most recent assessment, conducted during Mr. Esperanza’s incarceration, found both children to be healthy and well-adjusted, and performing satisfactorily in school. Given Mr. Esperanza’s past behavior in which he threatened and committed violence, we ask the court to permanently safeguard these children and allow them to continue their progress by granting Mrs. Esperanza’s request.”
She returned to her seat beside Maria, confident she had presented the best case against Miguel given the facts. There was speculation, but no actual documentation, that Miguel had very little interaction with his daughter and routinely dropped her at his parents’ home. His primary interest was Roberto—specifically to encourage machismo in his timid son. If she had been able to argue that his parental influence would likely result in another generation of abuse, her case would have been a slam dunk. Instead she had to hope Rusty Evans would read between the lines.
Pete Simpkins took the podium and pensively viewed his notes as if delaying his remarks for dramatic effect. She had known Pete for seven years, since his early days in the public defender’s office. Now he worked for one of the smaller downtown firms, but continued to represent Miguel Esperanza as a pro bono client. At nearly six and a half feet tall, he towered over her, which usually brought a chuckle from the judge whenever they approached the bench side-by-side. These days he was sporting a stylish beard that squared his jaw and made him seem less mild-mannered. Though she generally thought of him as a friend, she rarely saw him outside their adversarial meetings in the courtroom.
“Today, Counselor?”
“Yes, Your Honor. I’m sorry. Thank you for hearing this case today.”
Judge Evans lifted his hands in the air. “What can I say, Mr. Simpkins? It’s my job.”
Pete chuckled uneasily, as if realizing he had scored no points for his polite gesture. “Your Honor, as you know, the LAPD and the Department of Corrections take the terms of one’s probation very seriously. Subsequent to these allegations by Mrs. Esperanza, my client’s probation officer and the LAPD initiated a comprehensive search for a gun in my client’s possession, namely the one she reported to police. No such weapon was discovered at my client’s home, his parents’ home or in his motor vehicle. Furthermore, there is no record of a sale and we have discovered no other witnesses who can attest to having seen Mr. Esperanza in the possession of a handgun.” He cast a dubious glance at Maria before continuing. “Ms. Kaklis is correct that my client has been arrested four times for domestic disturbances, and convicted twice of criminal behavior. However, Mrs. Esperanza declined to press charges on one of those occasions, and in the other my client was cleared of the charges for lack of evidence.”
Lily shot to her feet. “Objection. Counselor’s claim misstates the facts. Charges were dismissed on one occasion against Mr. Esperanza, but he was not cleared.”
“Sustained.”
“Apologies, Your Honor. Charges were dismissed for insufficient evidence. We contend that Mrs. Esperanza has a history of making unsubstantiated claims. That seems to be the case here as well.”
She was frankly surprised that Pete had made such a rookie mistake in saying his client was cleared, and also that he seemed to be studying his notes as if seeing them for the first time. It wasn’t like him to come to court unprepared.
“As for the question of visitation, Mrs. Esperanza has made numerous efforts—some in violation of this court’s orders—to interfere with my client’s visitation rights. In the absence of irrefutable evidence that his presence in their lives is detrimental to their well-being, there is no justification for curtailing parental rights.”
It was by far the weakest case Pete had ever made, and she almost wondered if he was sandbagging. The Esperanzas would try anyone’s
She returned to her seat beside Maria, confident she had presented the best case against Miguel given the facts. There was speculation, but no actual documentation, that Miguel had very little interaction with his daughter and routinely dropped her at his parents’ home. His primary interest was Roberto—specifically to encourage machismo in his timid son. If she had been able to argue that his parental influence would likely result in another generation of abuse, her case would have been a slam dunk. Instead she had to hope Rusty Evans would read between the lines.
Pete Simpkins took the podium and pensively viewed his notes as if delaying his remarks for dramatic effect. She had known Pete for seven years, since his early days in the public defender’s office. Now he worked for one of the smaller downtown firms, but continued to represent Miguel Esperanza as a pro bono client. At nearly six and a half feet tall, he towered over her, which usually brought a chuckle from the judge whenever they approached the bench side-by-side. These days he was sporting a stylish beard that squared his jaw and made him seem less mild-mannered. Though she generally thought of him as a friend, she rarely saw him outside their adversarial meetings in the courtroom.
“Today, Counselor?”
“Yes, Your Honor. I’m sorry. Thank you for hearing this case today.”
Judge Evans lifted his hands in the air. “What can I say, Mr. Simpkins? It’s my job.”
Pete chuckled uneasily, as if realizing he had scored no points for his polite gesture. “Your Honor, as you know, the LAPD and the Department of Corrections take the terms of one’s probation very seriously. Subsequent to these allegations by Mrs. Esperanza, my client’s probation officer and the LAPD initiated a comprehensive search for a gun in my client’s possession, namely the one she reported to police. No such weapon was discovered at my client’s home, his parents’ home or in his motor vehicle. Furthermore, there is no record of a sale and we have discovered no other witnesses who can attest to having seen Mr. Esperanza in the possession of a handgun.” He cast a dubious glance at Maria before continuing. “Ms. Kaklis is correct that my client has been arrested four times for domestic disturbances, and convicted twice of criminal behavior. However, Mrs. Esperanza declined to press charges on one of those occasions, and in the other my client was cleared of the charges for lack of evidence.”
Lily shot to her feet. “Objection. Counselor’s claim misstates the facts. Charges were dismissed on one occasion against Mr. Esperanza, but he was not cleared.”
“Sustained.”
“Apologies, Your Honor. Charges were dismissed for insufficient evidence. We contend that Mrs. Esperanza has a history of making unsubstantiated claims. That seems to be the case here as well.”
She was frankly surprised that Pete had made such a rookie mistake in saying his client was cleared, and also that he seemed to be studying his notes as if seeing them for the first time. It wasn’t like him to come to court unprepared.
“As for the question of visitation, Mrs. Esperanza has made numerous efforts—some in violation of this court’s orders—to interfere with my client’s visitation rights. In the absence of irrefutable evidence that his presence in their lives is detrimental to their well-being, there is no justification for curtailing parental rights.”
It was by far the weakest case Pete had ever made, and she almost wondered if he was sandbagging. The Esperanzas would try anyone’s
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