By Monica Velez
Sometimes the only thing that has the power to save somebody’s reputation, or life, is their Constitutional right. In this case it is the Sixth Amendment.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed … to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense,” according to the Sixth Amendment.
Coming from somebody who hasn’t been personally involved in a criminal case, I’d like to think that the law is able to uphold its end of the bargain; in simpler terms, to protect the right to a fair trial.
On the morning of January 7, 2016, I had a moment where I zoned out, imagining myself being carried off into a cell for something I didn’t do, and then I quickly shook my head back to reality and continued to listen to the judge deciding somebody’s fate.
I thought to myself, this is exactly what is happening to Mrs. Bueno, sitting on the bench in front of me, and her new husband Jeremiah Bueno, sitting next to his deputy public defender, Stephen Betz.
Bueno and his wife are battling a domestic violence case, with his wife claiming that she is not the victim the court describes her to be. Mrs. Bueno told me that she was a witness in a previous hearing (this judge being the fourth they have seen) and she told the court she was the instigator and charged at him, with Bueno not fighting her back.
The deputy district attorney argued that there was a slim chance of Mrs. Bueno being able to defend herself because she was so much smaller than her husband. Mrs. Bueno described her husband as a “teddy bear,” giving assurance that he has never hit her.
The DDA also argued that Mrs. Bueno wasn’t a good witness because of her past, having other domestic violence charges against her in Sacramento and Yolo Counties.
“If anyone should be in jail, it should be me,” said Mrs. Bueno, “I’m the one who hit him.”
The only other witness was the person who made the 911 call, and she told the police that she heard a slap, but her back was turned and she did not see who did the slapping.
The prosecutor was trying to get Bueno for violating his probation on top of everything, but because the proper paperwork was not filed the court did not know that he was actually off probation, further prolonging his case and leaving Mrs. Bueno with the feeling that her husband is in jail for something she did.
I could feel the restlessness and frustration in Mrs. Bueno’s voice as she talked about making appointments with pro bono lawyers, feeling that her husband wasn’t getting his Sixth Amendment rights, blaming Yolo County for not following through on the judicial system.
She talked about how this was her husband’s first domestic violence offense and they are using the fact that he has a record against him.
Is it fair that the court won’t trust the only witness who can testify because of her past? Or is it just that our judicial system doesn’t trust people with second chances?
The only thing I know is that in this case Bueno was sentenced to two years in prison, fined $300, and has the opportunity to appeal his case. Mrs. Bueno shook her head with a disappointed expression as the judge revealed her family’s fate.
“This court system is bad,” said Mrs. Bueno. “… I feel like they don’t give people a fair trial, or a fair chance.”
Monica
Thank you for reporting on this case. Domestic trial issues are some of the most difficult for all involved. To over call, and punish someone with incarceration, is highly destructive to the life not only of the individual but also to the family is the accused is truly innocent.
However, working as an Ob/Gyn, I hear many, many stories in which the wife claims that her abuser is innocent out of fear, or perceived need, or dependency, or desire to protect her children or family, and ends up severely injured or killed by the partner she defended. The psychologic interdependency of the abuser and the abused is often beyond what those who have never been in this situation can comprehend. Often the victim assumes the blame, when in fact she has done nothing wrong. Alternatively, many women will admit that they were struck, but will claim that they “had it coming” since they were the “instigator”.
Perhaps she is correct and the legal system is over charging and using her husband’s past against him. Or perhaps, she is downplaying the incident and this is the decision that saves her life. Unfortunately, it is impossible to know in advance.
Tia
You make important points and I do agree that “it is impossible to know in advance.”
However, had Mr. and Mrs. Bueno been able to afford a high-priced attorney, I have no doubt the outcome would have been different. Our “justice” system is clearly not blind to economic means, and it is essentially non-responsive to those who can’t afford to pay. I hate to think that justice goes to the highest bidder, but it certainly seems that way many times.
Napoleon
A point of complete agreement. This is one of a number of ways in which our justice system if far from “blind”.