Is this Justice?

:: Day 82 in Guatemala ::


Keeping count of my time in Guatemala through my blog has been really useful. It reminds me that my visa expires after 90 days and that the deadline is quickly approaching. How ironic would it be if I ended up being "undocumented" in Guatemala. Anyway, I'm not bold enough to take that risk. Or maybe I'm just too cheap to pay the fine at the airport - I'd rather pay for the visa extension. So anyway, Monday I went to "Migracion" to pay for and request my extension. They took my passport for processing and said to come back in 8 days.

:: Is this Justice? ::


This week we were finally going to San Marcos for sentencing in the case of the dad who sexually abused his two daughters. (I know, I know - my topics are sooo uplifting.) At first it was just going to be me and Jenny going - so I was going to drive us to San Marcos (that is a 5 hour drive). But as time passed more people decided that they could go after-all. In the end it was me, Jenny (MTM Attorney), Ana Lucia (MTM Director), Brenda (MTM Psychologist), and David (MTM Board Member).  I still drove. Mostly because if Ana Lucia drove she would try to make it all the way without stopping - good luck if you are hungry or have to pee. Driving was fun. I kept feeling like I was really speeding because sometimes the speedometer was reading at 80 to 100 km/hr, but I had to keep reminding myself that is only 50-62 mph. Anyway, I mentioned previously that in some parts this road is full of curves. I kept getting self-conscious about my driving because the people in the back seat are swerving back and forth with every curve. Again, I had to remind myself that I've been the one in the back seat getting flung from side-to-side all the other times we went to San Marcos - it wasn't my crazy driving, that's just the road!!! That is my story and I'm sticking to it!

MTM: Jenny, David, Ana Lucia, me, Brenda

So Tuesday morning was the "hearing" as usual. There weren't any legal arguments left to be made - all the debate concluded at the previous hearing. There was just one last opportunity for the querellante (the mom of the two girls who is pressing charges) and the defendant (abusive dad) to each address the court before sentencing. Mom was great! She had kept it together before the hearing but once she started speaking she got emotional. She was very clear and concise - demanding that the court do justice to her daughters, reminding them of her daughter's cries before this same court only a few weeks prior. She told them that while she was blinded and didn't know her rights for so many years, that every step of the way he - a former police man - knew that what he was doing was wrong. She said that now that she knows her rights and her daughter's rights to be free from abuse and to receive reparation ($), that the court simply protect and uphold those rights.

When the dad/defendant took the stand (for the first time throughout this process) it made my stomach curl. He has shown up to every hearing bible-in-hand. His whole speech (and yes, it was a speech - it actually sounded much like a sermon) was about how he has found God and that he is right in the eyes of God. That only God can judge us and calls us to forgive each other. He had the audacity to say that he loves his daughters. That he loves his wife more now than ever before. He talked about how he has paid his dues because it is not easy being a former cop in jail. He talked about how he has received a calling to spread the word of God and help others. He was extremely eloquent - it made me sick to listen to him. After having heard his daughters tell the scream and cry through the story of how he sexually abused and raped them, I don't think anyone in that courtroom was buying anything he had to say.

So the court adjourned and requested that we return at 19:00 for sentencing. Yes, 7pm - 10 hours later. We drove back to Xela and ran errands and killed time. Had a very interesting debate about horses, donkeys and mules. I later had to pull up wikipedia to prove that I was right. I went through my animal obsession phase as a kid and still remember some random animal facts. We found a Texas BBQ restaurant in Xela and had lunch there. They all ordered chicken soup. I ordered a pulled pork sandwich. Who orders soup at a Texas BBQ restaurant!?!? We finally made our way back to the courthouse around 6:30pm.

At around 6:45pm they come out and tell us that it is going to take a bit longer - probably until 8:30pm. We decided to wait in the lobby area rather than go out and come back. At 7:10 the Fiscal (prosecutor) runs up in her gym clothes semi-apologizing for being late. Jenny informs her that it has been pushed back until 8:30. Her response? "Oh good, I'm starving I can go get food. Oh, but my novela starts at 8:30!" Really? They are releasing the sentence and you are worried about your novela instead of your client who is having an emotional crisis? She then goes on to say she hopes it comes out okay because things have really gone wrong for her in the past - and she starts listing mistakes she has made that had unfortunate results in her cases. Needless to say - she left to have dinner and watch TV at home.

While we were waiting Jenny got a surprise gift from the Court Secretary!

About an hour later la Jueza Presidente (presiding judge) comes out. She comes up to where we are sitting and starts complaining about how poorly written the complaint/charges are. "The laziness of these prosecutors amazes me! When she turned in the first complaint I gave it back to her and told her she should revise it to make it coincide with the girls' testimony. She gave it back in a worse condition than the original! We are really struggling to get the sentencing out from this complaint, I'm just warning you so that you are prepared for what you are going to hear." Jenny started telling her how much trouble MTM has had with her. Since MTM can only act as co-counsel to the prosecutor there have been times where they offered her advice or changes to the complaint but couldn't do anything once she had made her decision. The best they could do is try to do some damage-control in court during debates. Even then the Fiscal yelled at Jenny for admitting (on the record) that the Fiscal had made a mistake. While it was good to hear that what MTM has been saying about the Fiscal all along has been right - it was also incredibly depressing. She has been doing this work for about 10 to 15 years and it looks like she's making a life-long career out of this. She is not a rookie prosecutor - there is no excuse for her mistakes and no one keeping her accountable.

When the sentencing finally started (at 9:30pm) the Public Defender and the Fiscal were not present. The court gave the dad/defendant 15 years for sexual aggression against both girls, and 24 years for the rape of his youngest daughter. The rape of the older daughter couldn't be proved because of that doctor's horrible expert testimony. The court also offered Q40,000 in reparations for each of the girls. In the end he has to serve 39 years in prison (minimum 20 if he gets out on good behavior) and pay Q80,000 ($10,500). While this is a victory for MTM, and a tremendous step forward in the healing process for the girls and their mom, it doesn't make up for all the damage he has caused. Even if he is punished, and even if they go through years of therapy - how does anyone recover from years of sexual abuse at the hands of their father?

Top: Panel of 3 Judges; Left: Defendant & Attorney;
Right: Fiscal, Querellante & Querellante's Attorny (MTM); Bottom: Witness Stand