yes Ma’am,” Danny said shaking his head. “I tried on more than one occasion to get him to shut up but he kept running his mouth.”

“Well this has made our job a lot easier because of his statements. I see a tape in here. Did you tell him you were recording his conversations?”

Danny quickly made her a copy of the form of Peña giving his permission for the tape recording. “Here you go. I finally got tired of writing so I pulled out the tape recorder.”

Ms. Ruiz finished reading the file then closed it setting it on Danny’s desk. “I’ll listen to the tape then speak with Mr. Peña. Do you have a machine I can borrow?”

Danny took her over to the booking desk and pulled the tape recorder out. “Here, you can use this one. Oh, Mr. Peña’s attorney is here with him.”

The ADA nodded her head then put the tape into the machine and started listening to it. After listening to the tape, Ms. Ruiz asked the Desk Deputy to take her to see Ruben Peña. The Deputy led her through a heavy door leading to the cells. They walked past them and to a large room with two men sitting inside and a Deputy watching them. The Deputy unlocked the door and Ms. Ruiz went inside. “Mr. Peña, I’m Victoria Ruiz. I’m with the District Attorney’s office.”

The men stood while Ms. Ruiz took a seat. The men sat down and Peña said, “This is my lawyer George Davis.”

Ms. Ruiz looked at the men then pulled out the tape. “This is a very damning piece of evidence Mr. Davis. On it, your client admits to beating his nephew on two separate occasions.”

“What all are you charging him with?” Mr. Davis asked.

Ms. Ruiz pulled the charge sheet out. “Impersonating a Deputy for starters and then trespassing. With the admission of the assault on the boy, two counts of assault on a minor. Also there is sufficient evidence to charge him with child abuse and child abandonment.”

“Hey wait a minute,” Peña said getting upset. “The Sheriff and I had a deal. The boy lives over at that home and when I was handcuffed, he slugged me.”

The ADA sat there as Peña told her more about the deal. “I will have to talk with the Sheriff but I don’t think he had the power to make any deal with you.”

“What?” Peña screamed. “If he can’t offer me a deal, I want that little shit charged with assault.”

“He’s a boy sir,” the ADA said surprised by the sudden turn of events.

“A boy,” Peña shouted as his attorney tried to calm his down. “He’s got to be 15 at least. I don’t see that as a boy.”

“Very well Mr. Peña,” The ADA said as she put her papers back together. “I’ll talk with the Sheriff and file the charges.”

Ms. Ruiz stood up and headed to the door. The Guard unlocked it and let her out. She walked to the front to the jail. Danny was fixing himself a cup of coffee and saw her when she came back into the room. “How’d your interview go?”

“Did you make a deal of some kind with Mr. Peña?” she asked coming over to the coffee pot.

Danny added cream and sugar to his coffee then took a sip. “Sorta, but I thought it was in the best interest of justice and the law.”

She fixed here coffee then sat down at an open desk. “What made you think that?”

“Look ma’am,” Danny said leaning against the counter. “That happened over a year ago. The evidence will be weak but he’ll be in jail for the other crimes. The boy is 15, he’s in a Children’s Home where he’s safe and cared for and he finally has a chance to make something of himself.”

Ms. Ruiz took a form out of her briefcase and started writing. “He should have thought of that before he hit someone in handcuffs.”

Danny was slightly irritated at her attitude. “Lady had you been there last night, you wouldn’t be saying that.”

She pulled off the top sheet of paper then said, “Here is petition Sheriff. I want him picked up and held.” 

Back at the home, Guillermo and I got a lot accomplished mainly because Jackie kept the kids busy doing some cleaning then taking them out back to burn off some excess energy. José came into my office and snuggled on my lap. “Can we go swimming Papa Miguel?”

I looked at my watch and it was almost lunch time. “After lunch I’ll get Sammy and you all can go swimming.”

The little guy hopped off my lap and was out the door to tell the others. Guillermo and I finished up our work then headed to the dining area for lunch. We stopped at the door leading out to the play area and watched the kids playing soccer. It was quite a sight as the girls were running rings around the boys. I saw Jackie stop and look at her watch then motion the kids to come inside. The kids made a beeline towards the door and once again I had to move quickly or be trampled. While they were washing their faces and hands, Hanna came in with Guillermo’s and my lunch plates. The rest of the food was set on the tables for the kids. For lunch, Hanna and her staff made homemade BBQ, fresh coleslaw and baked beans. When all the food was devoured, the kids cleaned the tables and carried the dishes into the kitchen. Guillermo and I were talking when I had another lap full. José once again made himself comfortable. “Can we go swimming now Papa Miguel?”

This child was nothing, if not persistent. “In a little while son. You all just ate a big lunch and we don’t want you all getting tummy aches.”

I could see the wheels turning in his head as he tried to formulate a comeback. “My tummy is just fine, see?”

José proudly lifted his shirt and showed us his now distended belly. I couldn’t resist the temptation so I took my finger and wiggled it in his belly button. The little boy squealed with laughter. “Stop please Papa Miguel, hehehe.”

I stopped my tickle assault as José hopped off my lap then stuck his tongue out at me as he ran off down the hall. Guillermo and I made our way back to our offices to try to finish up a few things. It took me about thirty minutes to look over some paper work and a food order then I was ready to join the kids in the pool. I was about to go to my room when the phone rang. As I was going to answer it, the phone quit ringing. “Miguel, you better take this call.”

I picked up my phone and said, “Miguel Sanchez here.”

“Hi Miguel, it’s Danny, I wanted to call you first before just coming out there.”

“Hi Danny,” I replied sitting back down. “You don’t need to call before coming, the kids like you.”

“I wish this was a social call Miguel,” Danny said.

“What’s going on Danny?” I asked as I heard something in his voice that was uncharacteristic of him.

“Miguel, I have to come out and pick up Joey,” he said as my heart and stomach quickly changed places in my body.

“What?” I asked not believing what I just heard.

“That’s right Miguel. I have to pick Joey up. The ADA filled out a petition and she wants him picked up. She’s charging him with assault for hitting his Uncle while he was in cuffs.”

“I can’t believe this,” I said as I thought about what to do. “Look, I’ll bring him to your office. I don’t want him handcuffed and taken off in your car in front of the other kids. He doesn’t need that.”

“Since you’re his legal guardian, I’ll allow that,” Danny said. “I don’t like this Miguel, you know that.”

“I know my friend. You’re a friend to all these kids. I need to make a couple of phone calls then I’ll bring him in.”

I hung the phone up and saw Guillermo standing in the doorway. “What was that all about?”

“It seems some ADA is charging Joey with assault when he nailed his Uncle.”

I picked up the phone and quickly punched some numbers. I let it ring a few times and as I was a bout to hang up a voice said, “Hello.”

“Paulo, this is Miguel Sanchez. I need your help my friend.”

“You’re in luck Miguel,” Paulo replied. “My schedule is free for the next couple weeks. What can I do for you?”

“One of the boys here did something a little silly but I more than understand why he did it,” I said as I started to explain what had happened last night.

“No problem Miguel,” Paulo explained as he told me what to do. “I want you to wait thirty minutes then take the young man over to the Sheriff’s office. I’m going to go over to the courthouse and request an emergency detention hearing in front of Judge Romero.”

I stuck my head out of my door and saw the boys heading to their rooms to change for swimming. I hated having to do this but I didn’t have any choice. As soon as I saw Joey, I motioned for him to come down to the office. “Hey Papa Miguel, what’s up? Are you coming swimming with us?”

I tried to keep a brave face on but Joey saw through it. “Sit down son; I need to tell you something.”

I filled Joey in on everything and held him as he broke down and cried. “Why Miguel? Why is he trying to come back into my life after he tossed me out?”

“I don’t know son,” I replied reaching for some tissues. “I’ve called a lawyer and he’s going to take care of everything. I know him and I trust him completely. Now we have to go.”

Joey gave Guillermo a quick hug and then we left to go see Danny at the Sheriff’s office. When we arrived, I looked for Paulo’s car but I couldn’t see it. I found a parking space then Joey and I went into the office. When we walked in, I saw Danny, another Deputy and a woman I didn’t know. Danny saw us and motioned us behind the counter. “Miguel, this is ADA Victoria Ruiz. Ms. Ruiz, this is Miguel Sanchez.”

She stood up and looked at me and then Joey. “Is this the boy?”

Danny stood and stepped by us saying, “Yes, this is Joey Peña.”

She looked right at Joey then said, “Sheriff, take him into custody and handcuff him.”

Danny stopped and glared at the woman. “Lady, he’s in the station.”

“You heard me Sheriff,” She said interrupting him.

Danny turned around and stood nose to nose with her. “You’re in MY office lady and in here I give the orders. Juveniles do not get hand cuffed when they’re in this office.”

Just then I saw the door open and Paulo walked in. “Miguel, I’m sorry I couldn’t get here any faster. Who’s the ADA?”

Ms. Ruiz looked at Paulo and spat, “I am and just who might you be?”

“I’m Paulo Cortez and I represent Joey Peña. This is an order for a detention hearing before Judge Romero. We’re to be in court in one hour.”

“Very well,” Ms. Ruiz said as she slammed files and papers back into her briefcase.

Danny came over and put his hand on Joey’s shoulder. “Joey, I need you to come with me for a few minutes. I need to fill out some papers, take your photo and fingerprints.”

I saw Joey start to shake. “Can Miguel stay with me?”

Danny nodded his head and we followed as he led Joey over to a camera. Danny quickly took his photo then made a booking card with his fingerprints. While Joey was washing his hands, Danny looked at Paulo and asked, “Are you going to try to get Joey released into Miguel’s custody?”

Paulo took a seat and waited for Joey to return. “I wouldn’t have any problem getting that. I’m hoping to get the charges dismissed in the process.”

Joey came out of the bathroom and Danny sat and did his paperwork He looked at the clock and saw we needed to get over to the courthouse. “Come on guys, we better get going.”

Danny led outside and he let Joey ride with me over to the courthouse. Danny led the way in his car followed by Joey and me then Paulo. We found a place to park then Danny came over saying “Joey, I’m going to have to put the handcuffs on you but as soon as we’re in the courtroom, I’ll take them off. Miguel and Paulo will be with you the whole time.”

Danny gently put the cuffs on and we were off to Judge Romero’s courtroom. It took us several minutes to make it to the courtroom. We walked in and Danny started removing the cuffs when a voice said, “And just what do you think you’re doing?”

Danny finished taking the cuffs off and barked, “My job.”

Joey and I followed Paulo over to the defendant’s table as Danny went toe to toe with Ms. Ruiz. “He’s a prisoner and should be in cuffs.”

“He’s a 15 year old boy in Judge Romero’s courtroom,” Danny fired back.

“We’ll see,” she said as she stormed over to her table.”

“All rise, this court is now is session. The Honorable Judge Javier Romero presiding.”

Judge Romero came storming out of his chambers and took his seat on the bench. “Be seated. I see this is an emergency detention hearing.”

Paulo was about to stand to respond to the judge’s statements when Ms. Ruiz stood up. “Your Honor, I must protest the special treatment of this prisoner.”

Judge Romero looked at the ADA and I could see that he wasn’t happy. “Excuse me and just who are you and why are you interrupting my hearing?”

“Excuse me Your Honor, I’m Victoria Ruiz. I’m the Assistant District Attorney for Receife. Prisoners should be handcuffed when not in a cell.”

Judge Romero looked over at us then I saw his eyes look upward. “You must be new to the DA’s office, aren’t you?”

“Yes Your Honor, this is my first case but I am an experienced litigator. I’ve worked in Rio and Sao Paulo.”

“Well Ms. Ruiz, every Deputy knows how to operate in my courtroom and knows what is expected of them. I do not know how things were done where you last worked and I don’t care. Do you understand?”

“Yes Your Honor,” Ms. Ruiz said as she took her seat.

“As I was saying, this is an emergency detention hearing filed by Paulo Cortez on behalf of Joey Peña. Ms. Ruiz, why is the minor in custody?”

“Last night during an incident that happened outside an orphanage, the minor struck an individual by the name of Ruben Peña while he was in the custody of the Sheriff’s Department and handcuffed.”

The Judge was a little confused by the ADA’s basic attempts at presenting the facts. “Why did young Mr. Peña strike the man in custody?”

“According to Ruben Peña he was struck for no reason at all,” Ms. Ruiz replied.

The Judge looked over at our table then made a few notes on his file. “Sheriff Vasquez, were you at the scene last night?”

Danny stood but I could tell he really wasn’t prepared to answer any questions. “Yes I was Your Honor.”

“Can you briefly tell me what happened?” Judge Romero asked.

“After the suspect was handcuffed and searched, he saw the young man and then started taunting him and using profanities. He then made a comment about beating the boy and wanting to do it again.”

“I get the picture Sheriff,” Judge Romero said. “Is there anything more from the Prosecution?”

Ms. Ruiz stood feeling very sure of herself. “Yes Your Honor, we’re requesting that the minor child be held in the custody of the Sheriff until trial. He’s living in some kind of shelter where he could pose a danger to others.”

“Objection,” Paulo said quickly standing. “Ms. Ruiz knows nothing about where Mr. Peña lives or the level of supervision he’s under.”

“Calm down counselor,” Judge Romero admonished. “This is a hearing, not a trial. Have you been to this “orphanage” as you call it?”

“No Your Honor,” she said, still sure of herself. “But Mr. Peña said…”

“Objection, here say,” Paulo said. “She’s basing her judgment based solely on the word of a man who was impersonating a Deputy Sheriff.”

“Point taken, Mr. Cortez,” Judge Romero said. “Ms. Ruiz, I can’t believe that you didn’t bother to see for yourself where this young man was residing and instead you took the word of a man facing criminal charges himself.”

“I’m also thinking of the minor Your Honor,” Ruiz said trying to defend her comments. “I see he’s in the custody of a single male. How many other children are there?”
 

“That will be quite enough Ms. Ruiz,” Judge Romero bellowed. “I’ll not have you try to slander Dr. Sanchez in my courtroom. For your information, that “orphanage” as you call it is a Children’s Home. It is run by Dr. Sanchez’s foundation and is partially supported by the city of Receife. You know absolutely nothing about this man yet you were going to try to accuse him of criminal acts.”

“He still poses a threat,” Ruiz tried saying.

“That’s enough,” Judge Romero said. “Although I’ve heard mitigating circumstances here, I do find there is probable cause to sustain the petition of the District Attorney’s office. I remand the minor child, Joey Peña, back to the care and custody of the Miguel Sanchez Foundation Children’s Home. I’ll see everyone back here in ten days for trial. This court is adjourned.”

To be continued...

Posted: 06/27/08