Oberly and the others told Torres her name was Brenda Gomez and that she had been born in Mexico.
"They said, 'Your mom forged your birth certificate,'" Torres states. "I kept telling them no, that as far as I know, I'm a U.S. citizen."
Stephen Lemons
Briseira Torres (left), with friend Amy Diaz, one day after her release from Estrella Jail.
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See, Torres was sent to live in Mexico when she was 13, where her father referred to her by the name Brenda and apparently registered her under the name Brenda Gomez.
At 15, she had a daughter, who was born in Mexico, and later became a U.S. citizen.
When Torres returned to the United States in 1999, she was stopped at the border and questioned by U.S. immigration officials. She gave them a confused account of her nationality.
Ultimately, Torres' mom came to the border with her birth certificate, and customs admitted her.
Fast-forward to March: With Oberly bearing down on her, it was like 1999 all over again. Oberly even got her to sign a statement that she'd been Mirandized, in the name "Brenda Gomez."
He did this after he already had questioned her.
MCAO spokesman Jerry Cobb told me Torres' charges and detention were "based on her own statements," regarding her nationality. He blamed defense counsel for not filing their motions fast enough.
What about Oberly's statements to the grand jury?
"[T]he true explanation behind the canceled birth certificate/affidavit did not come forth until after [Oberly] testified," Cobb wrote via e-mail, "when the defense offered the correct explanation at [a] later hearing."
It's unclear what prevented Oberly from inspecting the entire Vital Records file before arresting an innocent woman. Could he have seen it and chosen to ignore it?
I called Oberly, but he declined to answer questions. ADOT e-mailed a response stating that the matter was the subject of "an active investigation."
There are a lot of bad players in this travesty, but the bottom line is that they all had access, or could have had access, to Torres' birth certificate, and they could have easily verified that it was legit.
Being confused about your past is not a crime, even if a cop can persuade you to sign something under a different name. Doing so does not invalidate your citizenship.
It's a given that if Torres were an Anglo, she would not have been treated in this manner. She and her lawyers tell me they're considering suing the agencies involved.
As far as blame goes, the wave of nativism that made Prop 100 law bathes all those who voted for and supported this mockery of due process in a sea of shame. History will not treat these Arizonans well.