Confessions of a Lawyer/Musician

October 29, 2007  --  Got something to say?
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By Rod Garcia
My daughter is checking out colleges, and I just celebrated yet another year of getting older. And so in this context, I wonder if I made the right career choice if I should have just been a musician. There are so many songs and stories I still need to write.

But one recent weekend during Sunday Mass, I was reminded why I continue lawyer-ing. I first exchanged peace hugs with my kids. Then the fellow in front of me turned around. He was a client of mine some years back. Assault and battery. He was glad to see me, gave me a big smile and a hand shake and said, Attorney, and I said, Im glad you seem to be doing okay,” and he replied, Okay ako, attorney, salamat. Then his wife beside him smiled also. In my house, in the master bedroom, a religious cross hangs on the wall. The cross did not come from this client (lets call him Pablo); rather, the cross was gift from his opponents family, specifically, his opponents mother.

In court for assault and battery, Pablo was the defendant, and his opponent, lets call him Jessie, had a puti “mainstream” lawyer on their side. After I won, the opponents family and especially the mom were throwing daggers at me with their stares as I exited the court room…although I smiled at them respectfully. Pablo a barber by profession was very grateful and he did well for himself thereafter.

One year later, in my office, my secretary comes to my room and tells me, Theres a family waiting out in the lobby…they want to talk to you, they say you know them…” And in walks the young man, Jessie, who had brought the assault and battery case against Pablo. Jessie took a seat in front of me, and so did his mother and brother all of whom a year ago were extremely upset at me in court. So I tell myself, looks like trouble. I ask my secretary to bring out some coffee and water for them.

The mother speaks first: kailangan namin ang tulong niyo. Although respectful, it was tone almost akin to you owe us one for what you did to us in court…” At least, thats what I thought at first. Then the brother elaborates: Jessie is being accused and charged by Bolling Air Force Base with grand theft. And so he needs an attorney to defend him.

Jessie himself speaks, but hardly can express himself in English, so I tell him to tell me in Tagalog. He just became a citizen a day before the incident. Theres a video tape from the commissary; and the Security Director and others are saying that the tape clearly shows Jessie stealing some high priced items at the PX.

After a few more details, I bring up an awkward matter: Alam po ninyo na ako ang abogado ni Pablo Martinez noong isang taon. Ako po ang dahilan na hindi kayo nanalo.” And they respond, Dapat kayo ang kukunin namin noon; hindi yung puti na abogado. Naunahan lang kami ni Pablo.”

And I say, Hindi kayo galit sa akin? And the mother says, Napagmasdan po namin ang nagawa niyo sa korte. Kaya sa inyo ang kompiyansa namin para sa anak ko.”

And so it went that it was a very difficult case for me…with the tape and the fact that I could get no one (not even the Filipinos) in that Air Force base to testify for Jessie…because they were all afraid of reprisal. Also, the Air Force flew in some hot shot trial lawyer from Texas to prosecute the matter on behalf of Bolling. He lined up nine seemingly credible witnesses including the Security Director and several managers of the PX.

I only had one witness Jessie alone, unable to speak English well, and tense at first. But the kid had integrity, and I told him thats the most important thing. And in the course of my meetings with him, he acquired a silent confidence of someone with the truth on his side.

Through cross-examination, I was hoping to show the inconsistencies of these nine witnesses. The family was very nervous…even had me call one of the sisters that morning of the trial (in Australia) and I reassured her that Jessie would be okay. The mother was very quiet when I picked them up from their little house. They asked me first to have some breakfast with them…typical Filipino household, with religious items over wall near the dining table, and I commented on how nice it all was. I also tried to make them relax by talking of how Jessie will be successful with his new citizenship (which, in reality, could be jeopardized by a conviction). On the way to the car, the mother pulled me aside and whispered, Ikaw na ang bahala, Attorney…mabait na bata iyan…Hindi siya magnanakaw.”

To make a long story short, Jessie prevailed and family was very grateful. A month later, the mom and her sons came over to the office and gave me a big box and said, Buksan niyo sa bahay…salamat na salamat, Attorney.”

Several years later, I did a concert at Catholic University of America, and as I was coming out with my guitar, a lady approached and said, Galing, Attorney, and I didnt know who she was. She explained that shes Jessies sister, and she said to me, Nagasawa na si Jessie and may mga anak, at maganda ang trabaho niya.” The mom had passed away some time after she had given me the cross that now hangs on our wall. But her son (and his opponent in an earlier case, Pablo) are both doing well.


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