that she was in custody in Arlington County, he set out to find her and see about sending her back to Texas. Oseguera would be happy to know a Virginia colleague had served his warrant.
Greg cut the detective off before he got too excited. “Look, she isn’t talking about anything because you can’t make her. She’s got Fifth Amendment rights, and I understand that as of right now you’ve got nothing.”
Take that, Greg thought. He was right—the detective had nothing. Greg was a fierce advocate, even as he struggled to get his head around this bomb of a case that had just landed in his lap. In that moment, though, Greg was more interested in putting the detective in his place than protecting Brenda. This was a matter of professional pride. Greg’s first impression of Brenda as a smart-ass runaway soon changed, but at that moment he didn’t have time to think about where Brenda’s case would take him. There were more immediate concerns, and at the top of the list was keeping Brenda in Virginia until he could get a handle on her case.
Still reeling, Greg speed-walked the rest of the way to the judge’s chambers.
“This case is way more complicated,” Greg said when he walked into the judge’s chambers. “I know you were expecting to sign an order sending her back to Texas, but it’s not going to be that way,” he continued. “There are warrants coming in,” daring to point out the obvious, but in need of buttressing his position before pressing on.
“Look, I don’t think I’m qualified to do this. You know, she’s definitely going to need criminal defense counsel help on that side because it’s an ethical thing.”
The roles of a defense counsel and a guardian ad litem are naturally in conflict. What’s best for a client from a legal point of view is not always what a parent would want for the child. Greg wasn’t comfortable working as both Brenda’s guardian and her defense counsel.
“All right,” the judge said. “Tell you what, here’s a list of who’s going to be here tomorrow. Pick someone on this list you’d like to help you out,” the judge offered, only letting Greg off the hook slightly. Greg would remain Brenda’s guardian. He chose a young lawyer and friend named Jason Rucker to be her defense counsel.
The next morning, Greg visited Brenda with Jason before her court case to give her the reality check she needed to make a hard decision.
“Look, you’ve got a capital murder warrant coming from Texas and a list of other stuff. You can help and get out, or you can not help and, you know, go to prison for what somebody else did.”
The warrant from Texas was for the murder of Javier Calzada. Brenda absolutely did not want to go back to Texas and deal with Rick Oseguera again. As she thought about her options, Brenda remembered what Denis had told her in the car right after they were cuffed.
“Get out. Tell your story. Do what you gotta do to save yourself because I’m going to prison.” They were words Brenda had taken to heart. She didn’t want to go to prison. And she knew Denis could take care of himself. She had to do the same.
Minutes dragged by as Brenda considered her options and weighed her decision. Brenda was torn. She was a smart girl, and the pragmatic side of her knew talking to the cops was the best way to save herself from what she truly thought of as a dead-end lifestyle. For all her time on the street and experience as a member of the MS, she had had a good childhood and had not yet spent even a year running full-time with the MS. But how could she betray her homies? Since arriving in Virginia, she had become very close to the group that ran with Denis. If she became an informant, could she prevent them from finding out?
Greg had worked Brenda’s case for less than a day and already knew it would be a challenge. As a child in need of services, Brenda had been assigned a guardian. From Arlington County’s point of view, the guardian could resolve any
Greg cut the detective off before he got too excited. “Look, she isn’t talking about anything because you can’t make her. She’s got Fifth Amendment rights, and I understand that as of right now you’ve got nothing.”
Take that, Greg thought. He was right—the detective had nothing. Greg was a fierce advocate, even as he struggled to get his head around this bomb of a case that had just landed in his lap. In that moment, though, Greg was more interested in putting the detective in his place than protecting Brenda. This was a matter of professional pride. Greg’s first impression of Brenda as a smart-ass runaway soon changed, but at that moment he didn’t have time to think about where Brenda’s case would take him. There were more immediate concerns, and at the top of the list was keeping Brenda in Virginia until he could get a handle on her case.
Still reeling, Greg speed-walked the rest of the way to the judge’s chambers.
“This case is way more complicated,” Greg said when he walked into the judge’s chambers. “I know you were expecting to sign an order sending her back to Texas, but it’s not going to be that way,” he continued. “There are warrants coming in,” daring to point out the obvious, but in need of buttressing his position before pressing on.
“Look, I don’t think I’m qualified to do this. You know, she’s definitely going to need criminal defense counsel help on that side because it’s an ethical thing.”
The roles of a defense counsel and a guardian ad litem are naturally in conflict. What’s best for a client from a legal point of view is not always what a parent would want for the child. Greg wasn’t comfortable working as both Brenda’s guardian and her defense counsel.
“All right,” the judge said. “Tell you what, here’s a list of who’s going to be here tomorrow. Pick someone on this list you’d like to help you out,” the judge offered, only letting Greg off the hook slightly. Greg would remain Brenda’s guardian. He chose a young lawyer and friend named Jason Rucker to be her defense counsel.
The next morning, Greg visited Brenda with Jason before her court case to give her the reality check she needed to make a hard decision.
“Look, you’ve got a capital murder warrant coming from Texas and a list of other stuff. You can help and get out, or you can not help and, you know, go to prison for what somebody else did.”
The warrant from Texas was for the murder of Javier Calzada. Brenda absolutely did not want to go back to Texas and deal with Rick Oseguera again. As she thought about her options, Brenda remembered what Denis had told her in the car right after they were cuffed.
“Get out. Tell your story. Do what you gotta do to save yourself because I’m going to prison.” They were words Brenda had taken to heart. She didn’t want to go to prison. And she knew Denis could take care of himself. She had to do the same.
Minutes dragged by as Brenda considered her options and weighed her decision. Brenda was torn. She was a smart girl, and the pragmatic side of her knew talking to the cops was the best way to save herself from what she truly thought of as a dead-end lifestyle. For all her time on the street and experience as a member of the MS, she had had a good childhood and had not yet spent even a year running full-time with the MS. But how could she betray her homies? Since arriving in Virginia, she had become very close to the group that ran with Denis. If she became an informant, could she prevent them from finding out?
Greg had worked Brenda’s case for less than a day and already knew it would be a challenge. As a child in need of services, Brenda had been assigned a guardian. From Arlington County’s point of view, the guardian could resolve any
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