Tag Archives: Moroleón

And Justice for All?

There was no justice to be had for this man in Moroleón.

There was no justice to be had for this man in Moroleón.

The court proceedings concerning the moto accident between my in-laws and the police finally occurred a year and a half after my mother-in-law’s death (See on Life and Liberty). During the month of September, my father-in-law reported to court an average of 2-3 times per week.

So 2-3 times per week, my father-in-law rode his bicycle from La Yacata to the courthouse or the lawyer’s office.

This legal process was exasperated when the police officer involved or his lawyer or the witnesses did not appear in court and my father-in-law spent hours cooling his heels in the outer office.

We thought that perhaps that the no-shows would be in my father-in-law’s favor. Little did we realize that their absence was a mark of how trivial they felt these proceedings to be since they already knew what the outcome would be.

Decisions of guilt or innocence are not determined by a jury of your peers in México, but by the sole discretion of the judge. In Moroleón, all penal cases are determined by La Juez, whose children I had been teaching for several years. I had come to respect her over the years and appreciated her advice during the difficult week when my mother-in-law died and Chuchi slapped me with a demanda (See The First Demanda and La Novena). However, mitigating this esteem was the fact that her husband was the forensic specialist for the police in Moroleón. And him I was never too impressed with. The forensic evidence submitted by the police included a film of an accident that wasn’t with my in-laws and a dent in the driver’s side door which was used as conclusive “proof” that the moto hit the truck and, therefore, the fault of my father-in-law, completely discounting the conflicting evidence of the injuries sustained by my in-laws.

Forensics here is proclaimed the new messiah and unlike CSI, there is no attempt to find logical connections between the evidence and the action. For instance, if your fingerprints are on your own wallet that was stolen, the judge might determine that you yourself gave the wallet to the thief since there were no other fingerprints on it. Whatever!

With such logic, a dent in the door must mean that the moto hit the truck and caused the accident, not that the force of the impact caused the moto to spin from the front of the truck around to the opposite side and hit the door after throwing the passengers into the air–or so it would seem.

Despite witness testimony, despite testimony from my father-in-law, despite the injuries sustained by my in-laws all charges against the police officer were dropped and instead the charges were laid at my father-in-law’s feet for him to disprove. He awaits sentencing at the end of the month.

An appeal has been submitted to the district court in Celaya, but no court date has been set.

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Getting Legal–Trip 4

immigration office sma

Well, since trip 3 was a bust (See Getting Legal–Trip 3) I needed to go back when I had enough money. I scrimped and saved, but it wasn’t enough for the trip and the documentation. So, I asked for an advance on my paycheck and we scheduled the trip.

It started out just like the others. We woke up early, although not as early as the last one, fed or moved to pasture the animals, and had our coffee. My husband had made bread the night before so that we could take a loaf with us since we didn’t have any extra cash to eat out. My son filled a water bottle and we were off. We said our prayers, this time including the successful completion of this legalization process along with a safe journey to San Miguel de Allende and back home.

My husband had cleaned the battery cables in the hope that it would give us one last trip before dying and although we had to push start again, it seemed to be running better.

We cruised through Celaya‘s transito (traffic) verification stop and were making good time. Eleven kilometers from San Miguel de Allende the truck began to shake. We were on a bridge and couldn’t pull over. The moment we could, we stopped and jumped out to check it out. Nothing under the hood seemed remiss, so my husband went under the truck. Immediately, he found the problem. La cruceta de la flecha que va pegada el eje (the joint in the back axle that holds everything together) had come loose and fallen off. Most of the pieces were still there, but one of the clips was gone, lost somewhere on the other side of the bridge.

There wasn’t anything to be done but try and piece something together and get to a yonke (junk yard) or auto parts store and see if we had enough to buy the piece with the less than $130 to spare between us. So my husband went under the truck again to attempt this death-defying feat.

Here's the dangerous curve we managed to pull off at.  Looks so innocent free of traffic  doesn't it?

Here’s the dangerous curve we managed to pull off at. Looks so innocent free of traffic doesn’t it?

I mean literally, death-defying. We were clearly off the side of the road, however since it is common for large and heavy vehicles to straddle the solid white or yellow line (See Driving Hazards–slow moving vehicles) we were in mortal danger.

I moved 100 meters or so down the road near the curve and made myself sentinel, waving cars on the line to the right. My son said I looked like I was shooing goats into the corral, but seriously, goats are easier than Mexican drivers to direct. I was sure that any minute we would be splattered to the winds, my husband, my son, me and the truck, by an 18 wheeler or tour bus barreling down the road. Talk about hair-raising!

Only one driver stopped to offer what assistance he could, but my husband thanked him and declined, deciding not to leave my son and me with the truck on the side of the road.

An hour and six near misses later, my husband crawled from out beneath Butch (the truck). He had flattened a nail to replace the missing joint and hoped it would hold. His hands visibly shaking, he started the car and we headed toward San Miguel, eyes peeled for a place to get the replacement piece.

We stopped at Banamex to make the payment of $3815 pesos, then headed to SEGOB (the Mexican Immigration Office) with the receipt. I took a number and waited. My husband came in with me to help me keep my temper with the clerks, but he needed have worried. I was so exhausted from the adrenaline rush I had from directing traffic that I didn’t want any trouble.

I had a nice conversation with a tall, elderly gentleman in line behind me. He was there for fingerprinting and had lived 13 years in México. He seemed to think my life in La Yacata was amazing. Go figure!

Finally, it was my turn. I gave la muchacha (young lady) my receipt, but she needed 3 copies of it, plus the original, so I sent my husband scurrying across the street for those while I signed and signed. I turned the copies in, she stamped them and then, obviously remembering me (or perhaps my anguished outburst) from the last trip, asked where I lived. She said if I would wait a few minutes, she would find out what the probability was that I could leave my fingerprints today as well, thus saving me another trip. So I waited.

About 10 minutes later, she came back to say that if I came back before 1 p.m. (when the office closed) I would be able to get fingerprinted. As it was only 11 a.m., we headed out to look for the truck part and see if we could get that done in the meantime.

We had to tell our son, who had waited with the truck, that we would not make it back to Moroleón before school started that afternoon. (See Homeschool Variation) He had worn his uniform and done his homework on the trip, and was a bit worried what the maestro (teacher) might say, but my husband said he would take him to school for his assignments when we arrived home.

So we set off in search of the piece. The first auto parts store had the piece, but it was too big for the make and model of our truck. The second two didn’t have the foggiest idea what my husband was asking for. The fourth place had the piece but wouldn’t sell just the clip, so $100 it was for the whole thing. My husband was pleased and ducked under the truck to do the repairs. Ten minutes later, it was fixed. With our remaining $30 pesos, we bought some oranges for lunch and some elotes (ears of corn) for later.

We went back to SEGOB and broke our bread, peeled some oranges and drank some water, grateful for our abundance and fortune this day. At 12:30, I trotted back inside because entrance would be denied at 1 p.m. for anyone that isn’t written in the big appointment book at the front desk. Just shy of 1 p.m. the muchacha (young lady) called my name and had me leave my fingerprints on the application that would now be sent to México City for processing. She told me to check online in about 3 weeks to see when I could come and pick up my document.

I thanked her sincerely and left. We cruised through the SMA verification checkpoint and then through the Celaya verification checkpoint without incident. We arrived home, exhausted but with a feeling of accomplishment that was lacking the last trip.

One down, one more to go.

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Negotiating for La Yacata–The Preliminary Meeting

pozo hole driller

This is the machine that drilled the hole that pretends to be a well.

Everything takes much longer than anticipated in México. That is especially true of legal issues. More than a year and a half since the first demanda (lawsuit) we were still struggling to pay the lawyer his due. The second demanda (lawsuit) had not been resolved. And the third demanda (lawsuit) was also at a standstill.

As both Chuchi and the perforador del pozo (well-hole driller) had approached R2 after the last court appearance, (See Demanda 3–What the….?) Super Prez decided to take advantage of that and see if we could close up once and for all these infernal demandas (lawsuits).

Super-Prez, G, the new secretary that replaced R1 who had abdicated to the U.S., me and R2 our lawyer, had a preliminary meeting. We wanted to know where we stood and what legal options we had.

G and I arrived promptly at 5. At 5:15, Super Prez called me and said he was nearly there. R2 didn’t arrive until 5:30. In the meantime, we brought G up to date on the third demanda (lawsuit).

Super-Prez stepped out for drinks and gum. While he was gone, R2 began blustering about how albañiles (bricklayers) are all drunks, that they live in crappy houses and that they never try and better their positions in life. I listened for a bit but finally had to say that my husband was a bricklayer and that my house was well constructed and we were bettering our lives. It didn’t seem to phase him. He said that there was an exception to everything and that my husband must be an exception.

Needless to say, this didn’t set a positive tone for our meeting, at least from my point of view. But, down to business.

We wanted to know what the consequences would be for Chuchi and the pozo guy should they lose. As all signs point to their loss, we wanted to know if we had anything to tempt them with so as to end this a bit earlier.

R2 said that it could be penal and incur jail time, but he wasn’t clear on how much.

Then we wanted to know what would happen if they lost and appealed the judge’s ruling. I was especially interested in this point because my father-in-law’s court case has now been moved to Guanajuato since the Moroleón police refuse to admit guilt. (See On Life and Liberty).

R2 said that either party could appeal and that the case would be moved to a higher court in Guanajuato.

We also wanted to know how much R2 was going to charge us for these 3 court cases so as to deduct that amount from any offer we made to the pozo guy.

R2 hemmed and hawed about his answer, talking about his being more than fair in waiting for money and percentage rates and how even though the case wasn‘t active that didn‘t mean he wasn‘t working on it and I don‘t remember what else. I finally stopped him and told him the reason we were interested was to have an estimate to include in our calculations, not to argue about his pay. So he gave a rough figure of $300,000, 15% of the total amount of first demanda (lawsuit), and 10% of the subsequent demandas (lawsuits).

As R2 continued his monolog on our cases, he muddled up the issues, confusing the second demanda (lawsuit) from Chuchi over water right permits and this demanda (lawsuit) over a pagaré (promissory note) of $500,000 pesos. Super Prez wanted to know if we could obligate Chuchi to pay to pozo guy, but it didn’t seem like we could.

So all in all, we thought to offer the pozo guy $500,000 minus legal expenses, thus $200,000 providing we have legal rights to the perforation. We also wanted the copies of the original permit to drill and the well study that proved that the perforation could be used as a water source. R2 thought our offer was laughable and said as much. We thought we could up the ante as much as $250,000 but we didn’t feel that it was fair that we should pay legal expenses over something not caused by us. We also would be clear in saying that we would be willing to make this deal even though the well had been drilled in an area outside the deeded area called La Yacata.

We decided that any negotiation with Chuchi would take place after we met with the pozo guy and would depend on whether or not he had the water rights permit in his possession. As Super Prez learned on good authority that those certificates had been returned to the seller after the seller had taken out a lien on Chuchi’s house, we were pretty sure he didn’t have them and, therefore, had nothing we were interested in.

R2 wanted to know why we hadn’t put a demanda against Chuchi when he had been conducting meetings when he was no longer the president of the association. (See Who’s in charge?) I said that we had tried but as the legal representative–president J– hadn’t shown up that day, the Public Ministry had shut the door in our faces. Seems like we lost the opportunity there.

Although I think we still might be able to put a counter-lawsuit against Chuchi on the basis that he endangered our properties by these legal proceedings. Those of us that are living there also are at risk of losing our homes because of his shenanigans. Plus, we still do not have running water, electricity or sewer. I will have to ask some more on this issue I think.

So, we arranged to contact the pozo guy and set up a meeting for the following week.

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