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During cross-examination of one agent, I asked if she was aware that my client was arrested with his 4-year-old daughter. She said no. I was shocked, but this is the game. I asked whether she was the lead investigator, and if she had talked to field agents in this case. She said yes. I asked if it had become known to her that my client had his 4-year-old child with him. Yes, she said, but added that she didn’t know the child was a 4-year-old female.
The judge just glared at her.
This is how it goes. I ask about the child; the government objects; the judge forces the agent to answer. The answer is always the same.
“Do you know the location of the child?” No or unknown.
“Did you provide my client with information as to the location of his child?” No or unknown.
“Did you provide my client with any information as to how he could go about finding his child?” No or unknown.
In a rare instance, one agent said a child was in a particular city — one far from El Paso. But of course, no details were known regarding the child’s specific location.
At another hearing before a different judge, as one of my colleagues asked the agent on the stand about the whereabouts of my client’s child, the prosecutor objected to the relevance of the questions. The judge turned on the prosecutor, demanding to know why this wasn’t relevant. At one point, he slammed his hand on the desk, sending a pen flying. This type of emotional display is unheard of in federal court. I can’t understand this, the judge said. If someone at the jail takes your wallet, they give you a receipt. They take your kids, and you get nothing? Not even a slip of paper?
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