A Glendale Mom Was Falsely Imprisoned; Now the State Wants to Cancel Her U.S. Birth Certificate

The eagerness of the state of Arizona to drive all brown people — legal or illegal — from its territory leads to some really backward moves on behalf of officials, high and low.

Add bureaucrats' inherent inability to concede an error to this official policy of ethnic cleansing, enshrined in Senate Bill 1070's dictate of "attrition through enforcement," and you've got a bizarre huckleberry hybrid of a government that resembles Redneck Island crossed with Commie Russia.

Take, for example, the colossal boneheadedness displayed by state officials in the ongoing case of Briseira Torres.

I know, I shouldn't be surprised. After all, these are officials of a state still governed by Governor Jan "We Have Did" Brewer, who recently "endorsed" President Obama by accident while attending the Republican National Convention.

And stupidity, like some other substances best left unmentioned, rolls down hill.

But once Torres was released August 3, following her 4 1/2-month wrongful imprisonment in a Maricopa County jail, I figured Arizona would leave the Glendale mom alone, especially after my column on the case went viral ("Woman Held Because Authorities Thought She Was Illegal," August 9).

Torres, a U.S. citizen with the birth certificate to prove it, had been collared by Arizona Department of Transportation investigator Chris Oberly on March 14 and charged with three counts of forgery.

This, after she tried to pick up the passport she had ordered for her teenage daughter at the federal building downtown.

Oberly and the County Attorney's Office contended that Torres' real name was Brenda Gomez, a Mexican national whose mom fraudulently had obtained a late-registration birth certificate for her when she was a baby.

A former employee with U.S. Immigration and Customs Enforcement, Oberly testified under oath to a county grand jury that Arizona's Office of Vital Records canceled Torres' U.S. birth certificate in 1999.

As she awaited her date in court, Torres was held non-bondable. See, forgery is a class-four felony in Sand Land, and if authorities think a suspect is in the country illegally, that individual is treated as a murderer and not allowed to make bail.

Torres' lawyers — immigration attorneys Delia Salvatierra and Johnny Sinodis — hit the state's Vital Records Office with a subpoena, seeking all documents the department had for their client.

After weeks of stalling, OVR section manager Robin Glover responded with 18 pages of copies and a sworn statement certifying that they were "all of the documents in possession of the Office of Vital Records" having to do with their client's case.

Significantly, the file contained no indication that Torres' birth certificate had been canceled. Nor was a Mexican birth certificate for Torres in the OVR's file.

With this info, Salvatierra demanded that the case be remanded back to the grand jury.

The judge agreed, noting that during oral arguments the prosecutor had conceded that Torres' Vital Records file "was never obtained [by the County Attorney's Office] and neither the prosecutor nor [investigator Oberly] knew the full contents of that long-form birth certificate."

Deputy County Attorney Daniel Strange — face fully bathed in egg — quickly moved to dismiss the charges without prejudice, meaning he could bring them back later.

However, he later conveyed that he had no intention of doing so.

Smart move, since Torres was considering a lawsuit, as she'd lost her apartment and had been separated from her daughter while wrongfully imprisoned.

I mean, why would any civil servant want to double-down on this idiocy?

Dumb question, as the geniuses at Vital Records have demonstrated.

On August 15, OVR chief Patricia Adams wrote to Briseira Torres (not to "Brenda Gomez," natch) advising her that the OVR had "cancelled and sealed" her birth record in 1999 and had documentation to prove it.

Why didn't the OVR turn over all the documents it supposedly had in response to Salvatierra's previous subpoena?

Why did OVR employee Robin Glover, under oath, previously swear that she was turning over everything in the OVR's possession to Torres' lawyers?

And, here's the biggie, if the OVR had canceled Torres' birth certificate in 1999, as Adams stated in her letter, why had it issued copies of the birth record, most recently on February 2, 2011?

Magnanimously, despite the incompetence displayed by her office, Adams offered Torres the opportunity for a public hearing concerning the canceled birth certificate.

Meantime, Torres' life remained in limbo. She would be unable to re-acquire the ID confiscated by authorities. She had lost her residence while in the slammer, had no job, and no way to hunt for a job or a place to stay.

Fortunately, Torres had Salvatierra, whose head nearly combusted upon seeing Adams' letter. Salvatierra soon contacted the Arizona Attorney General's Office, which acts as the OVR's attorney.

Ultimately, the OVR backtracked and admitted that it had not canceled Torres' birth certificate. The OVR's assigned legal beagle, Assistant Attorney General Don Schmid, stated in one filing that he declined to "support or defend a purported cancellation" of Torres' birth certificate.

Nevertheless, the OVR still wants to cancel Torres' birth certificate.

Why? Well, that's the question I asked Schmid and Glover outside the prehearing conference before Administrative Law Judge Kay Abramsohn in October.

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175 comments
h_n33
h_n33

Too bad she lives in Glendale, one of the places they are stupid enough to add fertilizer waste to your water because they think you need lead, arsenic, mercury, and more heavy metal to go along with very toxic fluoride hydrosilicate to make you think you can have good teeth.  This is aimed at the poor acording to the Awahtukee dentist who brought fluoride to Phoenix but can't understand the science of why it is not good for pregnant mothers, infants and small children, people with kidney disease and  those on dialysis or anyone taking chemotherapy, also interferes with vaccines and lowers IQ.

jcalex2
jcalex2

Is she an American citizen...why don`t you ask Obama,or,Harry Reid,or, that dumb ass republican guy,Boner I think his name is.They know an American when they see one,right!

jcalex2
jcalex2

These people live in your community,right down the street,and you allow them to destroy you,and walk around with their head up,and a smile on their faces...Way to go America...Idiot`s!!

hskiprob
hskiprob

@steven.w oyach @muddywaters Can't you guys write anything relevant? I feel like were reading the words of children. Answer these questions. Was this woman wrongfully imprisoned? Is she a U.S. Citizen and what penalties should be imposed against the State and those involved in her false imprisonment, if she is a U.S. Citizen? If she is not a U.S. Citizen, what should be her punishment for fraud, understanding that it was her mother that would have done the fraud, as she was a baby at the time of the alleged fraud? Those are the legal issues. Now let's review the ethical issues. She’s been living here all her life and has a family. Do you send her back to Mexico? Do you actually put her in jail, when she has children while the State figures out if she is legal or not? Let's see who can write the best essay and defense of their position in one cohesive blog and let’s see who gets the most votes. Let us decide who is the biggest jackass

donnajh75
donnajh75

The USA is a country built on nothing but illegal immigration.  It amazes me that people conveniently forget that.  Yes, lets keep everyone else out of our stolen country!  SMH!

hskiprob
hskiprob

Justice appears to be a figment of our imagination and in my opinion the single most important problem facing our world, You people are discussing everything but the issue at hand. Perhaps that is our problem?  Who cares what side the author is on, is't obtaining justice that counts.   

wonsamm
wonsamm

Pretty pathetic if you ask me. Sound like Arizona is full of hillbillies.

www.Anon-Gotz.tk

hskiprob
hskiprob

There should be no immigration quotas in a society that is based on individual liberty and the protection of individual rights. If you don't like that you should leave. There are plenty of countries out there who support socialist communist theory you can go to, but they might not let you in because the support quotas.

MesaMan
MesaMan

'Brown' people there, Mr Lemons? 

 

That woman is no browner than many Anglo Whites. Just give it up: the 'race card' is null and void.

hskiprob
hskiprob

 @jcalex2 Because I can't ask the President. Harry Reid or dumb ass Boner. dumbass. If you can make that happen, God bless you as you are a better man the I. Is she an American of not, dumbass?      

 

MesaMan
MesaMan

 @donnajh75 The same can be said about Mexico and Mexico WILL 'fuck you up' of you're there illegally.

truconserv
truconserv

 @hskiprob Your posts suggest you know very little about justice.  I point you back to your sophomoric suggestion that "loser-pay" was a term that readers might not  understand, and that when they didn't understand that high-school civics term they should read the NYT.

 

(1) What may seem like a novel or little known aspect of American jurisprudence is, in fact, widely understood.  That you find it exotic tells us more about you than it does those you rail against., and

 

(2) The NYT is neither a primary nor a secondary resource for legal research or argument.  If the NYT is where you have gathered your understanding of justice, that simply shows justice is not a concept you've devoted much thought, or perhaps more accurately, much meaningful thought, in the course of your life.

 

Before whining about the posts of others, clean up your own mess!

MesaMan
MesaMan

 @wonsamm WE def have our share of them: their surnames are 'Rodriguez, Martinez, Gonzalez, Torres, etc. MOST illegal aliens are 'Hispanic' and pretty much all of them would be 'nacos' in Mexico.

fairymagic13
fairymagic13

 @hskiprob  @jcalex2 Anyone who lives on this continent is an "American" dude!  THe Continent's name is America.  The question should be "Is she a citizen of one of the United States?"  The answer to that is YES. 

hskiprob
hskiprob

@truconserv

You are mistaken as to what I said both about loser pays and the NYTs. That must have come from another author.  I notice that you also have gotten away from the subject(s) at hand and are once again using various logical fallacies to try to compensate for your weak position and arguments.

MesaMan
MesaMan

 @TheONE LMAO! There is NO Hispanic race; in fact in Spain 'brown' people are NOT well liked and Nordic White Spaniards are just as 'Hispanic' as little brown Indians from southern Mexico. 

truconserv
truconserv

 @hskiprob  @tanzalone111  @MesaMan  @donnajh75 Did you intend your post to communicate some defense of your bizarre tin-foil posts?  If so you failed.

 

I have no idea what you are rambling on about.  Complete cogency fail.

hskiprob
hskiprob

 @truconserv  @tanzalone111  @MesaMan  @donnajh75 First, criticizing the messenger instead of providing rational rebuttles shows the weakness of your position. No society that has allowed its oligarchy to usurp so many individual rights can be called exceptional.  If you followed constitutional law you would know that. Second, Belize is so far my Country of Choice so please do not consider coming there.   

 

truconserv
truconserv

 @hskiprob  @truconserv  @tanzalone111  @MesaMan  @donnajh75 "Why are so many people moving and  wanting to move to other countries?"

 

They aren't, but don't let that stop you from leaving.

 

America is not perfect, but it is still exceptional.  

 

Your complaints, one legit and three unfounded, don't touch my premise - America does not aspire to fail down to the standards of countries like Mexico; rather it sets out to lead the world with the highest level of freedom and opportunity. Does it always succeed, of course not.  How could it?

 

You remind me of a child who, upon learning that his mommy has some flaws, proceeds to hate her for the rest of her life.

 

There's a term of art for that - had to use it in a case once - so feel free to use the google ... that or go to see a shrink, 'cause you seemingly could use the help.

 

hskiprob
hskiprob

@truconserv@tanzalone111@MesaMan@donnajh75 I do love many of the people of this country but I thi8nk the leadership and ruling oligrachy is way beyond corrupt.

By any honest and rational definition, the wars in Iraq and Afghanistan are unjust wars, so what is it to you that makes this country so great.    

 

hskiprob
hskiprob

 @truconserv  @tanzalone111  @MesaMan  @donnajh75

Why are so many people moving and  wanting to move to other countries?

Much of the world uses the loser pays system and they laugh at our justice system and all the frivolous suits. In reality most of the justice systems around the world are as corrupt as ours. There is a number of books on it you might try reading before you make comments on just how great our nation is. Our government sucks and the entire world knows it. It has been strangling our Citizens with excessive taxation and regulation for decades. Why do you think so many people are broke. That's what socialism and fascism does.    

truconserv
truconserv

 @hskiprob  @tanzalone111  @MesaMan  @donnajh75 I gave you the citation for world debt.  All you had to do was click on it.

 

Your naked declarations just don't cut it, just like your litmus test for conservatism failed, so have you.

 

Loser pays is a loser system, which is why your rambling mind likes it.  BTW: I have an LLM, I'm pretty good with 1L vocabulary words.

 

Like I wrote before, don't let the door hit ya ....

hskiprob
hskiprob

 @TruConserv  @tanzalone111  @MesaMan  @donnajh75You're a total Dumbass, We do have the highest debt. We are the reserve currency of the world. Check the numbers. Our court system by the way is laughed at by most countries around the world, as they support loser pays. You probably have no idea what I'm referring to nor read anything but the New York Times.  True Conservative - I'll bet you voted for Mitt instead of Gary Johnson. A true Conservative would have voted for true liberty instead of the fallacious poliicies of Mitt. Wake up dumbass. Your probably one of those who are reaping your income off of warfare or other some Corp. weaseling it way to the tits of our governments.   

TruConserv
TruConserv

 @hskiprob  @truconserv  @tanzalone111  @MesaMan  @donnajh75 Don't let the door hit ya ...

 

It's that we have the compassion to help our needy, that makes at 45MM number a reminder that while we do have our troubles, we are a great, an exceptional, country.

 

Our laws may be too many, but our court system and the protections it contains are the envy of the world. Think how many would be imprisoned but for our Constitution.

 

We do not have the highest debt, either in total or per capita.  Learn a bit more before you libel the US - you just sound like a fool.

 

http://en.wikipedia.org/wiki/List_of_countries_by_external_debt

hskiprob
hskiprob

 @truconserv  @tanzalone111  @MesaMan  @donnajh75

I guess it's the 45 million on food stamps that can't feed themselves, larger than the population of many countries, that is throwing me off on you comment. Or perhaps it is the largest national debt in world history or highest per capita incarceration rate. Why would any country want to compare themsleves to us? The only catagary that we lead in is imperialistic occupations of other nations. "We be good at that" along with our Briitish brothers whom have occupied all but 22 nations of the world.         

truconserv
truconserv

 @tanzalone111  @MesaMan  @donnajh75 MesaMan is one of those guys who thinks America should measure itself by the standards of other nations. He implicitly rejects that America is exceptional, that it sets the standard by which other nations are compares, that we expect them to rise to our bar, not fall to theirs.

hskiprob
hskiprob

 @TruConserv  @hskiprob

I've spoken to a number of attorneys from around the world and regretfully, they are the ones that laugh at our judicial system. You should reply to their commnents which I'm only relaying to you. Don't shoot the messenger.  Prove to them that they are wrong. Dumbass.

 

TruConserv
TruConserv

 @hskiprob  @truconserv Here's what you wrote:

 

"You're a total Dumbass, ... Our court system by the way is laughed at by most countries around the world, as they support loser pays. You probably have no idea what I'm referring to"

 

My only argument is that you don't know what you're writing about.

 

You've proven that point, I merely highlighted it.

fairymagic13
fairymagic13

 @hskiprob  @truconserv Loser pays is a common practice among businesses which make agreements among themselves.  The VAST majority of lawsuits filed in the United States justice system are resultant from disagreements in the business world.  The number of actual "frivilous" lawsuits pale in comparison to the numbers of stupid and useless suits filed by businesses.

 

hskiprob
hskiprob

   @TruConserv

How much judicial experience do your have?  Because many of the Attorneys I spoken with over the years believe that our legal system  is full of corruption and high levels of graft. Read the book "With Justice for None: Destroying an American Myth: by Attorney Gerry Spence. There are a bunch  of other book to read if that doesn't satisfy you, Dumbass.    

fairymagic13
fairymagic13

 @TruConserv  @MesaMan The "brown" in hispanics in the United States comes from the variant genetic material found in the genome of indedinous peoples of this Continent (or at least who who have been here for over 10,000 years).  It is these characteristics which MesaMan objects to - we need to recognize that Native Peoples are certainly justified in attempting to take back that which was stolen from them by theft, war, disease and attrition.  Lay off the Browns dude - they're cool and got the knowledge we need to survive on this continent when the Sun scores a direct hit with one of its solar flares (which should occur on 12-12-12).

TruConserv
TruConserv

 @MesaMan Someone (some idiot?) needs another lesson.  Just because you've heard that talking in circles in an insult does not mean you can just use it at any time.

 

I'm being very direct - you're an idiot.  You attack people as being pro-illegal traitors simply because they don't support your demonstratively false claims. You see the world like George Bush, for me or against me.

 

Here's the simple truth, virtually all people oppose illegal immigration, the debate is about how much harm it causes and how much we are willing to sacrifice to further reduce it.

 

It's not a complex concept, just something fools like you and Arpaio can't seem to grasp.

MesaMan
MesaMan

 @TruConserv It's like this: since you talk in circles (outside of personal attacks) instead of being straighforward; do us all a favor and run along now, OK?

TruConserv
TruConserv

 @MesaMan Yes, because I understand that hispanic is, anthropologically speaking, a race, I must support illegal immigration.

 

Because I knew that the burden of moving forward in a deportation rests on the government, that makes me a traitor.

 

What does my high school level command of the English language make me (besides your intellectual superior)? A communist.

 

I oppose illegal immigration as much as anyone else.  This story, is not so much about illegal immigration as it is about the abuse of state power. 

 

I oppose it.  You support it. It's just that simple.

MesaMan
MesaMan

 @TruConserv And what side is that??? If you're an illegal alien supporter, you're a traitor IMHO, pure and simple. 

TruConserv
TruConserv

 @MesaMan  MesaMan, hypocrite much?  At least when others call you an idiot, they do so after proving it so with facts and cogent argument.

 

All you seem to offer are "you're a poopy-head" retorts. 

tanzalone111
tanzalone111

 @MesaMan  @Johnnyonthespot

 LOL the person outsmarts you and all you can do is accuse him of being a suproter of "LA RAZA" LOL you may be one of the stupidest commenters I have ever seen!

MesaMan
MesaMan

 @Dogbiter  You're probably a La Raza/illegal alien supporter too since you have nothing intelligent to say; just insults.

 

MesaMan
MesaMan

 @TruConserv I think you're an illegal alien/La Raza supporter myself. As per my other post directed towards you: DROP THE INSULTS, OK? 

TruConserv
TruConserv

 @MesaMan Absolutely it was directed at you.

 

You're the idiot that whined about hispanic not being a race.  There are no races other than the human race, that is a simple fact.  That is science.

 

You tried to go all "technical" on TheONE when, in fact, it is you who is the technically wrong. Race refers to genetic differentiation, there are no significant diversity in Humans.  We are all one race.

 

When we use Race is social conversation, we are using the term anthropologically, and as such, Hispanic is as much a race as black or asian.

 

You wanted to look smart, and all you did was look like a dumbass to anyone with a triple-digit IQ. 

MesaMan
MesaMan

 @TruConserv Was that directed towards me? I'm the poster who called out 'TheONE's' BS

TruConserv
TruConserv

 @MesaMan  @TheONE YAWN.  In fact, there is only one Race, as the human genome project conclusively proved.

 

All separation of humans is based on ethnicity.

 

Separation based on ethnicity is racism, as that term is used in contemporary English.

 

Need proof? Consider that you knew exactly what TheOne intended to communicate immediately upon reading his post.

 

Rather than respond substantively to his charge, you decided to pretend to know more than your intellect could sustain.

 

Now you're viewed as a racist dumbass.

MesaMan
MesaMan

 @negroid  @TheONE Many people deliberately confuse race and ethnicity to advance their own BS.

negroid
negroid

 @MesaMan  @TheONE the new times and its readers are confused about the difference between race and ethnicity. they've been trained to scream "that's rayciss!" at every turn, so they routinely misuse the word.

 
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