The Juror Who Found Herself Guilty
She never felt right about sending him to prison.
她始终觉得送他进监狱是不对的。
Every year around Christmas, Estella Ybarra would find herself thinking back to December 1990 and that El Paso courtroom, where for three days she sat on a jury holding Carlos Jaile’s fate in her hands.
每年圣诞节前后,埃斯特拉·伊巴拉 (Estella Ybarra) 都会发现自己回想起 1990 年 12 月和埃尔帕索法庭,在那里,她连续三天担任陪审团成员,掌握着卡洛斯·贾尔 (Carlos Jaile) 的命运。
From the start of the trial she’d been unimpressed by the evidence that he had raped an eight-year-old girl.
从审判一开始,她就对他强奸一名八岁女孩的证据不以为然。
The state’s case hinged on the victim’s identification of Jaile in a police lineup two years after the attack.
该州的案件取决于受害者在袭击发生两年后在警察队伍中认出贾尔的身份。
The girl said her assailant wore mechanic’s clothes and drove a beige sedan.
女孩说,袭击她的人穿着机械师的衣服,开着一辆米色轿车。
Jaile was a successful vacuum cleaner salesman who wore a shirt and tie and drove a red Subaru hatchback.
杰尔是一位成功的吸尘器推销员,他穿着衬衫,打着领带,开着一辆红色斯巴鲁掀背车。
His lawyer brought in three alibi witnesses who testified he was with them that day.
他的律师带来了三名不在场证人,证明他那天和他们在一起。
Ybarra was certain he wasn’t guilty.
伊巴拉确信他没有罪。
Then she went to the jury room.
然后她去了陪审室。
Ybarra was 48 at the time, just four foot nine, with long black hair.
伊巴拉当时 48 岁,身高 4 英尺 9 英寸,有一头黑色的长发。
She worked as a supervisor at Lighthouse for the Blind, an agency that helps the visually impaired.
她曾在盲人灯塔(一家帮助视障人士的机构)担任主管。
She was outgoing with friends and colleagues, but not as much with strangers.
她对朋友和同事很外向,但对陌生人就不那么热情了。
She had never served on a jury before, and the truth was the El Paso native had only recently started to feel comfortable speaking English.
她以前从未担任过陪审团成员,事实上,这位埃尔帕索人最近才开始习惯说英语。
When the jurors began deliberating around 2:30 p.m., she quickly realized that only a few others believed in Jaile’s innocence.
当陪审员在下午 2 点 30 分左右开始审议时,她很快意识到只有少数人相信贾尔是无辜的。
She remembered two white men in particular, both of them loud and pushy.
她特别记得两个白人,他们都很吵闹、咄咄逼人。
“He’s guilty,” each insisted the moment they entered the room.
“他有罪,”每个人一进房间就坚持说。
They kept referring to the most dramatic moment in the trial, when the victim took the stand and pointed out Jaile right there in the courtroom.
他们不断提到审判中最戏剧性的时刻,当时受害人出庭并指着法庭上的贾尔。
In their minds, no further proof was needed.
在他们看来,不需要进一步的证据。
Their arguments got more emphatic as the afternoon wore on, with one of them eventually raising his voice in exasperation: “We shouldn’t be sitting here wasting the government’s money!” The other holdouts, all of them Mexican American women, gradually gave in.
随着下午时间的推移,他们的争论变得更加激烈,其中一人最终愤怒地提高了声音:“我们不应该坐在这里浪费政府的钱!”其他坚持不懈的人,全是墨西哥裔美国妇女,也逐渐屈服了。
Finally, sometime around 5 p.m.
最后,下午 5 点左右。
on December 19, Ybarra succumbed to the pressure too.
12月19日,伊巴拉也屈服于压力。
Back inside the courtroom, she hung her head as the jury announced its verdict.
回到法庭后,当陪审团宣布裁决时,她低下了头。
Ybarra couldn’t bear to look at Jaile as he learned he was being sent to prison for the rest of his life.
当伊巴拉得知杰尔将在监狱中度过余生时,他无法忍受看着杰尔。
It was cold and dark when she arrived that night at her little brick house on a cul-de-sac in a working-class neighborhood in El Paso’s Lower Valley.
那天晚上,当她到达位于埃尔帕索下山谷工人阶级社区一条死胡同的小砖房时,天又冷又黑。
She expressed her doubts about the case to her husband, a former deputy sheriff, and her four grown sons.
她向前副警长丈夫和四个已成年的儿子表达了对此案的疑虑。
The trial was over, they told her.
他们告诉她,审判已经结束。
There wasn’t anything else to be done.
没有其他事情可做。
She felt completely alone.
她感到完全孤独。
A few days later she got a letter in the mail.
几天后,她收到一封寄来的信。
At the top, the word “Award” was printed in bold.
顶部,用黑体字印着“奖”字样。
“This certification of appreciation is given to Estella Ybarra for able service as a Juror in the 65th Judicial District Court,” it read.
信中写道:“这份感谢状是授予艾丝黛拉·伊巴拉 (Estella Ybarra),以表彰她作为第 65 区司法法院陪审员所提供的出色服务。”
“By accepting this difficult and vital responsibility of citizenship in a fair and conscientious manner, you have aided in perpetuating the right of trial by jury, that palladium of civil liberty and the only safe guarantee for the life, liberty and property of the citizen.”
“通过以公平和认真的方式接受公民这一艰巨而重要的责任,你们帮助维护了陪审团审判的权利,这是公民自由的钯金,也是公民生命、自由和财产的唯一安全保障。”
Ybarra snorted in disgust.
伊巴拉厌恶地哼了一声。
“We sent an innocent man away for the rest of his life,” she thought to herself.
“我们送了一个无辜的人一辈子,”她心里想。
She stuffed the certificate back in the envelope and tossed it in a desk drawer.
她把证书塞回信封里,扔进办公桌抽屉里。
Her life went on.
她的生活还在继续。
Years passed, then decades.
几年过去了,然后是几十年。
Her four sons married and had children.
她的四个儿子结婚生子。
She grew into her new role as an abuela.
她逐渐适应了阿布埃拉的新角色。
She stopped working, and her husband retired.
她停止了工作,她的丈夫也退休了。
Every year at Christmas she would sit around the tree with her children and grandchildren, opening presents and talking about their lives.
每年圣诞节,她都会和她的孩子和孙子围坐在圣诞树旁,打开礼物并谈论他们的生活。
She treasured such moments, but during those gatherings she also found herself wondering about Jaile: What was his Christmas like, locked in a lonely Texas prison cell?
她珍惜这样的时刻,但在这些聚会中,她也发现自己对贾尔感到好奇:他被锁在德克萨斯州一座孤独的牢房里,过着怎样的圣诞节?
Did he have kids?
他有孩子吗?
What about his parents?
他的父母呢?
The shame she felt came flooding back.
她感到的羞耻感又涌了上来。
Why hadn’t she stood her ground?
她为什么不坚持自己的立场?
Then one day in 2017, she was cleaning out her desk drawers and came upon an old envelope.
2017 年的一天,她在清理办公桌抽屉时发现了一个旧信封。
She opened it and, to her surprise, there was the juror’s certificate.
她打开它,令她惊讶的是,里面有陪审员的证明。
Though it had been 27 years, her “award” was in pristine condition.
尽管已经过去27年了,她的“奖品”仍完好无损。
She held it in her hands, studying those principled words that had unsettled her in the days after the trial: fair and conscientious, life, liberty.
她把它握在手里,研究着审判后几天里令她不安的原则性词语:公平、认真、生命、自由。
All of the old regrets rose in her again.
所有旧日的悔恨再次涌上心头。
But this time something shifted.
但这一次事情发生了变化。
For reasons she didn’t completely understand, she felt different.
由于她不完全理解的原因,她感觉不一样。
In the eighties, Carlos Jaile was one of the best vacuum cleaner salesmen in El Paso.
八十年代,卡洛斯·贾勒 (Carlos Jaile) 是埃尔帕索最好的吸尘器推销员之一。
He sold Kirbys, the elegant, retro machines with distinctive wide steel nozzles.
他出售了 Kirbys,这是一种优雅、复古的机器,具有独特的宽钢喷嘴。
Kirbys were expensive and sold only in person, inside the homes of potential customers, a dynamic in which Carlos thrived.
卡比的价格昂贵,而且只能在潜在客户的家中当面出售,卡洛斯正是在这种动力下茁壮成长的。
For him, there was nothing as exciting as walking up to that front door, anticipating the hustle.
对他来说,没有什么比走到前门、期待着喧嚣更令人兴奋的了。
Carlos had all the attributes of a great salesman: enthusiasm, confidence, empathy, and, with bushy black hair and an easy smile, good looks.
卡洛斯具备伟大推销员的所有品质:热情、自信、同理心,还有浓密的黑发、轻松的微笑和英俊的外表。
He knew that once he got inside, he had five minutes to sell himself—to make the stranger comfortable—and then sell the machine.
他知道,一旦他进去了,他就有五分钟的时间来推销自己——让陌生人感到舒服——然后卖掉机器。
Nobody worked harder.
没有人更努力。
Carlos was the first to arrive at the office and the last to leave.
卡洛斯是第一个到达办公室,也是最后一个离开的。
He closed deals all over the El Paso area—in the more affluent areas near the mountains, in the new suburbs on the East Side, across the border in Juárez.
他完成了整个埃尔帕索地区的交易——在山区附近较富裕的地区,在东区的新郊区,在华雷斯边境。
“Shy salespeople have skinny kids,” he would tell his coworkers.
“害羞的销售人员有瘦小的孩子,”他告诉他的同事。
“Persistence will always overcome resistance.” His boss, Jose Gutierrez, would hold contests, awarding to the top salesperson $50 and a trophy of a bear standing on its hind legs.
“坚持总会战胜阻力。”他的老板 Jose Gutierrez 会举办竞赛,奖励最优秀的销售人员 50 美元和一只用后腿站立的熊的奖杯。
He called it the Bear Hunter Award.
他称之为“熊猎人奖”。
Carlos won so many that his colleagues started calling him the Bear.
卡洛斯赢得了如此多的胜利,以至于他的同事开始称他为“熊”。
He was in his mid-twenties when he started, in 1982.
1982 年,他刚开始工作时才二十多岁。
About five years later he opened his own branch office on Pellicano Drive, eventually employing a dozen salespeople and several secretaries.
大约五年后,他在佩利卡诺大道开设了自己的分公司,最终雇用了十几名销售人员和几名秘书。
He called it Jaile Enterprises and had the words written in large type on the building’s facade.
他将其命名为 Jaile Enterprises,并在建筑物的正面用大字体写下了这几个字。
Carlos was bent on realizing the American dream—just like his father.
卡洛斯一心想要实现美国梦——就像他的父亲一样。
Carlos had grown up in Maywood, a pleasant western suburb of Chicago, the youngest son of Cuban émigrés who fled the island in 1966.
卡洛斯在芝加哥西郊宜人的梅伍德长大,是 1966 年逃离该岛的古巴移民最小的儿子。
His father, Franco, had run a grocery store in Cuba and started another in Maywood that became so successful he also opened a liquor store.
他的父亲弗朗哥(Franco)在古巴经营一家杂货店,并在梅伍德开设了另一家杂货店,该店非常成功,他还开设了一家酒类商店。
Carlos idolized his father and would sometimes tag along and watch how friendly he was with customers, most of whom he knew by name.
卡洛斯崇拜他的父亲,有时会跟着他,观察他对顾客的友好程度,其中大多数人他都知道名字。
Carlos’s cheerful, devout mother, Esther, ran the tight-knit household.
卡洛斯开朗、虔诚的母亲埃斯特(Esther)经营着这个关系紧密的家庭。
Carlos and his three older siblings went to Catholic schools—he was the baby of the family, and his parents doted on him.
卡洛斯和他的三个哥哥姐姐都在天主教学校上学——他是家里的宝贝,他的父母很宠爱他。
“He had a big heart, but he was spoiled and he knew it,” said his high school girlfriend Kim Spallone.
“他有一颗宽广的心,但他被宠坏了,他知道这一点,”他的高中女友金·斯帕龙说。
He was a popular kid and would often play baseball with his friends at fields near his home.
他是一个受欢迎的孩子,经常和朋友们在他家附近的球场上打棒球。
When the Cubs were on TV, they would all plan their afternoons around watching the game.
当小熊队上电视时,他们都会围绕观看比赛来安排下午的时间。
Carlos’s parents had always wanted him to be a doctor, so after graduating from high school, in 1977, he took a few premed classes at a local community college.
卡洛斯的父母一直希望他成为一名医生,因此 1977 年高中毕业后,他在当地的一所社区大学选修了一些医学预科课程。
A former classmate who’d enrolled in medical school in Juárez persuaded Carlos to come check it out.
一位在华雷斯医学院就读的同学说服卡洛斯来看看。
He visited El Paso and liked the city, so he applied and was accepted.
他访问了埃尔帕索并喜欢这座城市,因此他申请并被接受。
Before moving, he and Kim married in Chicago, and once they arrived in Texas, they briefly lived with Carlos’s friend at his ranch-style home on the East Side of El Paso.
搬家之前,他和金在芝加哥结婚,到达德克萨斯州后,他们与卡洛斯的朋友短暂住在他位于埃尔帕索东区的牧场风格的家中。
Their address: 2825 Chaswood.
他们的地址:2825 Chaswood。
Carlos and Kim were young and immature, and the marriage didn’t last.
卡洛斯和金还年轻、不成熟,这段婚姻并没有持续多久。
In May 1980 they got into a heated argument at another friend’s house.
1980年5月,他们在另一个朋友家里发生了激烈的争吵。
The cops were called, which made Carlos angrier.
警察被叫来了,这让卡洛斯更生气了。
“What business is it of yours?” he yelled at the officers.
“关你什么事?”他对警察大喊大叫。
They arrested him for criminal trespass and resisting arrest.
他们以非法侵入罪和拒捕罪逮捕了他。
He was booked, and mug shots were taken.
他被黄牌警告,并拍了照片。
Kim decided not to press charges, but the two officially split that October.
金决定不提出指控,但两人于当年十月正式分手。
Four months later Carlos got himself in trouble again.
四个月后,卡洛斯再次陷入困境。
He was 23 by then and had started dating a 16-year-old.
当时他 23 岁,并开始与一名 16 岁的女孩约会。
Her mother called the police, and Carlos was arrested and charged with statutory rape.
她的母亲报了警,卡洛斯被捕并被指控犯有法定强奸罪。
The case was thrown out after the girl insisted the relationship was consensual.
在女孩坚称这段关系是双方自愿的之后,该案被驳回。
Carlos’s life changed forever in August 1981, when his father died.
1981 年 8 月,卡洛斯的父亲去世,他的生活发生了永远的改变。
Much of his ambition came from his dad.
他的雄心壮志大部分来自于他的父亲。
“I’d wanted him to be proud of me,” he said.
“我希望他为我感到骄傲,”他说。
Now he lost interest in becoming a doctor.
现在他对成为一名医生失去了兴趣。
Carlos dropped out of med school, his future suddenly uncertain.
卡洛斯从医学院退学,他的未来突然变得不确定。
His three older siblings were all in business, and one day he saw an ad in the newspaper promising good money for selling Kirbys.
他的三个哥哥姐姐都在做生意,有一天他在报纸上看到一则广告,承诺出售卡比可以赚大钱。
He visited the office, liked the people, and loved the idea of selling this machine, with its powerful motor and distinctive design.
他参观了办公室,喜欢这里的人,也喜欢销售这台机器的想法,因为它拥有强大的电机和独特的设计。
Carlos saw his future—and it was in sales.
卡洛斯看到了他的未来——那就是销售。
By this point he was dating a young woman named Pam Yates.
此时,他正在和一位名叫帕姆·耶茨的年轻女子约会。
She was blond, beautiful, and smart, studying to be a nurse.
她金发碧眼,美丽又聪明,正在学习成为一名护士。
Soon the two were inseparable.
很快两人就形影不离了。
They began talking about starting a family and were married in 1984.
他们开始谈论组建家庭,并于 1984 年结婚。
The Jailes loved El Paso—the weather, the mountains, the shopping excursions to Juárez.
Jailes 夫妇喜欢埃尔帕索——这里的天气、山脉、华雷斯的购物之旅。
They had a lot of friends and an active social life.
他们有很多朋友和活跃的社交生活。
Carlos, who spent weekends tinkering with the shiny black Trans Am his parents had bought him for his high school graduation, joined a car club that met at a parking lot near his neighborhood.
卡洛斯周末都在摆弄父母为他高中毕业买的闪亮黑色 Trans Am,他加入了一个汽车俱乐部,该俱乐部在他家附近的一个停车场举行。
He felt at home in El Paso and could see himself staying there forever.
他在埃尔帕索感到宾至如归,并希望自己永远留在那里。
And then on June 26, 1989, not long after lunch, a squad car pulled up at Jaile Enterprises.
1989 年 6 月 26 日,午餐后不久,一辆警车停在 Jaile Enterprises 前。
Two uniformed officers walked into the front room and said they were looking for Carlos Jaile.
两名身穿制服的警官走进前室,说他们正在寻找卡洛斯·贾伊勒。
A couple of his employees looked up from their desks.
他的几个员工从办公桌上抬起头来。
“That’s me,” Carlos said.
“那就是我,”卡洛斯说。
“How can I help you?”
“我怎么帮你?”
The cops said they had a warrant for his arrest.
警察说他们有逮捕令。
Carlos was flabbergasted.
卡洛斯大吃一惊。
“You’ve got to be kidding me,” he protested.
“你一定是在跟我开玩笑,”他抗议道。
The cops handcuffed him and took him away.
警察给他戴上手铐并将其带走。
Carlos’s former home on Chaswood.
卡洛斯在查斯伍德的故居。
Photographs by Eric Ryan Anderson A Kirby vacuum, similar to those sold by Carlos in the eighties.
摄影:Eric Ryan Anderson 一台 Kirby 吸尘器,与 Carlos 在八十年代出售的吸尘器类似。
Police and prosecutors in El Paso in the late eighties were, they often boasted, tough on crime.
八十年代末,埃尔帕索的警察和检察官经常吹嘘自己对犯罪的严厉打击。
The city’s district attorney, Steve Simmons, liked to say, “We don’t make sweetheart deals with criminals.” At the time many residents felt anxious about crimes—both real and imagined—committed against children and young women.
该市地方检察官史蒂夫·西蒙斯 (Steve Simmons) 喜欢说:“我们不会与罪犯进行甜心交易。”当时,许多居民对针对儿童和年轻女性的犯罪行为(无论是真实的还是想象的)感到焦虑。
In 1986 two women who worked at a local YMCA day-care center were accused of molesting kids in freakish fashion, including by allowing them to be fondled by “monsters” that the kids described as being twelve feet tall.
1986 年,两名在当地 YMCA 日托中心工作的妇女被指控以怪异的方式猥亵儿童,其中包括允许孩子们抚摸孩子们描述的 12 英尺高的“怪物”。
Each woman was convicted but had her sentence thrown out for procedural reasons.
每位妇女都被定罪,但由于程序原因被撤销。
Unsatisfied, single-minded prosecutors came back and tried them again.
不满的、一心一意的检察官回来再次审理。
One was acquitted and the other found guilty, but her verdict was eventually tossed out a second time.
一名被无罪释放,另一名被判有罪,但她的判决最终被第二次推翻。
In the fall of 1987 the city was thrown into a panic after the bodies of six teenage girls and young women were found buried in shallow graves in the desert north of town.
1987 年秋天,在城北沙漠的浅坟中发现了六具少女和年轻妇女的尸体,这座城市陷入了恐慌。
An auto mechanic named David Wood, age thirty, was eventually caught, convicted of murder, and sent to death row.
三十岁的汽车修理工大卫·伍德最终被抓获,被判犯有谋杀罪,并被送进死牢。
Then came the East Side flasher.
然后是东区闪光。
For two years a man had been driving around the East Side, pulling up next to teenage girls, rolling down his window, and masturbating.
两年来,一名男子一直在东区开车,把车停在十几岁的女孩旁边,摇下车窗,然后自慰。
The police couldn’t catch him, but they had some good leads.
警察没能抓住他,但他们有一些线索。
On April 28, 1989, seventeen-year-old Melanie Nieto was walking to school with a friend when an olive-green Cadillac parked near them.
1989 年 4 月 28 日,17 岁的梅兰妮·涅托 (Melanie Nieto) 和一位朋友步行去学校,一辆橄榄绿的凯迪拉克停在他们附近。
The door opened, and a man emerged with his pants around his ankles.
门打开了,一个男人走了出来,裤子搭在脚踝上。
“Come here, girls,” he said.
“到这里来,女孩们,”他说。
The man eventually sped away.
男子最终扬长而去。
Nieto saw him again that day after school—he was, she later told the cops, either Anglo or Hispanic, about five foot five, 140 pounds, with a beard, sandy brown hair pulled back in a ponytail, and a dirty gray ball cap.
那天放学后,涅托再次见到了他——她后来告诉警察,他是英国人或西班牙人,身高约五英尺五英寸,体重一百四十磅,留着胡须,沙棕色的头发向后扎成马尾辫,戴着一顶脏兮兮的灰色棒球帽。
“He is a very short person,” Nieto emphasized.
“他是一个非常矮的人,”涅托强调道。
Her brother, who was with her, told the police the man was five foot three.
和她在一起的哥哥告诉警方,这名男子身高五英尺三英寸。
A week later, while riding with her boyfriend in his car, she saw him again in the same Cadillac, and they followed him to a house on the East Side.
一周后,当她和男友一起乘车时,她再次看到他开着同一辆凯迪拉克,他们跟着他来到了东区的一所房子。
She watched him park in the driveway and walk inside.
她看着他把车停在车道上,然后走进去。
She called the police and gave them the address: 2825 Chaswood.
她报了警,并给了他们地址:2825 Chaswood。
Paul Blott, the detective who was investigating the Nieto case, wrote in an offense report, “I checked out this address and learned that subject Carlos Manuel Jaile lives at this address.” In fact, Carlos hadn’t lived there in nine years, but Blott still did a little digging and found a mug shot from one of his arrests.
正在调查涅托案的侦探保罗·布洛特在一份犯罪报告中写道,“我查看了这个地址,得知对象卡洛斯·曼努埃尔·贾伊勒住在这个地址。”事实上,卡洛斯已经九年没有住在那里了,但布洛特仍然做了一些挖掘,发现了一张他被捕时的脸部照片。
Carlos had facial hair, but otherwise he was nothing like Nieto’s initial description.
卡洛斯有面部毛发,但除此之外他与涅托最初的描述完全不同。
Carlos was five foot ten and two hundred pounds, and he didn’t have a ponytail or an olive-green Cadillac.
卡洛斯身高五英尺十英寸,两百磅,没有马尾辫,也没有橄榄绿凯迪拉克。
Still, Blott put Carlos’s photo in a lineup with four other bearded Hispanic men and took it to Nieto.
尽管如此,布洛特还是将卡洛斯的照片与其他四名留着胡须的西班牙裔男子放在一起,然后把它带给了涅托。
She picked him out.
她选了他。
Blott even told her his name.
布洛特甚至告诉了她他的名字。
Two weeks later Carlos was arrested at his office for indecent exposure.
两周后,卡洛斯因猥亵暴露在办公室被捕。
Pam bailed him out, and Carlos figured it was just a simple mistake he could straighten out.
帕姆把他救了出来,卡洛斯认为这只是一个简单的错误,他可以纠正。
But things were about to get a lot more complicated.
但事情即将变得更加复杂。
Two years earlier, an eight-year-old girl named Maria had walked out of her babysitter’s El Paso house and wandered down the street.
两年前,一个名叫玛丽亚的八岁女孩走出保姆位于埃尔帕索的房子,在街上闲逛。
A man drove up, stopped, and began talking to her, telling her in Spanish that he was her mother’s mechanic.
一个男人开车过来,停下来,开始和她说话,用西班牙语告诉她,他是她母亲的机械师。
He was dressed accordingly, and when he asked if she wanted a ride, she said yes.
他穿着相应的衣服,当他问她是否想搭车时,她答应了。
He then drove her out into the desert and raped her.
然后他把她赶到沙漠里并强奸了她。
The heinousness of the crime made headlines and shocked the police force.
这起令人发指的罪行登上了头条新闻,震惊了警方。
Maria said the rapist drove a beige sedan.
玛丽亚说,强奸犯开的是一辆米色轿车。
Based on her descriptions, the police made a composite drawing that was used to create a wanted poster, and lead detective Benito Perez made sure both were sent to police stations around the city.
根据她的描述,警方制作了一张合成图,用于制作通缉海报,首席侦探贝尼托·佩雷斯确保两人都被送往城市各地的警察局。
Her assailant, she said, was Hispanic and heavyset with a beard.
她说,袭击她的人是西班牙裔,身材魁梧,留着胡子。
But he hadn’t left any semen, blood, or saliva behind.
但他没有留下任何精液、血液或唾液。
All that investigators found were a few hairs on her body.
调查人员只在她身上发现了几根毛发。
The trail went cold.
小路变冷了。
It warmed up again two years later, in late June 1989.
两年后,即 1989 年 6 月下旬,气温再次变暖。
After putting Carlos in that photo lineup, Blott told Perez that he thought Carlos looked a lot like the guy in Maria’s rendering, made two years before.
将卡洛斯放入照片阵容后,布洛特告诉佩雷斯,他认为卡洛斯看起来很像两年前玛丽亚渲染的那个人。
Perez went to the jail to get a look.
佩雷斯去监狱看看。
As he later wrote in an affidavit, “I got chills when I first saw him because he looked just like the composite drawing.”
正如他后来在一份宣誓书中所写的那样,“当我第一次看到他时,我感到浑身发冷,因为他看起来就像合成图一样。”
On June 27, the day Carlos was released on bond, Perez contacted Blott about putting Carlos in a live lineup for Maria.
6 月 27 日,即卡洛斯保释当天,佩雷斯联系了布洛特,希望将卡洛斯安排在玛丽亚的现场阵容中。
Meanwhile, Blott took a photo lineup to the house of another flasher victim, Kelly Jackson, who was fourteen in September 1988 and had said her potbellied, possibly Hispanic flasher drove a four-door green Cadillac.
与此同时,布洛特在另一位闪光受害者凯莉·杰克逊(Kelly Jackson)的家中拍了一张照片,1988年9月,凯莉·杰克逊(Kelly Jackson)14岁,她说她大腹便便的闪光者,可能是西班牙裔,开的是一辆四门绿色凯迪拉克。
Jackson pointed to Carlos, who was arrested again on June 28 and charged with another count of indecent exposure.
杰克逊指的是卡洛斯,卡洛斯于6月28日再次被捕,并被指控另一项猥亵暴露罪。
Once again, he thought somebody had just made a stupid mistake that needed clearing up.
他再一次认为有人刚刚犯了一个需要纠正的愚蠢错误。
His assumption that this was a harmless misunderstanding ended the next morning, when he was escorted from his cell and inserted into a lineup with five other Hispanic men.
第二天早上,当他被护送出牢房并与其他五名西班牙裔男子一起加入队列时,他认为这是一个无害的误会的假设就结束了。
He had a lawyer with him, who told him why he was there—a little girl had been raped, and he was a suspect.
他身边有一名律师,律师告诉他为什么他在那里——一个小女孩被强奸了,而他是嫌疑人。
For the first time, Carlos started to worry about forces beyond his control.
卡洛斯第一次开始担心他无法控制的力量。
Maria, ten years old by then, pointed to Carlos as her rapist.
当时十岁的玛丽亚指出卡洛斯是强奸她的人。
“As soon as I entered the room,” the girl said in a statement, “I recognized the man that assaulted me almost two years ago.”
“我一进房间,”女孩在一份声明中说,“我就认出了大约两年前袭击我的那个男人。”
Maria said this in Spanish to detective Lilia Beard, who then translated it into English.
玛丽亚用西班牙语向莉莉娅·比尔德侦探说了这句话,后者随后将其翻译成英语。
At the time Beard was the lead detective on another child-rape case, that of a five-year-old named Andrea, who in July 1987 had been kidnapped and assaulted by a man in a light green car.
当时,比尔德是另一起儿童强奸案的首席侦探,该案是一名名叫安德里亚 (Andrea) 的五岁儿童,于 1987 年 7 月被一名乘坐浅绿色汽车的男子绑架并殴打。
Beard was well-known in the department.
比尔德在部门里很有名。
Five years earlier she became the first female valedictorian of the El Paso Police Academy.
五年前,她成为埃尔帕索警察学院第一位女性告别演说者。
Now she dealt with sex crimes against children.
现在她处理针对儿童的性犯罪。
“She was tough as nails,” said defense attorney Matthew DeKoatz, who often saw the results of her work.
“她非常坚强,”经常看到她工作成果的辩护律师马修·德科茨 (Matthew DeKoatz) 说道。
Fifteen minutes after Maria identified Jaile, both Nieto and Jackson were brought in.
玛丽亚认出贾尔后十五分钟,涅托和杰克逊都被带了进来。
Three minutes apart, they both identified Carlos as well.
相隔三分钟,他们都认出了卡洛斯。
These photo and live-lineup procedures, in which the officers in charge knew who the suspect was—and even named him—would not be allowed today.
这些照片和现场排队程序,在这些程序中,负责的官员知道嫌疑人是谁,甚至说出了他的名字,但今天将不再被允许。
Eyewitness misidentification is a leading cause of wrongful convictions, and in 2011 the Texas Legislature passed a law mandating that police departments adopt written rules about photo and live lineups, including making sure they are “blind”—the person running them shouldn’t know who the suspect is so the witness can’t be tipped off, accidentally or otherwise.
目击者误认是错误定罪的主要原因,2011 年,德克萨斯州立法机关通过了一项法律,要求警察部门对照片和现场排队采取书面规则,包括确保他们是“盲人”——管理人员不应该知道嫌疑人是谁,这样就不会意外或以其他方式向证人通风报信。
Departments now have to draw up written policies about matters such as instructions given to witnesses, with the clear aim of keeping processes regimented, objective, and anonymous.
各部门现在必须就向证人发出的指示等问题制定书面政策,其明确目标是保持流程规范、客观和匿名。
But this was 1989, and the police felt they had hit the jackpot.
但那是 1989 年,警察觉得他们中了大奖。
According to an El Paso Times story about Carlos, police were looking at him “as a possible suspect in at least two dozen unsolved indecent exposure cases and an unspecified number of cases in which girls have been kidnapped and sexually abused.”
根据《埃尔帕索时报》有关卡洛斯的报道,警方正在将他视为“至少两打未侦破的不雅暴露案件以及数量不详的女孩被绑架和性虐待案件的可能嫌疑人”。
Carlos was soon charged with kidnapping and aggravated sexual assault.
卡洛斯很快被指控绑架和严重性侵犯。
He called an older brother, Mario, who had just one question: “Did you do this?”
他打电话给哥哥马里奥,他只问了一个问题:“这是你做的吗?”
His brother flew down from Chicago and took charge.
他的兄弟从芝加哥飞来接管。
He hired Michael Gibson, one of the best and most expensive attorneys in El Paso.
他聘请了迈克尔·吉布森(Michael Gibson),他是埃尔帕索最好、最昂贵的律师之一。
In order to pay for the legal expenses, an investigator, and all of the bonds, Carlos had to sell everything—including his Trans Am and his business.
为了支付法律费用、调查员费用和所有债券,卡洛斯不得不卖掉一切,包括他的 Trans Am 和他的企业。
Even more devastating: Pam left him.
更具毁灭性的是:帕姆离开了他。
He phoned her from jail one day, and she told him the marriage was over.
有一天,他从监狱给她打电话,她告诉他婚姻结束了。
“I’m washing my hands of you,” she said.
“我要跟你洗手了,”她说。
He swore he hadn’t done anything wrong, but she hung up.
他发誓自己没有做错任何事,但她挂了电话。
Suddenly the entire life he’d built had vanished.
突然之间,他建立的整个生活都消失了。
Before he’d even gone to trial, it seemed as if everything had been taken from him.
在他接受审判之前,似乎他的一切都被夺走了。
All he had left to fight for was his freedom.
他剩下要争取的就是他的自由。
“Do innocent people actually go to prison?” he asked Gibson, who had worked some four hundred trials in his career.
“无辜的人真的会进监狱吗?”他问吉布森,吉布森在他的职业生涯中进行了大约四百次试验。
Estella was nervous when she got the notice from the Sixty-fifth District Court to report for jury duty in October 1990.
1990 年 10 月,当艾丝黛拉收到第六十五区法院的通知报到担任陪审员时,她感到很紧张。
In many ways she felt like an outsider in her own city.
在很多方面,她都觉得自己是自己所在城市的局外人。
She was born in Segundo Barrio, a historic neighborhood squeezed between the Rio Grande and downtown El Paso that was ofte n referred to as the “other Ellis Island” because of all the migrants who passed through.
她出生在第二巴里奥(Segundo Barrio),这是一个历史悠久的街区,位于里奥格兰德河和埃尔帕索市中心之间,由于所有移民经过这里,经常被称为“另一个埃利斯岛”。
Her father was a steelworker, and her mother raised their fourteen kids; Estella was number four.
她的父亲是一名钢铁工人,她的母亲抚养了十四个孩子。艾丝黛拉排名第四。
Growing up, she slept on the floor in tenement apartments with no toilets or running water.
在成长过程中,她睡在公寓的地板上,没有厕所或自来水。
She spoke no English, and even as a kid she ascertained that the better-paid, well-educated white residents of the city were considered first-class citizens, while Mexican Americans, most of whom were poor, were expected to be deferential and subservient.
她不会说英语,即使在孩提时代,她就知道这座城市收入较高、受过良好教育的白人居民被认为是一等公民,而墨西哥裔美国人(其中大多数是穷人)被认为是恭顺和顺从的。
She remembers watching as her mother let white residents talk over her, whether they were at the bakery or her school.
她记得看到她的母亲让白人居民谈论她,无论他们是在面包店还是她的学校。
Estella didn’t like it, but she found herself falling into the same trap.
艾丝黛拉不喜欢这样,但她发现自己陷入了同样的陷阱。
“Keep quiet,” she was told.
“保持安静,”她被告知。
Estella had olive-colored eyes and was so short her friends called her Pulgarcita, or Thumbelina.
艾丝黛拉有橄榄色的眼睛,而且个子很矮,她的朋友们称她为普尔加西塔(Pulgarcita)或拇指姑娘(Thumbelina)。
She was a smart, chatty kid, unafraid to voice her opinions among her friends.
她是一个聪明、健谈的孩子,不怕在朋友面前表达自己的意见。
She liked school but mostly kept quiet there, because Spanish was forbidden and trying to speak English usually led to other kids laughing at her.
她喜欢上学,但在那里大多保持安静,因为西班牙语是被禁止的,而试图说英语通常会导致其他孩子嘲笑她。
Wanting to make her own money, she dropped out during ninth grade.
为了自己赚钱,她在九年级时就辍学了。
She started babysitting, then got a job doing laundry at Hotel Dieu, the first general hospital in El Paso, making around $100 a month.
她开始做保姆,然后在埃尔帕索第一家综合医院 Hotel Dieu 找到了一份洗衣服的工作,每月收入约 100 美元。
Estella with Johnny and their four kids in 1973.
1973 年,艾丝黛拉和约翰尼以及他们的四个孩子。
Courtesy of Estella Ybarra Estella and her husband, Johnny, in 1962.
由埃斯特拉·伊巴拉 (Estella Ybarra) 和她的丈夫约翰尼 (Johnny) 提供,摄于 1962 年。
Courtesy of Estella Ybarra In December 1961, when she was nineteen years old, she took a couple of her younger siblings shopping at the J. J.
由 Estella Ybarra 提供 1961 年 12 月,当时她 19 岁,她带着几个弟弟妹妹去 J. J. 百货公司购物。
Newberry department store.
纽伯里百货公司。
She was heading down the escalator, and a young man named Johnny Ybarra Jr. was going up.
她正沿着自动扶梯走下去,一位名叫小约翰尼·伊巴拉 (Johnny Ybarra Jr.) 的年轻人正在往上走。
He was struck by her eyes, and when he got to the top, he turned around and went back down to talk to her.
他被她的目光所吸引,当他到达山顶时,他转身又下楼去和她说话。
Johnny was a professional boxer, a featherweight, two years older than she was, with a pompadour of thick black hair.
约翰尼是一名职业拳击手,是羽量级拳击手,比她大两岁,有一头浓密的黑发。
They married a month later.
一个月后他们结婚了。
Johnny soon began working for his father, a longtime constable.
约翰尼很快就开始为他的父亲工作,他的父亲是一位长期的警察。
Through the sixties Estella and Johnny welcomed four sons—Johnny III, Michael, Tommy, and David—and in 1976 the Ybarras bought their first house.
六十年代,艾丝黛拉和约翰尼生下了四个儿子:约翰尼三世、迈克尔、汤米和大卫,并于 1976 年购买了他们的第一栋房子。
To help with the mortgage, Estella got a job in the day care at a local YMCA.
为了帮助偿还抵押贷款,艾丝黛拉在当地一家基督教青年会的日托中心找到了一份工作。
But the pay was low, and she decided to pursue a GED.
但工资很低,她决定攻读 GED。
She had to first take a prep class; after making dinner for her family, she would put her sons to bed and study English late into the night.
她必须先参加预科课程;为家人做好晚饭后,她会让儿子们上床睡觉,学习英语直到深夜。
None of her siblings had graduated from high school, but Estella managed to complete her degree.
她的兄弟姐妹都没有高中毕业,但艾丝黛拉成功完成了学业。
Still, she wanted more—more money but also to feel more involved in her community, to feel more confident speaking English.
尽管如此,她想要更多——更多的钱,但也希望更多地参与她的社区,更自信地说英语。
El Paso Community College offered a two-year program for an associate of applied science in mental health, which would allow her to work with everyone from teenagers to the elderly.
埃尔帕索社区学院为心理健康应用科学副教授提供了为期两年的课程,这将使她能够与从青少年到老年人的所有人一起工作。
Though some in her family, including her mother-in-law, told her she was too old, she enrolled.
尽管她的一些家人,包括她的婆婆,告诉她她太老了,她还是报名了。
She graduated in 1980, at age 38.
她于1980年毕业,时年38岁。
Estella took note of the defendant: he was young, and he reminded her of her eldest son, Johnny.
艾斯黛拉注意到被告:他很年轻,他让她想起了她的大儿子约翰尼。
That allowed her to land the job with Lighthouse for the Blind.
这让她得以在 Lighthouse for the Blind 找到工作。
Estella was good with people and soon was elevated to supervisor, overseeing forty employees and also handling payroll.
艾丝黛拉善于与人相处,很快就被提升为主管,负责监督 40 名员工并处理工资单。
When the jury summons arrived in the mail, Estella was so busy at work that her supervisor didn’t want her to go.
当陪审团传票寄到时,艾丝黛拉工作太忙,她的主管不想让她去。
She wasn’t interested in the judicial system or in politics—she had never even voted for president.
她对司法系统或政治不感兴趣——她甚至从未投票过总统。
But she was picked for the jury.
但她被选为陪审团成员。
When Johnny dropped her off on the first day in court, December 17, 1990, she couldn’t help but notice that the courtroom was just a few blocks from her old neighborhood.
1990 年 12 月 17 日,约翰尼在法庭第一天送她下车时,她不禁注意到法庭距离她的老邻居只有几个街区。
She’d come a long way from Segundo Barrio.
她从第二巴里奥走了很长一段路。
As she took her place in the jury box, she looked around at her fellow jurors.
当她在陪审席上就座时,她环顾四周的陪审员。
Eight were women, most of them Hispanic, and three were men.
八名女性,其中大多数是西班牙裔,三名男性。
Estella took note of the defendant, too: he was young, and he reminded her of her eldest son, Johnny.
艾斯黛拉也注意到了被告:他很年轻,他让她想起了她的大儿子约翰尼。
Carlos, sitting next to his lawyer, didn’t notice Estella.
坐在律师旁边的卡洛斯没有注意到艾丝黛拉。
He was too scared, still trying to figure out how he’d gotten there.
他太害怕了,仍然想弄清楚自己是怎么到那里的。
His mother and older brother were in the gallery, and he would occasionally look back at them for support.
他的母亲和哥哥都在画廊里,他偶尔会回头看看他们以寻求支持。
Despite everything, he was confident he would walk out of there, and that he’d leave town and never return to Texas.
尽管如此,他还是相信自己会走出那里,离开小镇,再也不会回到德克萨斯州。
There was no physical evidence tying him to the crime, such as fingerprints or hairs, and Gibson put together a strong case, including an alibi defense based on the testimony of three people Carlos had shown Kirbys to on the day Maria was raped.
没有任何物证将他与犯罪联系起来,例如指纹或头发,吉布森整理了一个强有力的证据,包括基于卡洛斯在玛丽亚被强奸当天向柯比斯展示的三个人的证词进行不在场辩护。
The assault had happened between 1:30 and 3:30 that afternoon, and one of the witnesses recalled that Carlos, wearing a dark suit, visited her home between 1:30 and 2:00.
袭击事件发生在当天下午1点30分至3点30分之间,其中一名目击者回忆称,身穿深色西装的卡洛斯在1点30分至2点00分期间到她家拜访。
He shampooed and vacuumed a rug and sold her a new unit.
他用洗发水和吸尘器清洗了地毯,然后卖给了她一套新地毯。
In order to have raped Maria, Carlos would’ve had to change clothes, switch cars, cruise the city for his victim, kidnap her, drive into the desert, assault her, return her, switch cars again, change back into his suit, and stop by his office before going out to a final appointment between 4 and 5.
为了强奸玛丽亚,卡洛斯必须换衣服、换车、在城市里寻找受害人、绑架她、开车进入沙漠、袭击她、把她带回来、再次换车、换回他的西装、在他的办公室停下来,然后在四点到五点之间出去进行最后的约会。
Gibson would later say that Carlos’s alibi defense was one of the best he’d ever crafted.
吉布森后来说,卡洛斯的不在场辩护是他有史以来最好的辩护之一。
But the prosecution had one of the most powerful courtroom weapons of all: an eyewitness.
但检方拥有最有力的法庭武器之一:目击证人。
On the first day of the trial, ten-year-old Maria took the stand; her mother was allowed to sit next to her as she testified.
审判的第一天,十岁的玛丽亚出庭作证。她作证时,她的母亲被允许坐在她旁边。
Maria cried as she told what happened to her, and when she pointed out Carlos as her assailant, he noticed tears in the eyes of some of the jurors.
玛丽亚在讲述发生在她身上的事情时哭了,当她指出卡洛斯是袭击她的人时,他注意到一些陪审员眼中含着泪水。
He still believed they would use reason, that they would listen to Gibson, who spoke eloquently about the dangers of relying on the traumatized girl’s “powers of recollection” two years after the assault.
他仍然相信他们会运用理性,相信他们会听取吉布森的意见,吉布森在袭击发生两年后雄辩地讲述了依赖受创伤女孩的“记忆力”的危险。
Scenes from Segundo Barrio.
第二巴里奥的场景。
Photographs by Eric Ryan Anderson Scenes from Segundo Barrio.
摄影:Eric Ryan Anderson 来自 Segundo Barrio 的场景。
Photograph by Eric Ryan Anderson While the case was ongoing, the jurors weren’t supposed to talk about the evidence among themselves, so Estella kept her doubts private.
摄影:Eric Ryan Anderson 在案件进行期间,陪审员之间不应该谈论证据,因此艾丝黛拉将她的疑虑保密。
Surely, she thought, the others had them too.
当然,她想,其他人也有。
But as soon as she walked into the jury room, she realized she was in the minority.
但当她走进陪审室时,她意识到自己属于少数派。
It was easy for her to write “not guilty” on a piece of paper but much harder to discuss the case confidently as the two white men aggressively advocated for guilt.
对她来说,在一张纸上写下“无罪”很容易,但要自信地讨论此案则困难得多,因为这两名白人积极主张有罪。
The old feelings came racing back, the fears of saying the wrong word and getting laughed at.
过去的感觉又回来了,害怕说错话并被嘲笑。
Sitting at the end of the table, she occasionally voiced her opinion that the evidence wasn’t enough.
她坐在桌子的最后,偶尔会表达自己的观点,认为证据还不够。
“It’s the life of a man!” she remembers saying.
“这就是男人的命啊!”她记得她说过。
After a couple hours of heated discussions, she was the last holdout.
经过几个小时的激烈讨论后,她是最后一个坚持的人。
She didn’t completely understand the legal system, that she had every right to stand firm if she believed the state hadn’t proved guilt beyond a reasonable doubt.
她并不完全了解法律体系,如果她相信国家没有毫无疑问地证明有罪,她完全有权坚持立场。
But things were getting ugly.
但事情变得越来越糟糕。
“You’re wasting the taxpayers’ money,” one man said to her.
“你在浪费纳税人的钱,”一名男子对她说。
“Who do you think is paying for your lunch?” Finally, Estella gave in.
“你认为谁为你支付午餐费用?”最终,艾丝黛拉屈服了。
Carlos was stunned when he heard the word “guilty,” as if he had entered some kind of dream state.
听到“有罪”这个词,卡洛斯愣住了,仿佛进入了某种梦境。
Gibson was so incensed that, at the punishment phase, when it was time for him to thank the jury for its service and make a case that jurors should be lenient to his client, he instead insulted them.
吉布森非常愤怒,以至于在惩罚阶段,当他要感谢陪审团的服务并提出陪审员应该对他的委托人宽大处理时,他反而侮辱了他们。
“In some twenty-six long years of prosecuting and defending people in court, trying literally hundreds of cases,” he thundered, “I have never felt compelled or had the opportunity to say the things that I want to say to this jury.
“在大约二十六年的漫长岁月里,我在法庭上起诉和辩护,审理了数百起案件,”他咆哮道,“我从未感到有必要或有机会向陪审团说出我想说的话。
I am shocked and appalled by your verdict.
我对你的判决感到震惊和震惊。
A great injustice has been done here.
这里发生了极大的不公正。
Whatever you do with respect to sentencing can only compound it.
无论你在量刑方面做什么,都只会让事情变得更加复杂。
I’m sorry, but I can’t find it in my heart to thank you.”
对不起,我心里实在找不到感谢之词。”
Prosecutor Robert Riley had no problem showing appreciation to the jury—or asking for a life sentence.
检察官罗伯特·莱利毫不犹豫地向陪审团表示感谢,或者要求判处无期徒刑。
He got it, plus twenty more years.
他得到了它,再加上二十年。
Carlos was handcuffed and taken away.
卡洛斯被戴上手铐并带走。
Estella was so upset that when she got home, she began sobbing.
艾丝黛拉非常难过,回到家后她开始抽泣。
She’d been weak, she thought, giving in and changing her vote.
她想,她一直很软弱,屈服并改变了她的投票。
She talked about it with Johnny, but he told her there wasn’t anything she could do.
她与约翰尼谈论了这件事,但约翰尼告诉她她无能为力。
Drop it, he said.
放下它,他说。
She was a proud member of a law enforcement family, but now the police—with her help—had put someone in prison for something she was certain he hadn’t done.
她是一个自豪的执法家庭成员,但现在警察在她的帮助下将某人关进了监狱,因为她确信他没有做过什么。
That night she lay awake rehashing conversations from the jury room.
那天晚上,她躺在床上,复述着陪审室里的谈话。
Two things happened in the wake of the verdict: one made her feel better, the other worse.
判决后发生了两件事:一件事让她感觉好一点,另一件事让她感觉更糟。
Gibson called to canvas jurors, and he told her she wasn’t alone.
吉布森打电话给画布陪审员,他告诉她,她并不孤单。
Others he’d spoken to had also expressed doubts.
与他交谈过的其他人也表达了怀疑。
“Don’t feel bad,” he said.
“别难过,”他说。
Then came the certificate, which she threw in a drawer in disgust.
然后是证书,她厌恶地把它扔进抽屉里。
Carlos was so humiliated by the verdict that he told his brother to inform his Chicago friends that he had moved to Spain, where one of his uncles lived.
卡洛斯对这一判决感到非常羞辱,他让他的兄弟通知他芝加哥的朋友,他已经搬到了西班牙,他的一个叔叔住在那里。
He was sent to the Clements Unit, a new prison facility and one of the state’s largest, in Amarillo.
他被送往位于阿马里洛的克莱门茨监狱,这是一所新监狱,也是该州最大的监狱之一。
It was terrifying at first—the constant din, the hostile guards, the occasional violence among inmates.
起初这很可怕——持续不断的喧闹声、敌对的警卫、囚犯之间偶尔发生的暴力行为。
The upper-middle-class kid from suburban Chicago learned to choose his acquaintances carefully, to keep secrets.
这位来自芝加哥郊区的中上层阶级孩子学会了谨慎选择他的熟人,以保守秘密。
He was still convinced he could clear up this terrible mistake.
他仍然坚信自己能够纠正这个可怕的错误。
His brother hired an investigator to assist his lawyer working on his direct appeal, but the court ruled against Carlos.
他的兄弟聘请了一名调查员协助他的律师处理他的直接上诉,但法院裁定卡洛斯败诉。
He read about a new nonprofit called the Innocence Project, and his brother wrote asking for help, sending along trial transcripts.
他读到了一个名为“无罪项目”的新非营利组织的消息,他的兄弟写信寻求帮助,并发送了审判记录。
But the group worked only on cases in which DNA had been a known part of the investigation and trial, and the transcripts were sent back.
但该小组只处理 DNA 已成为调查和审判的已知部分的案件,并且笔录被发回。
A couple of years later, Mario, with his wife, flew down to Amarillo to visit.
几年后,马里奥和他的妻子飞往阿马里洛探望。
It was heartbreaking for him to see his kid brother in prison for a terrible crime he knew he hadn’t committed.
看到他的弟弟因为他知道自己没有犯下的可怕罪行而入狱,他感到心碎。
As the years passed, Carlos’s chances for a normal life slipped away, while Mario raised three sons and ran a successful wholesale meat business in Chicago.
随着时间的流逝,卡洛斯过上正常生活的机会逐渐消失,而马里奥抚养了三个儿子,并在芝加哥经营着一家成功的肉类批发生意。
“Don’t give up,” Mario would tell his brother when they spoke on the phone.
“不要放弃,”当他们通电话时,马里奥会告诉他的兄弟。
“Something good will happen.” Their mom died in 1996, five years into his sentence.
“会有好事发生。”他们的母亲于 1996 年去世,也就是他服刑五年后。
Her death was the toughest thing Carlos ever went through, made worse when he applied for a furlough to travel to the funeral and was denied.
她的死是卡洛斯经历过的最艰难的事情,当他申请休假去参加葬礼并被拒绝时,情况变得更糟。
He did a lot of reading (westerns, USA Today ) and praying, attending Mass every Wednesday.
他做了很多阅读(西部片、《今日美国》)和祈祷,每周三都参加弥撒。
Some nights he would lie awake in his cot, asking unanswerable questions.
有些晚上,他会躺在小床上睡不着,问一些无法回答的问题。
Why me?
为什么是我?
What did I do wrong?
我做错了什么?
He held a series of jobs, first in the maintenance office, then starting in 2006 in the law library as a clerk.
他从事过一系列工作,首先是在维护办公室,然后从 2006 年开始在法律图书馆担任文员。
Prisoners would stop in and ask Carlos questions, and he’d help them with forms and dole out advice.
囚犯们会停下来问卡洛斯问题,他会帮助他们填写表格并提供建议。
Because he was a model inmate, he was granted a job in the prison craft shop, working with wood, creating wall clocks and heart-shaped jewelry boxes, each with a rose carved on the top.
由于他是一名模范囚犯,他在监狱工艺品店找到了一份工作,用木头制作挂钟和心形首饰盒,每个首饰盒的顶部都雕刻着一朵玫瑰。
Carlos would spend his spare time—sometimes six or seven hours a day—working on the boxes, briefly forgetting his grief.
卡洛斯会利用业余时间——有时一天六七个小时——处理箱子,暂时忘记悲伤。
He would sell them to guards, staff, and outsiders.
他会把它们卖给警卫、工作人员和外人。
Even in prison he was a businessman: taking orders, buying supplies from vendors, working early until late.
即使在监狱里,他也是一名商人:接受订单,从供应商那里购买物资,早干到晚。
Cubs games were occasionally broadcast on the prison TV, and he watched as many as he could.
监狱电视台偶尔会转播小熊队的比赛,他尽可能多地观看。
He had a running joke with friends at the unit: before I die, just let the Cubs win the World Series.
他和单位里的朋友开了一个玩笑:在我死之前,让小熊队赢得世界大赛。
Then, in 2016, they did.
然后,在 2016 年,他们做到了。
Carlos was often confronted with death.
卡洛斯经常面临死亡。
Several times fellow inmates killed themselves by leaping headfirst from the third tier.
有好几次,狱友从第三层跳下自杀。
But he was determined to never join them.
但他决心永远不加入他们。
He believed something good was going to happen, and he repeated the mantra that he once shared with his Kirby colleagues: persistence over resistance.
他相信好事将会发生,他重复了他曾经与卡比同事分享的口头禅:坚持而不是抵抗。
Estella had troubles in her life too.
艾丝黛拉的生活也遇到了麻烦。
Her mother had died around the time of the trial, her father soon after.
她的母亲在审判期间去世,不久之后她的父亲也去世了。
She had high blood pressure and bleeding ulcers, which put her in the hospital.
她患有高血压和出血性溃疡,这使她住进了医院。
In 1994 she lost her job at Lighthouse.
1994 年,她失去了 Lighthouse 的工作。
She began a part-time gig as a home health-care worker, and to bring in more income, she and Johnny started an informal resale business at the local Bronco Swap Meet.
她开始做家庭保健员的兼职工作,为了带来更多收入,她和约翰尼在当地的野马交换聚会上开展了非正式的转售业务。
They would buy mattresses in bulk from La Quinta for $10 apiece, then sell them for $125 each.
他们会以每张 10 美元的价格从 La Quinta 批量购买床垫,然后以每张 125 美元的价格出售。
She took pride in her sons as they advanced in their careers: Johnny in the Air Force, Michael in the Army, David in the Border Patrol, and Tommy building houses in San Antonio.
她为儿子们在职业生涯中取得的进步感到自豪:约翰尼在空军,迈克尔在陆军,大卫在边境巡逻队,汤米在圣安东尼奥建造房屋。
Every year at Christmas, the family would gather, but she’d still find herself wondering about Carlos.
每年圣诞节,家人都会聚在一起,但她仍然发现自己对卡洛斯感到好奇。
It was an espinita in her side—a little thorn.
那是她身边的一根小刺——一根小刺。
She couldn’t get free of it.
她无法摆脱它。
She kept her feelings mostly to herself but occasionally mentioned them to family.
她大多将自己的感受保密,但偶尔也会向家人提起。
“She felt so bad,” said her granddaughter Trisha Ybarra, who credited Estella with pushing her to go to college and to finish her master’s degree.
“她感觉很糟糕,”她的孙女特丽莎·伊巴拉 (Trisha Ybarra) 说,她认为是艾丝黛拉推动她上大学并完成了硕士学位。
“It would tear her up.”
“这会让她心碎。”
In 2017 Estella was throwing out some old papers when she came upon that 27-year-old envelope.
2017 年,艾丝黛拉 (Estella) 扔掉一些旧文件时,发现了那个已有 27 年历史的信封。
Inside was the certificate.
里面是证书。
She called out to Johnny: “This is what I got for putting an innocent person in jail for life.”
她对约翰尼喊道:“这就是我将一个无辜的人终身监禁所得到的报应。”
She was 75 now.
她现在75岁了。
For a generation she had suppressed the shame, the guilt.
一代人以来,她一直压抑着羞耻感和愧疚感。
She had gone through a lot in that time.
那段时间她经历了很多。
She’d become more engaged in the world around her.
她对周围的世界变得更加投入。
She had seen her children and grandchildren become active citizens.
她看到她的孩子和孙子成为积极的公民。
Most important, she’d become more assertive.
最重要的是,她变得更加自信。
“I found that you have more power if you talk,” she said.
“我发现,如果你说话,你就会拥有更大的力量,”她说。
“There’s nothing wrong if you say what you think.”
“只要你说出你的想法就没有什么问题。”
She knew how hard it was to take a stand.
她知道,坚持自己的立场是多么困难。
She knew how hard it was to do the right thing.
她知道做正确的事有多难。
And now she was going to do it.
现在她要这么做了。
She called the El Paso Police Department and told the woman on the line that she had been a juror on a 1990 case, and that even after all these years she didn’t think the guy was guilty.
她给埃尔帕索警察局打电话,告诉电话里的那位女士,她曾是 1990 年一起案件的陪审员,即使这么多年过去了,她也不认为这个人有罪。
The woman told her it was too late to do anything and hung up.
那位女士告诉她现在已经来不及做任何事情了,然后就挂断了电话。
Estella called back and talked to someone else.
艾斯黛拉回电话并与其他人交谈。
She explained everything again, recalling details from the trial.
她回忆起审判的细节,再次解释了一切。
This time the person told her to dial the office of Jaime Esparza, the district attorney.
这次,那个人让她拨打地区检察官海梅·埃斯帕扎的办公室。
Estella called and explained again what was on her mind.
艾丝黛拉打来电话,再次解释了她的想法。
She was transferred to Tom Darnold, the head of the appellate division.
她被转移到上诉部门负责人汤姆·达诺德 (Tom Darnold) 处。
DA’s offices get unusual calls all the time, including from jurors having doubts about cases, but usually these come immediately after a trial.
地方检察官办公室总是接到不寻常的电话,包括陪审员对案件有疑问的电话,但通常这些电话是在审判后立即打来的。
Estella was calling about a case from when Bill Clements was governor.
艾丝黛拉打来电话是关于比尔·克莱门茨担任州长时发生的一起案件。
She told Darnold what she’d told the others: she didn’t feel right about the verdict.
她告诉达诺德她告诉其他人的话:她对判决感觉不对。
Something she said convinced Darnold to take her seriously, and he promised her he’d look into it.
她说的一些话说服了达诺德认真对待她,他向她保证他会调查此事。
He read the appellate opinion and didn’t see any obvious red flags.
他阅读了上诉意见,没有看到任何明显的危险信号。
He told his boss Esparza about the unusual call from the juror and about his research, and Esparza told him to keep digging.
他告诉他的老板埃斯帕扎关于陪审员打来的不寻常电话以及他的研究,埃斯帕扎告诉他继续挖掘。
Darnold read the trial transcripts and saw that the case wasn’t the strongest the office had ever prosecuted.
达诺德阅读了审判记录,发现这起案件并不是该办公室起诉过的最有力的案件。
He noted the discrepancies with the car and clothes, and also that Carlos had a strong alibi.
他注意到汽车和衣服的差异,并且卡洛斯有很强的不在场证据。
He went back to Esparza, who decided it was time to take the whole thing to the next level.
他回到埃斯帕扎那里,埃斯帕扎认为是时候将整个事情提升到一个新的水平了。
“We decided,” said Darnold, “just to be on the safe side: let’s look further.”
“我们决定,”达诺德说,“只是为了安全起见:让我们看得更远。”
It soon became clear that in Carlos’s case, the rules had been flat-out ignored.
很快我们就发现,在卡洛斯的案例中,这些规则完全被忽视了。
Esparza called in Roberto Ramos, a longtime assistant DA, and the only person in the foreign prosecution unit, which went after fugitives who fled to Mexico.
埃斯帕扎找来了长期担任检察官助理的罗伯托·拉莫斯,他也是外国检察部门中唯一的人员,负责追捕逃往墨西哥的逃犯。
Ramos was known as a quiet, diligent lawyer who would come in on Sundays to finish his work.
拉莫斯被认为是一位安静、勤奋的律师,他会在周日过来完成工作。
His role in Carlos’s case was to be an unofficial one-man conviction-integrity unit.
他在卡洛斯案件中的角色是成为一个非官方的单人定罪诚信单位。
As he later said, “I review the case, which includes the evidence and the testimony.
正如他后来说,“我审查了这个案子,其中包括证据和证词。
I review our file.
我查看了我们的文件。
I review the work that was performed by our office to make sure that the rules of disclosure have been complied with.”
我会审查我们办公室所做的工作,以确保披露规则得到遵守。”
It soon became clear that in Carlos’s case, the rules had been flat-out ignored.
很快我们就发现,在卡洛斯的案例中,这些规则完全被忽视了。
Most of the DA’s file had been destroyed long ago, and Ramos asked his investigator to cast a wide net looking for documents.
地方检察官的大部分档案早已被销毁,拉莫斯要求他的调查员广泛撒网寻找文件。
In early August 2017 the investigator contacted the FBI—and struck gold.
2017 年 8 月上旬,调查员联系了 FBI,并发现了真相。
The FBI uncovered five letters from 1989 and 1990 between the FBI lab and the El Paso Police Department, addressed to Lilia Beard—the lead detective who had taken the statement from Maria, the young rape victim.
联邦调查局发现了 1989 年和 1990 年联邦调查局实验室和埃尔帕索警察局之间写给莉莉亚·比尔德的五封信,莉莉亚·比尔德是从年轻强奸受害者玛丽亚那里获取证词的首席侦探。
The FBI lab was at the time one of the only places in the country handling DNA profiling, the crime-solving technology that had first been used in Texas courts in 1988.
FBI 实验室当时是全国唯一处理 DNA 分析的地方之一,这项破案技术于 1988 年首次在德克萨斯州法院使用。
The letters showed that on July 12, 1989, Beard called John Brown of the FBI lab about sending clothes and biological samples from two victims—hair found on Maria in addition to hair and semen discovered on the clothing of Andrea, the five-year-old rape victim whose case Beard had also been investigating.
这些信件显示,1989 年 7 月 12 日,比尔德打电话给联邦调查局实验室的约翰·布朗,询问寄送两名受害者的衣服和生物样本——在玛丽亚身上发现的头发,以及在安德里亚 (Andrea) 的衣服上发现的头发和精液,安德里亚是一名五岁的强奸受害者,比尔德也在调查她的案件。
(Police believed Andrea’s case was so similar to Maria’s that for a time the prosecution considered using it to shore up Maria’s case.) Because police suspected Carlos had assaulted the girls, they had also taken biological samples from him—blood, hair, and saliva.
(警方认为安德里亚的案件与玛丽亚的案件非常相似,以至于检方一度考虑用它来支持玛丽亚的案件。)由于警方怀疑卡洛斯袭击了这些女孩,他们还从他身上采集了生物样本——血液、头发和唾液。
Beard then wrote a cover letter about the package she and Perez put together.
然后,比尔德写了一封求职信,介绍她和佩雷斯组装的包裹。
The letters addressed to Beard were stunning.
写给比尔德的信令人震惊。
The first had arrived January 9, 1990, six months after Carlos’s arrest, saying the hairs found on Maria’s clothes were “unlike” Carlos’s.
第一份信件于 1990 年 1 月 9 日送达,即卡洛斯被捕六个月后,称玛丽亚衣服上发现的毛发与卡洛斯的“不同”。
The second came the next day: the hairs found on Andrea’s clothes were also “unlike” Carlos’s.
第二次发生在第二天:安德里亚衣服上发现的毛发也“不像”卡洛斯的。
Four months later—and seven months before Carlos would go on trial—came the DNA results from Andrea’s underwear.
四个月后,也就是卡洛斯出庭受审前七个月,安德里亚内衣的 DNA 检测结果出来了。
The profile had been compared with Carlos’s, and the semen “could not have been contributed by this individual.” These results should have made Carlos the first Texan to be cleared by DNA.
该资料与卡洛斯的资料进行了比较,精液“不可能是这个人提供的”。这些结果本应使卡洛斯成为第一个通过 DNA 清除的德克萨斯人。
All that digging uncovered another surprise: the district attorney and Carlos’s defense attorney, Gibson, knew about the testing too.
所有这些挖掘发现了另一个惊喜:地方检察官和卡洛斯的辩护律师吉布森也知道测试的情况。
In January 1990 assistant district attorney Gina Longoria filed a motion asking to delay the trial because of the testing being done.
1990 年 1 月,助理地区检察官吉娜·朗格利亚 (Gina Longoria) 提出动议,要求推迟审判,因为测试正在进行。
She wrote that she’d already informed Gibson about the DNA tests.
她写道,她已经向吉布森通报了 DNA 测试的情况。
She had even called the lab to talk about the testing in Andrea’s case.
她甚至打电话给实验室讨论安德里亚案例的测试。
In other words, Ramos’s research revealed that everybody knew about the DNA testing, and even when the results indicated Carlos wasn’t the rapist, nobody did anything about it.
换句话说,拉莫斯的研究表明,每个人都知道 DNA 测试,即使结果表明卡洛斯不是强奸犯,也没有人采取任何行动。
In July 2018 Carlos was sitting in his cell in Amarillo when he was told to go to the mail room.
2018 年 7 月,卡洛斯坐在阿马里洛的牢房里,被告知去收发室。
He was sixty years old, his hair completely gray.
他已经六十岁了,头发全白了。
The letter that awaited him was from an El Paso lawyer named Matthew DeKoatz, whom he’d never heard of.
等待着他的信来自一位名叫马修·德科茨的埃尔帕索律师,他从未听说过他。
Carlos walked to the library, sat down, and began reading.
卡洛斯走到图书馆,坐下来开始读书。
DeKoatz wrote that his firm had been appointed to pursue an 11.07 writ on Carlos’s behalf.
DeKoatz 写道,他的公司已被指定代表卡洛斯提起 11.07 令状。
Carlos knew from his work in the library that this referred to a writ of habeas corpus, a potential ticket out of prison for the wrongly convicted.
卡洛斯从他在图书馆的工作中知道,这指的是一份人身保护令,这是一张可能被错误定罪的人出狱的门票。
He showed the letter to his supervisor Daryl Glenn, who looked at Carlos excitedly.
他把这封信拿给他的主管达里尔·格伦看,后者兴奋地看着卡洛斯。
“You probably got some action,” he said.
“你可能会采取一些行动,”他说。
Tears rushed to Carlos’s eyes.
卡洛斯的眼里涌出泪水。
Soon after, he got on the phone with DeKoatz, who told him about the DNA and hair evidence and also explained how all of this had come about—a call from a juror second-guessing the verdict.
不久之后,他与德科茨通了电话,德科茨向他讲述了 DNA 和头发证据,并解释了这一切是如何发生的——这是陪审员打来的电话,对判决进行了事后猜测。
Carlos was confident he would finally be going home, but first he had to win the writ.
卡洛斯相信他最终会回家,但首先他必须赢得令状。
DeKoatz alleged that back in 1990 the state had failed to turn over scientific evidence that would have led to Carlos’s acquittal.
德科茨声称,早在 1990 年,该州就未能提供可以导致卡洛斯无罪释放的科学证据。
He requested a new trial.
他请求重新审判。
Judge Patrick Garcia set an evidentiary hearing for November 2018 to see whether the state had indeed hidden evidence.
法官帕特里克·加西亚 (Patrick Garcia) 定于 2018 年 11 月举行证据听证会,以确定该州是否确实隐藏了证据。
By day three of that hearing, it was clear that the answer was yes; it was also clear that several El Paso lawyers and cops have lousy memories.
到听证会的第三天,答案显然是肯定的;很明显,埃尔帕索的几名律师和警察都有糟糕的记忆。
Though Carlos’s case was the first involving DNA in El Paso history, few of the players remembered it.
尽管卡洛斯的案件是埃尔帕索历史上第一起涉及 DNA 的案件,但很少有球员记得这件事。
His trial lawyer Gibson swore he didn’t recall any discussion about DNA or hairs and said he would have used DNA if he’d known about it.
他的审判律师吉布森发誓,他不记得任何有关 DNA 或头发的讨论,并表示如果他知道的话,他会使用 DNA。
Longoria, who had worked up the case for trial, said, “I have no independent recollection of this case.” She pointed out how all the letters regarding DNA were addressed to the police, not her or the DA’s office.
负责审理此案的朗格利亚说:“我对此案没有独立的记忆。”她指出所有有关 DNA 的信件都是写给警方的,而不是她或地方检察官办公室。
She acknowledged talking to the FBI lab about the testing but said she never saw the results.
她承认与联邦调查局实验室谈论过测试,但表示她从未看到结果。
Detective Perez couldn’t be at the hearing but filed an affidavit in which he wrote, “I was shown documentation reflecting that I, along with Detective Lilia Beard, requested that the FBI conduct DNA testing in that case and in another case involving similar facts.
佩雷斯侦探无法出席听证会,但提交了一份宣誓书,他在其中写道:“我收到的文件显示,我和莉莉娅·比尔德侦探一起要求联邦调查局对该案以及涉及类似事实的另一起案件进行 DNA 测试。
I do not have any recollection of anything related to that request, including whether or not our department ever received the results.”
我不记得与该请求相关的任何事情,包括我们的部门是否收到过结果。”
Beard, the main character in the DNA saga, wasn’t at the hearing—and wasn’t even subpoenaed to be there.
DNA 传奇中的主角比尔德没有出席听证会,甚至没有被传唤出席。
The judge asked where she was.
法官问她在哪里。
“Your Honor, I tried to get ahold of her, and she wouldn’t call me,” assistant district attorney Rebecca Quinn responded.
“法官大人,我试图联系她,但她不给我打电话,”助理地区检察官丽贝卡·奎因回应道。
(Beard, who changed her last name to Medina after getting married, retired from the police force and has been a hospice nurse for more than a decade.
(比尔德结婚后将姓氏改为梅迪纳,从警察部队退休,并担任临终关怀护士十多年。
She said recently that no one reached out.
她最近表示,没有人伸出援手。
“If I had been contacted,” she maintained, “I certainly would have gone.”)
“如果有人联系我,”她坚称,“我肯定会走。”)
Judge Garcia didn’t hold back in his March 2019 opinion, blaming everybody involved in the case for failing Carlos: “It was incumbent upon the state to reveal this information to Carlos Jaile’s lawyer.
加西亚法官在 2019 年 3 月的意见中毫不犹豫,指责参与该案的每个人都没有让卡洛斯失望:“国家有责任向卡洛斯·贾伊勒的律师透露这一信息。
It appears that the state’s lawyers were in the least grossly negligent if not more in failing to disclose this information and turn it over to the defense.
看来,该州律师未能披露这一信息并将其移交给辩方,至少是严重疏忽。
The state’s excuse that they didn’t know about these reports because they were sent to El Paso Police and not the state is unacceptable.
州政府借口说他们不知道这些报告,因为这些报告是发送给埃尔帕索警方的,而不是州政府,这是不可接受的。
The court further finds the defense lawyer was aware these tests were being conducted and should have demanded to know the results.”
法院进一步认为,辩护律师知道正在进行这些测试,并且应该要求知道结果。”
The judge acknowledged that DNA testing was new at the time.
法官承认DNA检测在当时还是新鲜事。
“But that doesn’t excuse the prosecution in failing to turn it over.” He recommended that the Court of Criminal Appeals grant Carlos a new trial, something the district attorney objected to, arguing that the DNA and hair evidence didn’t prove that Carlos wasn’t guilty.
“但这并不能成为检方未能移交案件的借口。”他建议刑事上诉法院对卡洛斯进行一次新的审判,但地区检察官对此表示反对,认为 DNA 和头发证据并不能证明卡洛斯无罪。
The CCA, which is the state’s highest criminal tribunal, ultimately agreed with Garcia.
该州最高刑事法庭 CCA 最终同意加西亚的观点。
The state still had to decide whether to retry Carlos.
州政府仍需决定是否重审卡洛斯。
In the meantime, he would get to post bond—and go home.
与此同时,他将获得保释并回家。
In late August a sheriff’s deputy drove Carlos from Amarillo to the El Paso County jail annex, where he lingered for two weeks.
八月下旬,一名副警长开车将卡洛斯从阿马里洛带到埃尔帕索县监狱附楼,他在那里逗留了两周。
Finally, at dusk on September 12, after the judge approved a $30,000 bond, the jail’s electric doors opened, and Carlos, carrying a small bag containing his Bible and a few legal documents, walked out.
终于,9月12日黄昏,法官批准了3万美元的保释金后,监狱的电动门打开了,卡洛斯拎着一个装有圣经和几份法律文件的小包走了出来。
Often when wrongly convicted citizens go free, they emerge from the jailhouse with arms raised, joined by smiling defense attorneys as they meet a crowd of well-wishers and journalists, who ask how it feels to finally get justice.
通常,当被错误定罪的公民获释时,他们会举起双臂从监狱出来,微笑的辩护律师也加入其中,与一群祝福者和记者会面,他们询问最终伸张正义的感觉如何。
Carlos was alone.
卡洛斯独自一人。
There were no reporters to ask about the hidden DNA evidence, no prosecutors pledging to do better next time, no defense lawyers patting him on the back.
没有记者询问隐藏的DNA证据,没有检察官承诺下次会做得更好,没有辩护律师拍拍他的背。
It was as if El Paso officials wanted Carlos to slip away quietly in the night.
埃尔帕索的官员似乎希望卡洛斯在夜里悄悄溜走。
He sat on a curb in the dark to wait for his brother, who had flown down from Chicago and was driving over from a nearby hotel.
他在黑暗中坐在路边等待他的兄弟,他的兄弟从芝加哥飞来,从附近的一家旅馆开车过来。
Fifteen minutes later, Mario pulled up.
十五分钟后,马里奥把车停了下来。
The two hugged, and both began crying.
两人拥抱在一起,都哭了起来。
“Thank you,” said Carlos.
“谢谢你,”卡洛斯说。
Then he asked if his little brother was hungry.
然后他问弟弟饿不饿。
Yes, said Carlos.
是的,卡洛斯说。
He was craving Whataburger.
他很想吃Whataburger。
As they drove across El Paso, Carlos couldn’t help but look around warily, as if someone might be pursuing him to throw him back in prison.
当他们开车穿过埃尔帕索时,卡洛斯忍不住警惕地环顾四周,仿佛有人正在追捕他,要把他扔回监狱。
But the next morning they flew home to Chicago, Carlos taking the window seat, still in disbelief as he gazed at Soldier Field shortly before touching down.
但第二天早上,他们飞回芝加哥的家,卡洛斯坐在靠窗的座位上,在落地前不久,他仍然难以置信地凝视着士兵球场。
He moved in with Mario, who, with his wife, Mercy, was an empty nester.
他搬去和马里奥住在一起,马里奥和他的妻子梅西都是空巢老人。
Carlos grew close with Mario’s three sons; the oldest was still a toddler the last time Carlos saw him.
卡洛斯与马里奥的三个儿子关系密切。卡洛斯最后一次见到最大的孩子时,他还是个小孩。
On weekends they often took him to play a round of golf or hit a bucket of balls at a driving range.
周末他们经常带他去打一场高尔夫球或者去练习场打一桶球。
That fall, Mario took Carlos to a Cubs game at Wrigley Field, and Carlos gawked at the ivy-colored walls as they walked into the stadium.
那年秋天,马里奥带卡洛斯去瑞格利球场观看小熊队的比赛,当他们走进体育场时,卡洛斯呆呆地看着常春藤色的墙壁。
When they settled into their seats, Carlos burst into tears.
当他们坐定后,卡洛斯泪流满面。
He was desperate to start earning money again, and he worked at Mario’s meat shop for a few years.
他迫切地想重新开始赚钱,于是他在马里奥的肉店工作了几年。
In November 2022 he landed a job with the Illinois Department of Human Services as an office coordinator.
2022 年 11 月,他在伊利诺伊州人类服务部找到了一份办公室协调员的工作。
In his free time he would visit places from his childhood.
在空闲时间,他会参观童年时去过的地方。
One day he found himself at his old elementary school, and memories flooded him as he walked around.
有一天,他发现自己回到了原来的小学,当他走来走去时,回忆涌入他的脑海。
He began thinking about his old friend Kathy.
他开始想起他的老朋友凯西。
They’d met when they were six, and though they were close, they’d lost touch in high school.
他们六岁时相识,虽然关系很亲密,但在高中时就失去了联系。
She was probably married, he thought, but he wanted to find out.
她可能已经结婚了,他想,但他想知道答案。
One of his nephews looked up her phone number, and he got up the courage to call.
他的一个侄子查到了她的电话号码,他鼓起勇气拨通了电话。
It turned out she was retired after 35 years with UPS, divorced, and had a grown son.
事实证明,她在 UPS 工作了 35 年后退休了,离婚了,并有了一个已经长大的儿子。
Talking with her was easy, and they quickly became friends again.
和她交谈很容易,他们很快又成了朋友。
Soon he asked her out.
很快他就约她出去了。
After their date, they went back to her house.
约会结束后,他们就回到了她家。
“I need to tell you something,” he said, and recounted the story of his last three decades.
“我需要告诉你一些事情,”他说道,并讲述了他过去三十年的故事。
“You don’t have to believe me,” he reassured her, pulling out several documents he had brought along, including Judge Garcia’s opinion.
“你不必相信我,”他向她保证,拿出他带来的几份文件,包括加西亚法官的意见。
As she read, she began crying.
当她读到的时候,她开始哭泣。
She stayed with him, and soon he moved in with her.
她和他住在一起,很快他就搬来和她住在一起。
I first reached out to Carlos in June 2022, but he wasn’t interested in talking.
我第一次联系卡洛斯是在 2022 年 6 月,但他没有兴趣交谈。
He’d experienced enough grief, he said, and wanted to put everything behind him.
他说,他已经经历了足够多的悲伤,想把一切抛在脑后。
He’d also known other wrongly convicted men who felt betrayed by journalists.
他还认识其他被错误定罪的人,他们感到自己被记者背叛了。
I wrote him three more times.
我又给他写了三封信。
His story involved hidden DNA results that should have freed him 32 years ago, I said, and the only reason the genetic testing came to light was because of a juror who was still anonymous.
我说,他的故事涉及隐藏的 DNA 结果,这些结果在 32 年前就应该让他重获自由,而基因测试曝光的唯一原因是一位仍匿名的陪审员。
I told him I wanted to track her down.
我告诉他我想找到她。
Finally, he agreed.
最后他同意了。
I flew to Chicago last May and drove through the western suburbs to meet him at a crowded restaurant.
去年五月,我飞往芝加哥,开车穿过西郊,在一家拥挤的餐厅与他见面。
Carlos was burly and shy, his hair short and gray.
卡洛斯身材魁梧,害羞,头发又短又灰白。
We sat at a booth, and he was initially guarded.
我们坐在一个摊位前,他一开始是有人看守的。
When he smiled, his face sometimes curled into something like a grimace.
当他微笑时,他的脸有时会卷成一个鬼脸。
Within ten minutes, though, as he spoke about his father, he was wiping his eyes with the handkerchief he’d pulled from his shirt pocket.
然而,不到十分钟,当他谈到他的父亲时,他就用从衬衫口袋里掏出的手帕擦眼睛。
The other person whose name consistently brought tears was his older brother.
另一个总是让人落泪的人是他的哥哥。
“Mario was the rock,” he said.
“马里奥是磐石,”他说。
“And I owe him the world.”
“我欠他整个世界。”
I spent the day with him, talking about his case and his life, from Chicago to El Paso to Amarillo, from successful salesman to convicted child rapist to free man.
我花了一天的时间和他在一起,谈论他的案件和他的生活,从芝加哥到埃尔帕索再到阿马里洛,从成功的推销员到被定罪的儿童强奸犯再到自由人。
He expressed gratitude to both Ramos and the juror.
他对拉莫斯和陪审员表示感谢。
“I don’t know anything about her,” Carlos said.
“我对她一无所知,”卡洛斯说。
“I don’t even know her name.
“我什至不知道她的名字。
Maybe I can just say thank you for setting me free.”
也许我只能说谢谢你让我自由了。”
The district attorney had finally dismissed the charges against him, but Carlos hadn’t been found actually innocent, a legal classification that would make him eligible for more than $2 million in compensation from the state for his almost 29 years behind bars.
地区检察官最终驳回了对他的指控,但卡洛斯并未被认定为真正无罪,这一法律分类将使他有资格从州政府获得超过 200 万美元的赔偿,以弥补他近 29 年的牢狱之灾。
From his work in the law library, he knew all about actual innocence: how rarely it was granted and how hard it was to prove—his appellate lawyer didn’t even bother claiming it in Carlos’s appeal, so the judge wasn’t able to consider it.
从他在法律图书馆的工作中,他了解了真正的无罪的一切:无罪被承认的情况是多么罕见,证明是多么困难——他的上诉律师甚至懒得在卡洛斯的上诉中声称这一点,所以法官无法考虑这一点。
We also talked about how he could’ve been the first Texan to be cleared by DNA, a dubious honor that instead went to Gilbert Alejandro, of Uvalde, who was convicted of rape in 1990 and exonerated in 1994.
我们还讨论了他如何成为第一个通过 DNA 证明无罪的德克萨斯人,这项可疑的荣誉却落到了来自尤瓦尔迪的吉尔伯特·亚历杭德罗 (Gilbert Alejandro) 身上,他于 1990 年被判犯有强奸罪,并于 1994 年被无罪释放。
I asked Carlos who he thought bore the brunt of the blame for DNA evidence not showing up in his trial: the police, the DA, or his own attorney, Gibson.
我问卡洛斯,他认为谁应该为 DNA 证据没有出现在他的审判中而首当其冲:警察、地方检察官,还是他自己的律师吉布森。
“Straight-up crooked cops,” he said.
“这些正直、不诚实的警察,”他说。
“That’s all it was.
“就是这样。”
Plain and simple.”
简单明了。”
Everyone involved in Carlos’s case found a reason to look the other way.
参与卡洛斯案件的每个人都有理由对此视而不见。
Everyone, that is, except for one woman determined to do the right thing.
每个人,除了一位决心做正确事的女性之外。
When I later called Beard (now Medina), the former detective insisted she didn’t recall the case.
当我后来打电话给比尔德(现在是麦迪纳)时,这位前侦探坚称她不记得这个案子了。
She also insisted she wouldn’t have knowingly hidden DNA testing.
她还坚称自己不会故意隐藏 DNA 检测。
“I can’t see any of us intentionally or maliciously withholding that evidence.
“我看不出我们中有任何人故意或恶意隐瞒这些证据。
I mean, if he’s not the right guy, he’s not the right guy.”
我的意思是,如果他不是合适的人,那么他就不是合适的人。”
Yet Bob Storch, a longtime El Paso defense lawyer, told me, “Back then, cops hiding the ball was standard procedure.
然而,埃尔帕索的长期辩护律师鲍勃·斯托奇告诉我,“当时,警察藏球是标准程序。
If they found that the evidence didn’t meet their purpose or was inconsistent with their theory, they just ignored it or swept it off to the side.
如果他们发现证据不符合他们的目的或与他们的理论不一致,他们就会忽略它或将其放在一边。
They got tunnel vision.
他们目光狭隘。
When the DNA tests finally came back, the cop may not have even opened the envelope.
当 DNA 测试结果最终出来时,警察可能甚至还没有打开信封。
Probably just threw it in the box.”
可能只是把它扔进盒子里了。”
Beard’s former partner John Guerrero told me he suspects that the other evidence was given more credence.
比尔德的前合伙人约翰·格雷罗告诉我,他怀疑其他证据更有可信度。
“I can tell you that in all probability,” he explained, “their whole case was that he was identified in the lineup.
“我可以告诉你,很可能,”他解释道,“他们的整个案子就是他在阵容中被认出来了。
‘Look, we don’t care that you have an alibi.
‘听着,我们不在乎你有不在场证据。
She picked you out.
她选了你。
You’re the guy.’ ”
你就是那个人。’”
Another case from the same year reveals that Beard was indeed prone to tunnel vision, as was Guerrero.
同年的另一个案例表明,比尔德确实有狭隘视野的倾向,格雷罗也是如此。
In August 1990 the two interrogated a young man named Orlando Garcia, whose mother had been murdered.
1990 年 8 月,两人审讯了一位名叫奥兰多·加西亚的年轻人,他的母亲被谋杀了。
After an eight-hour session with Beard and Guerrero, Garcia confessed.
在与比尔德和格雷罗进行了八个小时的会谈后,加西亚承认了这一点。
He recanted immediately and at trial described how the two had fed him information and intimidated him, with Guerrero pulling his hair and pushing him around.
他立即放弃了立场,并在审判中描述了两人如何向他提供信息并恐吓他,格雷罗拉扯他的头发并推搡他。
Jurors found Garcia not guilty.
陪审团裁定加西亚无罪。
When I reached Garcia recently, he told me that, from the start, it was clear Beard and Guerrero had made up their minds about him.
当我最近到达加西亚时,他告诉我,从一开始,比尔德和格雷罗就很明显对他下定了决心。
“They had their man, and that was me.
“他们有他们的人选,那就是我。
They never looked for anybody else.” He said that during the interrogation they’d played good cop, bad cop, though he said Beard could be rough too.
他们从来没有寻找过其他人。”他说,在审讯期间,他们扮演了好警察,也扮演了坏警察,尽管他说比尔德也可能很粗暴。
“I remember her specifically saying.
“我记得她特别说过。
‘We have you by the maracas.’ ” (She recently denied saying this.)
“我们在沙球旁抓住了你。”(她最近否认说过这句话。)
Of course, it wasn’t just the cops who were at fault in Carlos’s case.
当然,卡洛斯案中的过错不只是警察。
The DA’s office played a role.
地方检察官办公室发挥了作用。
Two lawyers told me that in El Paso in 1990, if prosecutors had doubts about their cases, they were told to ignore them and push ahead to trial—to let a jury settle the issue.
两位律师告诉我,1990 年在埃尔帕索,如果检察官对他们的案件有疑问,他们会被告知不要理睬这些疑问并推进审判,让陪审团解决问题。
“Prosecutors are competitive,” said Charles Roberts, a longtime El Paso defense attorney.
“检察官很有竞争力,”埃尔帕索的长期辩护律师查尔斯·罗伯茨说。
“Sometimes they find it difficult to shed the jerseys of their team in the heat of trial preparation and go down investigative paths that might help the defendant.”
“有时,他们发现很难在审判准备过程中脱下团队的球衣,走上可能对被告有帮助的调查道路。”
And then there was Gibson, Carlos’s attorney, who told me he didn’t recall any DNA tests.
然后是卡洛斯的律师吉布森,他告诉我他不记得任何 DNA 测试。
“Had I known, I would have been all over it,” he said.
“如果我知道的话,我就会全力以赴,”他说。
He acknowledged that Longoria, the assistant district attorney, might’ve told him about the analysis.
他承认助理地区检察官朗格利亚可能已经告诉了他有关分析的信息。
It’s possible he ignored the newfangled DNA tests because he already had a strong alibi case.
他有可能忽视了新奇的 DNA 测试,因为他已经有了强有力的不在场证据。
The truth is, everyone involved in Carlos’s case found a reason to look the other way.
事实是,参与卡洛斯案件的每个人都有理由对此视而不见。
Everyone, that is, except for one woman determined to do the right thing.
每个人,除了一位决心做正确事的女性之外。
In the court files, I found the names and addresses of the members of the jury and wrote them letters, laying out Carlos’s story and the role of the juror who came forward.
在法庭文件中,我找到了陪审团成员的姓名和地址,并给他们写了信,阐述了卡洛斯的故事以及出面陪审员的角色。
I sent them out on a Tuesday, knowing I was unlikely to hear back.
我在周二将它们发出去,因为我知道我不太可能收到回复。
Two days later my phone rang with an El Paso area code.
两天后,我的电话响起了埃尔帕索的区号。
I answered and heard a rapid skein of words, some of which I caught: “Ybarra,” “letter,” “evidence.” I recognized her name and realized that I was talking to a juror.
我接了电话,听到一串快速的词语,我听出了其中一些:“伊巴拉”、“信件”、“证据”。我认出了她的名字,并意识到我正在与陪审员交谈。
The juror.
陪审员。
We spoke for forty minutes.
我们聊了四十分钟。
She didn’t know until she opened the letter that Carlos had been freed—or that she had made it happen.
直到打开信,她才知道卡洛斯已被释放——或者说是她促成了这件事。
She started crying when she told me about her resurgence of regret each Christmas, and then again when I told her how grateful Carlos was.
当她告诉我每年圣诞节她都会再次后悔时,她开始哭泣,当我告诉她卡洛斯有多么感激时,她又哭了。
He’d like to tell you in person, I said.
我说,他想亲自告诉你。
On July 21 I met Carlos at the El Paso airport.
7 月 21 日,我在埃尔帕索机场见到了卡洛斯。
I had no problem picking him out in his Chicago Cubs jersey.
我毫无疑问地认出了他穿着芝加哥小熊队的球衣。
As we headed to the Lower Valley, he pointed out a few memorable places from his past, such as the parking lot where the Trans Am club would meet.
当我们前往下山谷时,他指出了一些他过去难忘的地方,例如 Trans Am 俱乐部聚会的停车场。
It was early afternoon as we pulled up to Estella’s small brick home on a sunbaked cul-de-sac.
下午早些时候,我们把车停在艾丝黛拉位于一条阳光明媚的小路上的小砖房前。
Johnny let us in and led us to the dining room, where we sat together.
约翰尼让我们进去,带我们去了餐厅,我们坐在一起。
The house was tidy and spare, the curtains closed to keep out the heat.
房子干净整洁,窗帘拉着挡暑。
“Have you been together many years?” Carlos asked Johnny in Spanish.
“你们在一起很多年了?”卡洛斯用西班牙语问约翰尼。
On the wall above us was a photo of Estella taken around that time, her feathered hair hugging her head like a helmet.
我们上方的墙上挂着一张艾丝黛拉当时拍摄的照片,她羽毛般的头发像头盔一样包裹着她的头。
We looked out over the living room walls, which were covered with photos of their four sons, seven grandchildren, and great-grandson, Lucas.
我们向客厅的墙壁望去,墙上挂满了他们的四个儿子、七个孙子和曾孙卢卡斯的照片。
Then we heard a commotion.
然后我们听到一阵骚动。
Estella, who lives with bad knees, diabetes, osteoporosis, and arthritis, shuffled in with a walker.
艾丝黛拉 (Estella) 患有膝盖问题、糖尿病、骨质疏松症和关节炎,她拄着助行器拖着脚步走进来。
Carlos stood up.
卡洛斯站了起来。
He laughed nervously, then asked in Spanish, “Could I hug you?”
他紧张地笑了,然后用西班牙语问道:“我可以拥抱你吗?”
“Come on, come on.
“来吧,来吧。
Of course!” she said.
当然!她说。
As he moved toward her, she said, “Oh, my god.
当他走向她时,她说:“哦,天哪。
I thought you were short!”
我还以为你个子矮呢!”
“Thank you,” he said, his voice cracking.
“谢谢你,”他说,声音沙哑。
“Thank you for all you’ve done.” He smiled at her, his arm still draped around her shoulder.
“谢谢你所做的一切。”他对她微笑,手臂仍然搭在她的肩膀上。
“I am so thankful for everything you’ve done for me.
“我非常感谢你为我所做的一切。
You let me out of that horrible place.”
你让我离开了那个可怕的地方。”
They each moved to sit at the table.
他们各自走到桌边坐下。
Estella looked over at him.
艾丝黛拉看着他。
“I feel bad,” she said, raising her arms, “because I didn’t do it sooner, but—”
“我感觉很糟糕,”她举起双臂说道,“因为我没有早点这么做,但是——”
Carlos shook his head.
卡洛斯摇摇头。
“If you didn’t do it, I would still be there.” His voice was weak with emotion.
“如果你不这么做,我还会在那里。”他的声音因感情而微弱。
“I am so grateful for everything you’ve done.”
“我非常感谢你所做的一切。”
“Thank you.
“谢谢你。
Thank you, so much.
非常感谢。
You’re a wonderful person.” He was nodding and blinking tears from his eyes.
你是一个很棒的人。”他点点头,眨着眼睛流下泪水。
“I didn’t forget you,” she said, reaching for a napkin.
“我没有忘记你,”她说着,伸手去拿一张餐巾纸。
Now she began to cry.
现在她开始哭泣。
“Never,” she said, and she lifted her glasses and started drying her tears.
“从来没有,”她说,然后她抬起眼镜,开始擦干眼泪。
Writer Michael Hall spent months reporting this story.
作家迈克尔·霍尔花了几个月的时间报道这个故事。
Watch him discuss how it came to be, and see the moment when Ybarra and Jaile reunite.
观看他讨论事情是如何发生的,并观看伊巴拉和贾尔重聚的那一刻。
The two fell into easy conversation talking about the trial, which was the last time they were in the same room together.
两人轻松地谈论了审判,这是他们最后一次共处一个房间。
Carlos remembered how he felt sitting in the courtroom.
卡洛斯记得他坐在法庭上的感受。
“I was just trying to tune in on everything that was going on, scared to death of what was happening and—why am I even here?”
“我只是想了解正在发生的一切,对正在发生的事情感到害怕——我为什么会在这里?”
Estella told Carlos he reminded her of Johnny, her eldest son, and Carlos—who never got over the death of his mother while he was in prison—was drawn to this woman who had mothered four sons.
艾斯黛拉告诉卡洛斯,他让她想起了她的大儿子约翰尼,卡洛斯在监狱里从未从母亲去世的阴影中走出来,他被这个养育了四个儿子的女人所吸引。
They talked about their respective histories in El Paso: Segundo Barrio, the old coliseum where he went to a concert and she went to a rodeo.
他们谈论了各自在埃尔帕索的历史:第二巴里奥,旧体育馆,他去听音乐会,她去参加牛仔竞技表演。
She mentioned the casino on the Tigua reservation, and Carlos brought up the bread he used to buy there when he passed by that part of town.
她提到了蒂瓜保留地的赌场,卡洛斯提到了他路过那片城镇时经常在那里买的面包。
“Right out of the of the oven!” he finished her sentence.
“刚从烤箱里出来!”他说完她的话。
“Oh, you’ve just brought back memories.”
“哦,你刚刚勾起了我的回忆。”
They talked for two hours, this odd couple, each haunted by the past.
他们聊了两个小时,这对奇怪的夫妇,每个人都被过去所困扰。
He told her about his job in Chicago.
他告诉她他在芝加哥的工作。
“I have to work,” he said.
“我必须工作,”他说。
“I don’t even qualify for Social Security because I haven’t put enough into it.
“我什至没有资格获得社会保障,因为我没有投入足够的钱。
No Medicare, no nothing.
没有医疗保险,什么都没有。
I have to keep on trucking until I can’t no more.
我必须继续卡车运输,直到我再也无法继续为止。
That’s my plan for now.”
这就是我现在的计划。”
After we left, Carlos wanted to cruise around El Paso.
我们离开后,卡洛斯想去埃尔帕索周围巡游。
He’d spent years driving the streets, selling Kirbys, and he remembered them well.
他花了很多年的时间在街上开车兜售卡比,他对它们记得很清楚。
“The streets got old,” he said, “just like I did.”
“街道变得陈旧了,”他说,“就像我一样。”
We drove past the Chaswood house, his first Kirby office, and his own office on Pellicano, where he’d been arrested 34 years before.
我们开车经过查斯伍德的房子,这是他在柯比的第一个办公室,还有他在佩利卡诺的办公室,34 年前他就是在那里被捕的。
He also wanted to visit Pam’s grave.
他还想去参观帕姆的坟墓。
“I loved the woman,” he explained.
“我爱这个女人,”他解释道。
“She’ll always have a place my heart.” After he was released from prison, he’d hoped to let her know he’d been innocent all along.
“她永远在我心中占有一席之地。”出狱后,他希望让她知道他一直都是无辜的。
Then he discovered she’d died of cancer two decades earlier, in 1997.
然后他发现她在二十年前的 1997 年死于癌症。
At Restlawn Memorial Park we found her gravestone, which was hidden by overgrown grass, and he laid his hand on the gray slab.
在雷斯特劳恩纪念公园,我们找到了她的墓碑,墓碑被杂草丛生隐藏着,他把手放在灰色的石板上。
“She was young,” he said.
“她还年轻,”他说。
“She was good.
“她很好。
Also beautiful.
也很漂亮。
Trustworthy.
值得信赖。
But the sh— hit the fan, and it splattered everywhere.”
但是嘘——撞到了风扇,溅得到处都是。”
Back in the car, he talked about the life he created with her.
回到车上,他讲述了他和她一起创造的生活。
“I had such wonderful memories of this place,” he said.
“我对这个地方有如此美好的回忆,”他说。
“My business, my wife, my friends.
“我的事业、我的妻子、我的朋友。
I considered myself successful.
我认为自己是成功的。
I was making very good money and happily married.
我赚了很多钱,婚姻也很幸福。
And all of a sudden, see you later.”
突然之间,待会儿见。”
It was clear he had found some solace sitting with Estella, but he was still wrestling with bitterness.
很明显,他在艾丝黛拉身边找到了一些安慰,但他仍然在痛苦中挣扎。
In Chicago, it’s been hard for him to see friends with houses, retirement accounts, children.
在芝加哥,他很难见到有房子、退休账户、孩子的朋友。
“I was never able to have a family,” he said.
“我从来没有能够拥有一个家庭,”他说。
“I would have loved to have a couple of kids.”
“我很想有几个孩子。”
He’s an optimist by nature, and it’s still possible for him to receive compensation from the state, though at this point that’s a long shot.
他本质上是个乐观主义者,他仍然有可能获得国家的补偿,尽管目前来看可能性很小。
Lawyers with the Innocence Project of Texas recently tried one path to remuneration, petitioning the current El Paso district attorney, Bill Hicks, to consider the DNA and hair evidence and assert that Carlos is actually innocent.
德克萨斯州无罪项目的律师最近尝试了一种获得报酬的途径,请愿现任埃尔帕索地区检察官比尔·希克斯考虑 DNA 和头发证据,并断言卡洛斯实际上是无辜的。
Hicks declined.
希克斯拒绝了。
“If I get money,” Carlos told me, “fantastic.
“如果我能拿到钱,”卡洛斯告诉我,“那就太棒了。
Thank you, Lord.
谢谢你,主啊。
And if not, I can’t worry about that.
如果没有,我也不必担心。
Whatever happens, I can accept it.
无论发生什么,我都可以接受。
Whatever life I have left, I’m going to do the best I can and be happy with that.” He gazed out the window at the city he had once known so well, the place he had called home, wondering what could have been.
无论我的生活还剩下什么,我都会尽我所能,并为此感到高兴。”他凝视着窗外这座他曾经如此熟悉的城市,那个他称之为家的地方,想知道会发生什么。
This article originally appeared in the February 2024 issue of Texas Monthly with the headline “The Juror Who Found Herself Guilty.” Subscribe today .
本文最初发表于 2024 年 2 月号《德克萨斯月刊》,标题为“发现自己有罪的陪审员”。立即订阅。