WEBVTT

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<v Speaker 1>Hey, let you know USA listener, here's an award winning

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<v Speaker 1>podcast from our archives. Back in twenty fourteen, before everything started,

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<v Speaker 1>Teresa Matias lived in an apartment with her kids in Huntsville, Alabama.

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<v Speaker 1>She worked all the time in a factory and cleaning houses.

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<v Speaker 1>Day shifts bled into night shifts. Her world was small,

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<v Speaker 1>her work and her kids. And then one day someone

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<v Speaker 1>knocked on her door.

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<v Speaker 2>Jo ele aego to colada de hippos, cana amicasinadi me visita.

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<v Speaker 1>Teresa saw it was a woman who was dressed nicely,

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<v Speaker 1>and so she opened the door. The woman introduced herself.

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<v Speaker 1>We're going to call her M. She was Mexican and

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<v Speaker 1>spoke to Teresa in Spanish. She said she was from

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<v Speaker 1>a local Catholic church. She says noticed her four sons

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<v Speaker 1>playing in the living room immediately and remarked, oh, you

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<v Speaker 1>have four boys.

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<v Speaker 3>No, L.

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<v Speaker 1>Teresa said, actually I have five boys. The youngest was

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<v Speaker 1>still a baby and was sleeping in another room. When

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<v Speaker 1>Teresa went to pick him up out of the bed,

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<v Speaker 1>She says, M noticed that the baby looked different from

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<v Speaker 1>Teresa's other.

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<v Speaker 3>Childrenque different, medico L you turn is different, Supapa.

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<v Speaker 1>Teresa said she was a little embarrassed to explain that

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<v Speaker 1>her youngest son, the baby had lighter skin because he

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<v Speaker 1>had a different dad, a white American guy who was

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<v Speaker 1>never in the picture. Em told Teresa that she wanted

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<v Speaker 1>kids but had never been able to get pregnant. And

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<v Speaker 1>then Teresa let Em hold the baby, and out.

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<v Speaker 3>Of nowhere a medio or the m.

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<v Speaker 1>Asked Teresa to give her one of her children. Deesa

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<v Speaker 1>was taken aback lady or no, lady hey. Teresa said no,

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<v Speaker 1>how could she ever give a child away? From Futura

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<v Speaker 1>Media and PRX, it's Latin USA, I'm Maria Rosa today

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<v Speaker 1>an adoption without translation and exposing the cracks in our

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<v Speaker 1>legal system. For this episode will sometimes be referring to

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<v Speaker 1>people with only the first initial of their name, and

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<v Speaker 1>that's because this story involves children and we want to

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<v Speaker 1>protect their identity and privacy. Producers Ashley Clik and Jennya

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<v Speaker 1>traveled to Alabama to tell us the story of Didsamatias.

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<v Speaker 1>Ashley Creek is going to start us off.

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<v Speaker 4>One Sunday morning in August, Janis and I drive to

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<v Speaker 4>Holy Spirit Catholic Church in Huntsville, Alabama. Huntsfulls a flourishing

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<v Speaker 4>tech hub in a poor rural state. It has a

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<v Speaker 4>small but growing Latino population. It's hot out and we

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<v Speaker 4>watched families run through the parking lot sweat spots showing

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<v Speaker 4>on their Sunday clothes. Holy Spirit is one of a

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<v Speaker 4>handful of Catholic churches in Huntsville, and the fourth sermon

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<v Speaker 4>of the day is about to begin the Spanish language mass.

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<v Speaker 4>The church's path the roses are filled with children, parents, grandparents,

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<v Speaker 4>all dressed in their Sunday best. Mothers soothe frustrated babies

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<v Speaker 4>while latecomers line the back walls of the church and

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<v Speaker 4>listened to the sermon.

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<v Speaker 5>Standing in.

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<v Speaker 1>Madison County well.

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<v Speaker 4>The pastor, a white man, reminds his congregation that this

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<v Speaker 4>mass is the only Spanish Mass in the county.

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<v Speaker 6>In twenty fifteen, the church welcomed the new member, Teresa

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<v Speaker 6>Matias Ashley, and I met her in her home in Huntsville,

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<v Speaker 6>where she lives with her four sons. So Tedas is

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<v Speaker 6>in her early thirties and she stands about five feet tall.

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<v Speaker 6>She's originally from rural Guatemala and has been living in

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<v Speaker 6>the US for about fourteen years, but she only knows

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<v Speaker 6>a few words in English, so we spoke to her

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<v Speaker 6>primarily in Spanish, which is her second language. Her first

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<v Speaker 6>is a Mayan language called Ganghobal.

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<v Speaker 5>You have energy to talk.

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<v Speaker 1>It together for the sunnay okay.

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<v Speaker 6>Soon after she moved to Huntsville, Tedesa met a man

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<v Speaker 6>and they moved together. They had four sons. Over the years,

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<v Speaker 6>he became abusive, so Teresa got a restraining order against him.

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<v Speaker 6>She left him, and then her ex was deported. Around

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<v Speaker 6>the same time, she had one more son with a

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<v Speaker 6>white American man she knew from work, but he was

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<v Speaker 6>never really in the picture. So Teresa was left alone

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<v Speaker 6>with five kids.

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<v Speaker 4>In the small city of Huntsville and the even smaller

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<v Speaker 4>Spanish speaking community. Word got around that there was a

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<v Speaker 4>single mom with five boys who might need some help,

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<v Speaker 4>and one day in the spring of twenty fourteen, a

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<v Speaker 4>bunch of cars showed up at Teresa's door. Yet they

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<v Speaker 4>remembers from the Church Holy Spirit. They brought diapers and

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<v Speaker 4>asked Teresa if she needed any.

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<v Speaker 7>Help to.

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<v Speaker 3>Ayuda dess Ayuda.

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<v Speaker 4>Teresa appreciated the support. A few weeks after that is

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<v Speaker 4>when a woman were calling em. A light skinned Mexican

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<v Speaker 4>woman knocked on Teresa's door was pretty high up in

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<v Speaker 4>the church. She was the secretary of the Spanish language ministry,

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<v Speaker 4>and that's when she asked Teresa to give up a child.

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<v Speaker 4>At the time, Teresa told em directly, no.

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<v Speaker 3>Way, lady, Hey, you're nowhere.

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<v Speaker 4>I won't give my child away, and I'm not letting

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<v Speaker 4>anyone adopt him, even if I know them.

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<v Speaker 5>She told them.

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<v Speaker 4>Teresa thought the subject was closed. They talked a little more.

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<v Speaker 4>Em told Teresa that she didn't have kids and later

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<v Speaker 4>asked her if her boys were baptized.

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<v Speaker 3>Hey the kiss.

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<v Speaker 4>Em invited her to join the Catholic church and told

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<v Speaker 4>Teresa that if she wanted to have her kids baptized

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<v Speaker 4>and if she needed god parents, em would be happy

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<v Speaker 4>to be the godmother for one of her kids.

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<v Speaker 6>So here's where Teresa is at, five kids, alone, out

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<v Speaker 6>of a bad relationship and without much support, and all

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<v Speaker 6>of a sudden, this local church showed up at her

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<v Speaker 6>or step. Esa grew up Catholic in Watemla and had

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<v Speaker 6>missed being part of a church. She decided it was

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<v Speaker 6>time to get her kids baptized, but she needed to

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<v Speaker 6>find godparents first, and she didn't know many people at

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<v Speaker 6>the time. So she asked a member of the church

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<v Speaker 6>to help her fight godparents for her sons.

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<v Speaker 2>You a lady hey salone seco quadr parino, marin ldo

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<v Speaker 2>porg eya self recio and sela marina or no dels ninos.

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<v Speaker 6>She told the woman that she only needed four godparents

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<v Speaker 6>because when em came to visit her, she offered for

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<v Speaker 6>her and her husband to be the godparents to her

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<v Speaker 6>youngest son, the one who was half white. Usually this

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<v Speaker 6>role goes out to members of the family, like an

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<v Speaker 6>aunt or an uncle or close family friends. In Spanish,

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<v Speaker 6>parents call their child's godparents comadre or compadre, and there

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<v Speaker 6>isn't a word for this in English, but its literal

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<v Speaker 6>translation means co mother or co father, like you're raising

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<v Speaker 6>the child together. So the fact that Teresa had to

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<v Speaker 6>find strangers to play this role for her kids was

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<v Speaker 6>somewhat unique.

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<v Speaker 4>One of these strangers ended up being Umberto Castillo, Romberto's

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<v Speaker 4>young in his early thirties. Back then, he was pretty

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<v Speaker 4>involved in the church, and when he was asked to

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<v Speaker 4>be the godfather to one of Teresa's sons, it made

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<v Speaker 4>him a bit nervous.

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<v Speaker 8>I have to think about it because you know, I

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<v Speaker 8>got to be the sample of this ky a go

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<v Speaker 8>to bed. If I'm the godfather, I have to show

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<v Speaker 8>him like who I am.

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<v Speaker 4>Momberto grew up Catholic and he understood that being a

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<v Speaker 4>godparent is a big deal. He didn't know Teresa, and

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<v Speaker 4>if he became a godfather to one of her sons,

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<v Speaker 4>he knew he would become part of her family. Her

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<v Speaker 4>compadre Romberto, decides to take this on. He becomes the

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<v Speaker 4>godfather of Teresa's oldest child and he started spending time

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<v Speaker 4>with the family, taking the kids fishing out for ice cream.

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<v Speaker 4>Luckily for the family, Umberto's a mechanic.

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<v Speaker 8>When the carbre you know the god life, He's always.

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<v Speaker 6>There pretty quick. All five kids were finally matched with godparents,

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<v Speaker 6>and on February twenty eighth, twenty fifteen, everyone met at

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<v Speaker 6>the church for the baptism. Teresa, her five kids all

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<v Speaker 6>dressed in white, and the godmothers and godfathers, including m

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<v Speaker 6>and her husband who were going to call JP. After

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<v Speaker 6>the ceremony, they all went out for lunch to celebrate

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<v Speaker 6>at eighty eight Buffet, a Chinese restaurant in Huntsville.

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<v Speaker 3>Yeah, pok it.

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<v Speaker 6>Everything was beautiful, that. Esa says, I was so happy

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<v Speaker 6>her children were part of the religion she grew up with,

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<v Speaker 6>and Teresa finally had a community.

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<v Speaker 4>After that day, little by little things started to change.

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<v Speaker 4>M and JP were well off. They had a big

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<v Speaker 4>house and a nice part of town. The couple wanted kids,

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<v Speaker 4>and according to the church members we spoke to, they

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<v Speaker 4>were pretty open about the fact that they biologically couldn't

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<v Speaker 4>have them. So when they became godparents, Teresa says, they

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<v Speaker 4>wanted to spend more time with her youngest child.

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<v Speaker 2>KOs Mehabiandico Quepara yon Darbuelda in Las Magnanas ye in

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<v Speaker 2>Las Ares, maj aber Bueno las bess Kiyo Kira al Nino.

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<v Speaker 4>Teresa says they told her to leave the child with

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<v Speaker 4>them overnight so she didn't have to keep driving back

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<v Speaker 4>and forth picking him up and dropping him off. Quickly,

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<v Speaker 4>one night became two, then three, and soon the child

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<v Speaker 4>was spending weeks at the couple's house. Teresa says she

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<v Speaker 4>really needed someone to take care of her kids while

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<v Speaker 4>she was working.

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<v Speaker 3>Ye Yo Sam.

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<v Speaker 5>Sometimes she worked eighteen hour days.

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<v Speaker 6>Then, in the summer of twenty fifteen, a few days

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<v Speaker 6>after her youngest child turned two, Teresa found out that

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<v Speaker 6>M and j P threw a birthday party for him

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<v Speaker 6>when he was staying with them.

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<v Speaker 1>Jo.

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<v Speaker 6>It was published on Facebook, but they didn't tell Teresa

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<v Speaker 6>or invite her. Teresa didn't like it, but she didn't

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<v Speaker 6>say anything to them and she didn't get mad. She

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<v Speaker 6>respected them and she needed their help taking care of

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<v Speaker 6>the little boy. Soon after, M M j P wanted

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<v Speaker 6>to take the child on vacation with them, but needed

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<v Speaker 6>legal permission from Teresa. Esa told the couple that it

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<v Speaker 6>was okay for her son to travel with them, but

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<v Speaker 6>she didn't want to sign anything. Resp They kept insisting.

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<v Speaker 6>They said, it's just for traveling, and so she agreed

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<v Speaker 6>to sign. Your youngest child left on vacation with them,

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<v Speaker 6>and they made sure to send pictures.

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<v Speaker 1>Coming up on Latino us A. M and j P

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<v Speaker 1>make a proposition to Theresa, stay with us. We're back

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<v Speaker 1>and when we left off, Teresa Madiaz had just joined

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<v Speaker 1>Holy Spirit Catholic Church and had her five sons baptized.

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<v Speaker 1>M and JP, the new godparents of her youngest son,

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<v Speaker 1>had become very involved in the boy's life, including taking

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<v Speaker 1>him on vacation and throwing him a birthday party that

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<v Speaker 1>Teresa was not invited to. Then they proposed something new

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<v Speaker 1>to Teresa. Ashley Creek and Gene Yamoga continue the story.

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<v Speaker 6>Now the child had been staying at mgp's house more

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<v Speaker 6>and more frequently since the spring of twenty fifteen.

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<v Speaker 3>Yes and Bassaron Los Dias as the.

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<v Speaker 6>L Soon after I'm started talking about adopting her son

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<v Speaker 6>and mentioned something called an open adoption. Teressa didn't know

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<v Speaker 6>what that was, so em explained, says M told her

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<v Speaker 6>that the church allows open adoption, and what Teresa understood

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<v Speaker 6>from M was that an open adoption is when you

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<v Speaker 6>know who has adopted your kid, so you can still

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<v Speaker 6>see your child and have the same rights as a

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<v Speaker 6>new adoptive parents.

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<v Speaker 4>Mberto, the godfather of one of her kids, says Teresa

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<v Speaker 4>asked him what he thought for giving her youngest child

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<v Speaker 4>up for.

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<v Speaker 8>Adoption, and she was like, I'm gonna be all with you.

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<v Speaker 8>Can I do it with all of them?

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<v Speaker 5>It's too much for memberto says.

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<v Speaker 4>He remembered that Teresa felt like she could give the

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<v Speaker 4>boy to M and JP, but only under the condition

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<v Speaker 4>that she would continue to see him and be part

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<v Speaker 4>of his life.

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<v Speaker 8>That was kind of like the rule she was not

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<v Speaker 8>giving him in aduction, like not to see him forever, and.

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<v Speaker 4>To Teresa, they should go to a lawyer to talk

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<v Speaker 4>about this open adoption.

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<v Speaker 3>Pre medice. Lady Lady Estaban accept the.

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<v Speaker 4>At this point, Teresa says she was tired of them

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<v Speaker 4>asking her to go with them to see a lawyer,

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<v Speaker 4>so she said, okay, she accepted.

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<v Speaker 6>Their first meeting with a lawyer was in October of

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<v Speaker 6>twenty fifteen, eight months after the baptism. Teresa says the

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<v Speaker 6>lawyer spoke mostly to JP M's husband. They spoke in English.

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<v Speaker 6>Remember that as I grew up in rule with the

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<v Speaker 6>Mala and her family spoke Ahova, a Mayan language. She

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<v Speaker 6>didn't really speak Spanish until she was a teen, but

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<v Speaker 6>now that's what she uses most in her everyday life

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<v Speaker 6>in the US, and she only knows a few words

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<v Speaker 6>in English. So the couple translated for her at the

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<v Speaker 6>lawyer's meeting from English to Spanish, but they only spoke

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<v Speaker 6>to her when they needed to ask her logistical questions

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<v Speaker 6>like where's the child's Social Security card?

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<v Speaker 9>She says.

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<v Speaker 6>They met again with the lawyer in November, but again

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<v Speaker 6>no one spoke to her. She just sat there smiled

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<v Speaker 6>and nodded. Teresa says that during this time she started

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<v Speaker 6>to get sick. She called m and talked with her.

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<v Speaker 2>You're Lesdja siu Anino, vestaban led hipero Connesa.

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<v Speaker 6>Told M M j P the same thing she told Umberto.

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<v Speaker 6>If they wanted to adopt the boy, she would agree,

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<v Speaker 6>but with the condition that they would never prohibit her

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<v Speaker 6>from seeing her son when she wanted. That it would

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<v Speaker 6>be an open adoption estabian, she says am ad. A

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<v Speaker 6>few weeks later, MGP told Essa there was one more

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<v Speaker 6>meeting with the lawyer. This time, instead of going to

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<v Speaker 6>the lawyer's office, they went to the courthouse and met

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<v Speaker 6>a judge. Esa says she didn't understand what was being said.

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<v Speaker 6>It was all in English, No me.

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<v Speaker 3>Nada.

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<v Speaker 6>They talked for over an hour. Then the judge shook

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<v Speaker 6>ESA's hand outside the courthouse. MGP told her that this

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<v Speaker 6>was their last meeting. The adoption was complete. A few

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<v Speaker 6>weeks later, Teresa says she went to the couple's house.

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<v Speaker 6>It was a typical visit. She brought along her four

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<v Speaker 6>boys so they could play with their little brother. JP

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<v Speaker 6>told Teresa they needed to speak to her in another room. Before,

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<v Speaker 6>Teresa says, most of her conversations had been with EM,

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<v Speaker 6>but this time JP spoke to.

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<v Speaker 3>Her mediel ami.

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<v Speaker 4>He said they love the boy very much and that

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<v Speaker 4>they thank her and God that the child called JP

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<v Speaker 4>dad for the first time.

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<v Speaker 5>JP started to cry, and then he told her.

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<v Speaker 3>Kelos pero the joel.

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<v Speaker 2>Por el bien del ninoos sermanos comandre.

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<v Speaker 4>He said, we're sorry, but you can't come over anymore

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<v Speaker 4>to see the boy. It's better for the child and

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<v Speaker 4>for his brothers because after you leave, he's upset and

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<v Speaker 4>he cries, so you can't come over anymore. Teresa says

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<v Speaker 4>she didn't speak, didn't say anything. She just stood there stunned.

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<v Speaker 4>JP finished talking and Teresa finally said.

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<v Speaker 7>You.

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<v Speaker 2>Yohamas de vi comberrees porgueo mi who.

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<v Speaker 4>Teresa told JP she didn't accept what he said, that

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<v Speaker 4>this was not what they had talked about, but.

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<v Speaker 5>She had trusted them. She agreed to share her child

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<v Speaker 5>with them, but not like this.

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<v Speaker 6>Teresa says, she went into the living room and hugged

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<v Speaker 6>her little boy.

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<v Speaker 3>Basol.

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<v Speaker 6>She kissed him and told him she loved him, and

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<v Speaker 6>then she told him to go be with his godfather.

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<v Speaker 6>She gathered her four sons and left, and it's only

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<v Speaker 6>when she walked out of the door that she started

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<v Speaker 6>to cry. That night, Teresa called a friend from church

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<v Speaker 6>and started to tell the whole story from the beginning.

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<v Speaker 6>Her friend told her she knew a lawyer that as

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<v Speaker 6>I should talk to.

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<v Speaker 5>My recollection of Terce.

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<v Speaker 10>So she's a small woman anyway, But she seemed scared,

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<v Speaker 10>she seemed overwhelmed, she seemed fearful of the system in general.

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<v Speaker 5>This is Aaron Ryan.

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<v Speaker 4>He's a lawyer in Huntsville, and Teresa explained to Aaron

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<v Speaker 4>that she thought the adoption of her child would be

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<v Speaker 4>an open adoption, that she would be able to see

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<v Speaker 4>the child and have the same rights as the new parents.

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<v Speaker 5>So I asked him about this, an open adoption does

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<v Speaker 5>that exist in Alabama? What you're calling an open adoption

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<v Speaker 5>does not exist in Alabama at all.

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<v Speaker 4>In Alabama, open adoption does exist, but it means something completely.

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<v Speaker 5>Different from what Teresa thought it was.

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<v Speaker 4>Each state has different laws around adoption, but in Alabama,

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<v Speaker 4>open only means that the child and the birth parents

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<v Speaker 4>know each other's names and information.

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<v Speaker 5>That's it. The birth mother retains no.

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<v Speaker 4>Way their rights in Alabama there is no law for

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<v Speaker 4>a statute that recognizes an open adoption like what Teresa understood.

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<v Speaker 4>After an adoption, Aaron explained to Teresa, the mother is

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<v Speaker 4>no longer the parent.

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<v Speaker 10>Officially, they'll get a dew birth certificate with them listed

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00:21:17.520 --> 00:21:20.440
<v Speaker 10>as the biological payers of the child, so Teresa's name

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00:21:20.600 --> 00:21:23.080
<v Speaker 10>is erased from those records.

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<v Speaker 6>In Edessa's case, Aaron says, there are several things that

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00:21:31.560 --> 00:21:35.120
<v Speaker 6>don't seem normal. All the adoption papers were in English,

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<v Speaker 6>nothing was translated into Spanish for THEDISA, and having the

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<v Speaker 6>adoptive parents MMJP act as a Spanish interpreter for MEDISA,

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<v Speaker 6>Aaron says, is a conflict of interest. Aaron offered to

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00:21:53.040 --> 00:21:58.840
<v Speaker 6>help Edessa, but she couldn't afford it. A few months

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<v Speaker 6>after JP told that Isa that she wasn't allowed to

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<v Speaker 6>see her son anymore, the couple packed up and along

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<v Speaker 6>with the child, they moved out of state. We wanted

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<v Speaker 6>to understand the details of this adoption from someone who

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<v Speaker 6>was there, so we found the address of the lawyer

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<v Speaker 6>who handled it. His name is Michael Robertson, so we

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00:22:29.880 --> 00:22:32.920
<v Speaker 6>stopped by early in the afternoon. Michael agrees to talk,

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<v Speaker 6>but says there are things he can't tell us unless

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<v Speaker 6>that Isa's present. Yeah, he's still welcome to way.

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<v Speaker 5>Okay, Sure'm go away for a little bit.

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<v Speaker 6>I just want to take a second to note how

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<v Speaker 6>strange this is because Esa is not Michael's client. He

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<v Speaker 6>has no responsibility towards her, no relationship. But Michael is

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<v Speaker 6>adamant that there are things he only feels comfortable saying

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<v Speaker 6>with that SA's permission. Throughout several interviews, Essa has told

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<v Speaker 6>us repeatedly that you would like to talk to Michael

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<v Speaker 6>about what happened during all those meetings she sat in.

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<v Speaker 6>So we call her and she agrees to meet go

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<v Speaker 6>So we come back in the evening and Michael's waiting

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<v Speaker 6>for us.

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<v Speaker 4>We sit on couches in the waiting room after the

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<v Speaker 4>office is closed. Michael has a stack of files next

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<v Speaker 4>to him. He wants to talk to Teresa about what

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00:23:26.080 --> 00:23:29.040
<v Speaker 4>happened three years ago. He starts by telling her what

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<v Speaker 4>he thinks was happening in her life at the time.

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<v Speaker 10>This happened a long time ago, and I can't remember everything,

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<v Speaker 10>but I do remember this, and I think Teresa, you

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<v Speaker 10>should remember this.

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<v Speaker 4>Michael says that the father of Teresa's youngest child the

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<v Speaker 4>white American guy was sexually abusing Teresa and coming to

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<v Speaker 4>her house harassing her.

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<v Speaker 10>And look, you can record wherever you want, but I

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<v Speaker 10>want her to understand that he was coming over there

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<v Speaker 10>and abusing.

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<v Speaker 4>As Michael talks, Teresa looks confused, lost Jani's interprets for her,

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<v Speaker 4>and Tennis explains that this isn't true.

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<v Speaker 10>I mentioned the police. I think she understood police. I

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00:24:07.640 --> 00:24:10.719
<v Speaker 10>think she wanted to go to the police. Now there

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00:24:10.800 --> 00:24:13.320
<v Speaker 10>was no interpreter. There was no interpreter there. But it

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<v Speaker 10>was clear to me that I repeated this over and

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<v Speaker 10>over again, and I think she understood a lot of that.

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<v Speaker 10>I mean, we met for hours. She had to understand.

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<v Speaker 10>She has to understand that. She clearly understood.

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<v Speaker 5>Who was the interpreter in the rest, But the interpreter.

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<v Speaker 10>Was again, it was, it was, it was, and I

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<v Speaker 10>have to say this, it was well I can't really

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<v Speaker 10>say it's my client.

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<v Speaker 9>But it was my client.

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<v Speaker 8>And why.

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<v Speaker 6>But even if there was physical abuse, that doesn't justify

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<v Speaker 6>an adoption. If Essa didn't know what was going.

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<v Speaker 10>On, she must understand some English. I think she does.

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<v Speaker 9>In playing this, she says she understands a few words,

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<v Speaker 9>but everything you're saying she doesn't, and we've also been

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00:25:10.880 --> 00:25:12.840
<v Speaker 9>with her at her house and she doesn't understand her sons.

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<v Speaker 4>Michael says that what he eventually understood was that Teresa

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<v Speaker 4>was giving up her youngest child because she was poor,

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00:25:19.560 --> 00:25:21.280
<v Speaker 4>and that she wanted to get child support from her

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<v Speaker 4>ex partner, the father of her four older children. Teresa

385
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<v Speaker 4>says she never said this, but Michael is adamant that

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<v Speaker 4>in her gestures, in her nodding, and in whatever interpretation,

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00:25:32.880 --> 00:25:35.919
<v Speaker 4>he was told that this is the other reason Teresa

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00:25:36.000 --> 00:25:37.320
<v Speaker 4>gave up her child for adoption.

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<v Speaker 10>I think sincerely that my idea was that she she

390
00:25:42.640 --> 00:25:46.520
<v Speaker 10>wanted this adoption to go through, very much excited, and

391
00:25:46.680 --> 00:25:49.560
<v Speaker 10>merely from the expressions, if she didn't understand, on her face,

392
00:25:49.920 --> 00:25:52.280
<v Speaker 10>was to make sure this thing went through as quickly

393
00:25:52.320 --> 00:25:54.720
<v Speaker 10>as possible. And I think she was driving force for this.

394
00:25:55.840 --> 00:25:58.280
<v Speaker 10>I believe in my heart that she was. Now she's

395
00:25:58.280 --> 00:26:01.800
<v Speaker 10>saying she's not, then something's wrong. Okay, maybe there's a

396
00:26:01.840 --> 00:26:04.000
<v Speaker 10>lapse in memory. I'm not calling her liar. I'm just

397
00:26:04.040 --> 00:26:07.159
<v Speaker 10>saying that this is my understanding, and it was expressions

398
00:26:07.200 --> 00:26:10.320
<v Speaker 10>on her face. She was all smiles. She's not smiles now,

399
00:26:10.960 --> 00:26:13.240
<v Speaker 10>I'm sorry, So.

400
00:26:13.320 --> 00:26:15.800
<v Speaker 5>I guess I'm just yeah, no, I understand that.

401
00:26:15.840 --> 00:26:19.399
<v Speaker 4>I guess I'm just wondering, as a lawyer, when the

402
00:26:19.480 --> 00:26:22.879
<v Speaker 4>party that's interpreting obviously has an interest in the case,

403
00:26:23.480 --> 00:26:25.560
<v Speaker 4>is that a concern to you, Well.

404
00:26:26.400 --> 00:26:29.920
<v Speaker 10>It is, and it should be my and I guess

405
00:26:30.040 --> 00:26:36.360
<v Speaker 10>if there's an error here, you know it. It's clear

406
00:26:36.440 --> 00:26:39.240
<v Speaker 10>to me that that was something that I probably should

407
00:26:39.280 --> 00:26:44.640
<v Speaker 10>have had an interpreter. But usually when people don't want

408
00:26:44.760 --> 00:26:48.000
<v Speaker 10>to do something and I am questioning them over an

409
00:26:48.080 --> 00:26:52.679
<v Speaker 10>issue repeatedly, okay, there's a different expression, such as there

410
00:26:52.800 --> 00:26:53.360
<v Speaker 10>is right now.

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00:26:54.359 --> 00:26:58.760
<v Speaker 6>This conversation continues on for three hours. I interpret what

412
00:26:58.880 --> 00:27:01.719
<v Speaker 6>Michael says with that is I'm Spanish, and then everything

413
00:27:01.760 --> 00:27:04.040
<v Speaker 6>that Teresa says back to Michael in English.

414
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<v Speaker 10>I'm sorry, Teresa, but I think you're unhappy over the

415
00:27:07.680 --> 00:27:09.480
<v Speaker 10>fact that you didn't think they would move away, and

416
00:27:09.600 --> 00:27:11.800
<v Speaker 10>they did move away, And I think that's the only

417
00:27:11.920 --> 00:27:16.920
<v Speaker 10>reason why she's complaining. Now I may be the only

418
00:27:17.000 --> 00:27:20.640
<v Speaker 10>reason at all, but I I think she understood about

419
00:27:20.680 --> 00:27:23.040
<v Speaker 10>the closed adoption. I just thought maybe she thought they

420
00:27:23.040 --> 00:27:25.159
<v Speaker 10>were going to stay here. Maybe that's it.

421
00:27:25.760 --> 00:27:33.960
<v Speaker 6>I translate this to Teresa La Jose trite the medijer

422
00:27:36.200 --> 00:27:40.520
<v Speaker 6>Teresa says, no, she was upset about everything. She was

423
00:27:40.600 --> 00:27:43.440
<v Speaker 6>sad even before they moved when they told her she

424
00:27:43.560 --> 00:27:47.119
<v Speaker 6>could no longer see her son. She says she cries

425
00:27:47.240 --> 00:27:51.200
<v Speaker 6>all the time for her son, and suddenly talking more

426
00:27:51.200 --> 00:27:53.880
<v Speaker 6>about everything that happened gets her emotional.

427
00:27:55.040 --> 00:27:58.680
<v Speaker 3>Miss compos Lady La Courian's comport.

428
00:28:06.000 --> 00:28:07.480
<v Speaker 2>But don't look at Missier.

429
00:28:09.720 --> 00:28:13.280
<v Speaker 6>She's not who she was before, Esa says, this person

430
00:28:13.359 --> 00:28:17.280
<v Speaker 6>who always smiled because the people who she trusted betrayed her.

431
00:28:18.320 --> 00:28:21.000
<v Speaker 6>I understood they needed a son, that Esa says, and

432
00:28:21.119 --> 00:28:23.560
<v Speaker 6>I shared my son with them, and look what they

433
00:28:23.640 --> 00:28:30.720
<v Speaker 6>did to me. At the end of our meeting, Michael

434
00:28:30.760 --> 00:28:33.440
<v Speaker 6>says he has a recording of Teresa consenting to the adoption,

435
00:28:34.280 --> 00:28:36.000
<v Speaker 6>but that he can't send it to us because of

436
00:28:36.080 --> 00:28:45.560
<v Speaker 6>attorney client privilege. Huntsville is small enough that Michael actually

437
00:28:45.680 --> 00:28:49.000
<v Speaker 6>goes to Holy Spirit, the same church ass and the couple.

438
00:28:50.800 --> 00:28:52.960
<v Speaker 6>This is something that was a theme in a reporting.

439
00:28:53.800 --> 00:28:56.160
<v Speaker 6>Essa's friends are in the church, and she also said

440
00:28:56.200 --> 00:28:58.840
<v Speaker 6>that people at the church had also encouraged her to

441
00:28:58.880 --> 00:29:02.160
<v Speaker 6>give up her son. We wanted to better understand the

442
00:29:02.240 --> 00:29:06.200
<v Speaker 6>circumstances around the adoption, so we called Holy Spirit's Hispanic

443
00:29:06.280 --> 00:29:09.560
<v Speaker 6>Ministry multiple times, but no one agreed to be on

444
00:29:09.680 --> 00:29:13.160
<v Speaker 6>the record for this story. We didn't get a comment

445
00:29:13.200 --> 00:29:17.200
<v Speaker 6>about these specific questions, but people were clearly upset that

446
00:29:17.280 --> 00:29:20.640
<v Speaker 6>we reached out to the ministry about the story. From

447
00:29:20.720 --> 00:29:23.360
<v Speaker 6>what we understood, this adoption had been discussed in the

448
00:29:23.440 --> 00:29:26.880
<v Speaker 6>community and from our phone calls, we understood that it's

449
00:29:26.960 --> 00:29:29.920
<v Speaker 6>clearly a point of tension. But the people we called

450
00:29:29.960 --> 00:29:32.440
<v Speaker 6>said this had nothing to do with the church. They

451
00:29:32.480 --> 00:29:35.440
<v Speaker 6>said it was a private adoption and a private matter.

452
00:29:36.400 --> 00:29:40.280
<v Speaker 6>They also said many times that M and JP were

453
00:29:40.360 --> 00:29:43.560
<v Speaker 6>good people. We tried for months to get in touch

454
00:29:43.600 --> 00:29:47.120
<v Speaker 6>with a couple M and JP. We email and call

455
00:29:47.200 --> 00:29:53.680
<v Speaker 6>them and leave messages in English and Spanish. So jonas yamoka,

456
00:29:53.840 --> 00:29:57.080
<v Speaker 6>So I'm bitter. Let's you know usay hi.

457
00:29:57.640 --> 00:30:00.440
<v Speaker 5>I'm calling to try to speak to a My name

458
00:30:00.520 --> 00:30:01.280
<v Speaker 5>is Ashley Creek.

459
00:30:01.840 --> 00:30:06.040
<v Speaker 6>And no response. It was clear from our conversation with

460
00:30:06.200 --> 00:30:09.120
<v Speaker 6>Michael that there was no proper interpreter present in the

461
00:30:09.160 --> 00:30:09.960
<v Speaker 6>lawyer's office.

462
00:30:10.720 --> 00:30:11.720
<v Speaker 5>But what about in court?

463
00:30:12.160 --> 00:30:12.680
<v Speaker 1>You're good to go?

464
00:30:13.120 --> 00:30:14.640
<v Speaker 7>You ah?

465
00:30:14.760 --> 00:30:19.400
<v Speaker 6>Yes, we spoke to the judge who presided over Tessa's adoption.

466
00:30:20.720 --> 00:30:23.240
<v Speaker 4>So we wanted to adopt to Judge Raglin because I'm

467
00:30:23.240 --> 00:30:25.160
<v Speaker 4>almost one hundred percent sure that he was a judge

468
00:30:25.320 --> 00:30:26.160
<v Speaker 4>that officiated it.

469
00:30:26.360 --> 00:30:29.680
<v Speaker 6>He didn't remember it specifically, but he said it probably

470
00:30:29.840 --> 00:30:33.600
<v Speaker 6>wasn't a big procedure. He told us most adoptions were

471
00:30:33.720 --> 00:30:37.200
<v Speaker 6>something he called a sign only, where he just signs

472
00:30:37.200 --> 00:30:41.080
<v Speaker 6>at the bottom of the final adoption form. He said

473
00:30:41.080 --> 00:30:44.240
<v Speaker 6>if Fidessa didn't ask for an interpreter, the probate court

474
00:30:44.280 --> 00:30:48.040
<v Speaker 6>wouldn't have provided one. In fact, the judge said that

475
00:30:48.240 --> 00:30:52.560
<v Speaker 6>in his eighteen years, he's never used an interpreter, and.

476
00:30:52.640 --> 00:30:56.720
<v Speaker 5>We found out that's not that unusual. We called all the.

477
00:30:56.760 --> 00:31:00.440
<v Speaker 4>Probate courts in northern Alabama, where thousands of Guatemalane imigrants

478
00:31:00.640 --> 00:31:04.160
<v Speaker 4>like Teresa live. Twenty six got back to us. Only

479
00:31:04.280 --> 00:31:07.320
<v Speaker 4>six were sure they had ever used interpreters in court.

480
00:31:07.760 --> 00:31:12.440
<v Speaker 11>In the stead of Alabama's civil court does not cover interpreters.

481
00:31:12.720 --> 00:31:16.400
<v Speaker 11>We are not paid to go to civil court, and

482
00:31:16.600 --> 00:31:17.760
<v Speaker 11>probate is one of them.

483
00:31:18.400 --> 00:31:21.880
<v Speaker 4>That's Mavi Figetis. She's a certified and trained court interpreter

484
00:31:22.440 --> 00:31:25.680
<v Speaker 4>and for the past fifteen years, Mavii's been interpreting in Spanish,

485
00:31:26.280 --> 00:31:27.720
<v Speaker 4>but never in probate court.

486
00:31:28.400 --> 00:31:33.320
<v Speaker 11>Instead, the non English speakers have to bring their own interpreter,

487
00:31:33.520 --> 00:31:34.680
<v Speaker 11>whether it's trained or not.

488
00:31:35.400 --> 00:31:40.320
<v Speaker 4>Probate courts deal with small, everyday legal stuff marriage licenses, wills,

489
00:31:41.080 --> 00:31:43.720
<v Speaker 4>but also some serious matters like committing someone to a

490
00:31:43.760 --> 00:31:47.640
<v Speaker 4>psychiatric court, transferring a piece of property, and like in

491
00:31:47.720 --> 00:31:52.040
<v Speaker 4>Theresa's case, certifying an adoption. Not being able to understand

492
00:31:52.040 --> 00:31:54.440
<v Speaker 4>what's happening in court is a violation of a person's

493
00:31:54.520 --> 00:31:58.640
<v Speaker 4>due process the fourteenth Amendment, but that doesn't necessarily translate

494
00:31:58.800 --> 00:32:03.320
<v Speaker 4>into state courts interpreters. According to the law in Alabama,

495
00:32:03.520 --> 00:32:08.040
<v Speaker 4>civil courts, including probate are not required to provide or

496
00:32:08.160 --> 00:32:12.200
<v Speaker 4>pay for an interpreter. Instead, non English speakers have to

497
00:32:12.240 --> 00:32:14.840
<v Speaker 4>bring a volunteer, like a family member or a friend,

498
00:32:15.720 --> 00:32:19.120
<v Speaker 4>just like what happened when MMJP interpreted for Tresa.

499
00:32:24.840 --> 00:32:28.040
<v Speaker 6>In twenty sixteen, a few months after they moved. The

500
00:32:28.120 --> 00:32:32.520
<v Speaker 6>couple sent that as a letter in Spanish. The first

501
00:32:32.560 --> 00:32:35.520
<v Speaker 6>line read, ol coo madre believe it or not, we

502
00:32:35.600 --> 00:32:39.000
<v Speaker 6>are always thinking about you and your children. It goes

503
00:32:39.040 --> 00:32:41.160
<v Speaker 6>on to say they haven't been able to stay in

504
00:32:41.280 --> 00:32:44.000
<v Speaker 6>touch because they say Thatas and her family have harassed

505
00:32:44.040 --> 00:32:48.640
<v Speaker 6>them with angry messages. The letter ended with them telling

506
00:32:48.720 --> 00:32:50.840
<v Speaker 6>her there will be a time when she can have

507
00:32:51.000 --> 00:32:54.680
<v Speaker 6>contact with the child again, but only when Thedis understands

508
00:32:55.200 --> 00:32:57.760
<v Speaker 6>the child now belongs to another family.

509
00:32:59.560 --> 00:33:00.000
<v Speaker 5>With the life.

510
00:33:00.760 --> 00:33:03.760
<v Speaker 6>The couple sent three photos of the boy. One is

511
00:33:03.840 --> 00:33:06.560
<v Speaker 6>of him at his third birthday party, sipping on a

512
00:33:06.600 --> 00:33:10.200
<v Speaker 6>carton of juice. These are the last pictures that Esa

513
00:33:10.280 --> 00:33:10.760
<v Speaker 6>has of him.

514
00:33:19.120 --> 00:33:22.520
<v Speaker 1>Thanks to producers Ashley Cleek and Genesee Amoca for that story.

515
00:33:23.560 --> 00:33:27.480
<v Speaker 1>Over three years have passed since Deesa Madiaz last saw

516
00:33:27.560 --> 00:33:32.000
<v Speaker 1>her son in Huntsville, Alabama. At this point, Dedesa has

517
00:33:32.120 --> 00:33:35.160
<v Speaker 1>at least one option. She can hire a lawyer and

518
00:33:35.280 --> 00:33:38.880
<v Speaker 1>ask the biological father to come forward and contest the adoption,

519
00:33:39.520 --> 00:33:42.440
<v Speaker 1>but Dedesa says she doesn't have the money to do that.

520
00:33:43.600 --> 00:33:48.280
<v Speaker 1>Adoptions like this one between two families without any agency involved,

521
00:33:48.600 --> 00:33:52.479
<v Speaker 1>are confidential, so it's impossible to know how many cases

522
00:33:52.600 --> 00:33:56.520
<v Speaker 1>like Dedysa's have happened in the past. What is clear, though,

523
00:33:56.800 --> 00:33:59.479
<v Speaker 1>is that the probate courts in Alabama then handled these

524
00:33:59.560 --> 00:34:03.960
<v Speaker 1>kinds of options, are not required to hire interpreters. As

525
00:34:04.000 --> 00:34:08.160
<v Speaker 1>a result, many life changing decisions like whether a child

526
00:34:08.280 --> 00:34:12.840
<v Speaker 1>leaves one family and joins another are happening in English only.

527
00:34:35.760 --> 00:34:39.160
<v Speaker 1>This episode was reported by Ashley Click and Janie Jamoca,

528
00:34:39.400 --> 00:34:43.440
<v Speaker 1>with additional reporting help from Lucas Southern. It was edited

529
00:34:43.480 --> 00:34:47.200
<v Speaker 1>by Sophia Palissa car and mixed by Stephanie Lebou. The

530
00:34:47.360 --> 00:34:52.680
<v Speaker 1>Latino USA team includes Andrea Lopez Rusado, Marta Martinez, Daisy Contreras,

531
00:34:52.840 --> 00:34:58.280
<v Speaker 1>Mike sargent Urrieta Martinelli, Victoria Strada, Patricia Sulbaran, Gini montalbo

532
00:34:58.400 --> 00:35:02.759
<v Speaker 1>Alejandra Salasar, Renal Junior and Julia Rocha, with help from

533
00:35:02.960 --> 00:35:06.680
<v Speaker 1>Raul Beeritz. Our editorial director is Julio Ricardorella. Our senior

534
00:35:06.719 --> 00:35:10.279
<v Speaker 1>engineer is Julia Gruso. Our associate engineers are gabriel A

535
00:35:10.360 --> 00:35:13.840
<v Speaker 1>Bayez and jj Carubin. Our marketing manager is Les Luna.

536
00:35:14.040 --> 00:35:18.560
<v Speaker 1>Our fellows are Elisa Vena, Monica Mourreles Garcia and Andrew Vignalis.

537
00:35:19.000 --> 00:35:22.160
<v Speaker 1>Our theme music was composed by Sangue Robinos. I'm your

538
00:35:22.160 --> 00:35:24.800
<v Speaker 1>host and executive producer Maria Jojosa. Join us again on

539
00:35:24.880 --> 00:35:26.799
<v Speaker 1>our next episode and in the meantime, look for us

540
00:35:26.840 --> 00:35:29.919
<v Speaker 1>on all of your social media. Referda de by yes,

541
00:35:30.560 --> 00:35:32.040
<v Speaker 1>and we'll see you in our next episode.

542
00:35:32.440 --> 00:35:41.200
<v Speaker 7>Tao Latino Usa is made possible. In part by the

543
00:35:41.320 --> 00:35:44.759
<v Speaker 7>Annie E. Casey Foundation, creates a brighter future for the

544
00:35:44.880 --> 00:35:49.719
<v Speaker 7>nation's children by strengthening families, building greater economic opportunity, and

545
00:35:49.840 --> 00:35:54.239
<v Speaker 7>transforming communities. Funding for Latino USA is Coverage of a

546
00:35:54.320 --> 00:35:56.960
<v Speaker 7>culture of Health is made possible in part by a

547
00:35:57.040 --> 00:36:02.120
<v Speaker 7>grant from the Robert Wood Johnson Foundation, New York Women's Foundation,

548
00:36:02.920 --> 00:36:06.360
<v Speaker 7>the New York Women's Foundation funding women leaders that build

549
00:36:06.400 --> 00:36:11.279
<v Speaker 7>solutions in their communities, and celebrating thirty years of radical generosity.

550
00:36:15.040 --> 00:36:19.160
<v Speaker 1>Here's a podcast from our archives Archives Archives, I Eat

551
00:36:19.280 --> 00:36:19.640
<v Speaker 1>Chives