In March 2009, my client Elaine C. made the biggest mistake of her life.  She trusted her good friend and went on a car ride with her.  Elaine was not feeling well that day, and when she awoke, she found herself in Tijuana, Mexico. 

Her friend told her that she was only going to be a few minutes and to wait in the McDonalds.  When she returned, the two went back to the border with the friend driving her vehicle. 

Inside the vehicle, the ICE agents found several kilos of pure methamphetamine.  The friend, who was facing more time because of her criminal record, implicated my client.  From the time of her arrest to her last court hearing, Elaine steadfastly denied knowledge of drugs in the vehicle.

Knowing that a ten year sentence or more was mandatory if she were found guilty, Elaine turned down a plea bargain of three years.  As trial approached and it was clear that her friend would testify against her , Elaine even considered pleading guilty to avoid the chance that the jury might believe her very motivated friend.  I counseled Elaine that I could never encourage an individual to plead guilty who is in fact innocent.

After much work by my legal assistants including the very talented private investigator Esther Sardina and my super star law student, Ryan Mardock, the government finally agreed to dismiss all charges against her.  Elaine spent nearly nine months in jail before her final vindication.

I understand Elaine is home right now eating Thanksgiving turkey with her husband.  What a nice feeling it is to know that someone will not needlessly be spending ten years in the federal penitentiary.  That is why I like this job, certainly not for the long hours or the stress of seeing so many individuals go to jail needlessly–those who do not have good criminal representation.

The bottom line is the quality of the attorney you hire does make a very big difference just as it would if you were hiring a surgeon to conduct open heart surgery on you or a loved one.  For many of you, the most important decision you make in your life, will be who you hire for your criminal case.  You can always sell your house if you make a bad deal or annul a bad marriage. But when you have been found guilty and sentenced to a very long sentence, it is frequent too late to do anything but wonder why you did not hire a better attorney.

A good attorney is not a magician–can’t make your case go away–but a good attorney can be your best ally in a system that is otherwise stacked against you and your loved ones.

A very sad post-script  12/13/2009

I just learned that Elaine died on December 11th.  She suffered a massive heart attack and could not be revived by the paramedics.

In the time that she was incarcerated, she gained almost 70 pounds.  She also was very distraught about being locked up for the first time in her life. 

Elaine is the second client that I have had die this year while in custody or shortly after release from the  Western Regional Detention Facility (GEO) in downtown San Diego.  The facility is very hot, and in my opinion, the food is not very nutritious, consisting primarily of starch. I have seen the conditions in federal jail deteriorate greatly in the last few years with clients in some cases being shuttled between the Imperial County Jail, the detention facility in San Luis, Arizona, the Metropolitan Correctional Center (MCC) and GEO. Hopefully, an attorney who specializes in prison litigation will file a lawsuit against the jails for the increasingly inhumane manner in which federal prisoners in San Diego are being incarcerated.

Elaine’s tragic death at age 48 brings home the importance of my client’s liberty.  At least Elaine was able to celebrate Thanksgiving with her husband and not die in jail.    At the Law Offices of Russell S. Babcock, we are acutely aware of the health and emotional strain that incarceration causes and we will always fight for the earliest release from jail possible.

Post-script 12/22

Today my investigator and I attended the services for  "Lainey" as many of her friends called her.  I was touched by the warmth of Elaine’s family and how so many people turned out for the services on such short notice. 

Despite being incarcerated for so long only to have the charges finally dropped, Elaine never showed bitterness toward those who had betrayed her. To the contrary, she always remained optimistic that the truth would come out.

The pastor at the service commented that just down the road , there was a memorial service being held for a judge.  That judge was The Honorable Napoleon Jones, also an African-American like Elaine.  I guess it is hard not to be struck by the irony of the situation both a very  fine judge, who always tried to be fair, and a fine woman, who was wronfully charged with a crime, being eulogized on the same day and in the same neighborhood.

I feel honored to have met Elaine.  Some people ask me if I  become personally involved in my work.  Well, I  guess now you know the answer. 

I wish had spent more time with Elaine.  I can still remember the last time I saw her when I gave her  a hug in Judge Irma Gonzalez’s courtroom–the day when all of the charges were finally dismissed against her.

Yes, Elaine C. is free –now she is completely free.