Crying baby saves mom from jail

In an unprecedented move, Justice Anthony Carmona acceded to the request of the defence attorney and asked that the two infant children of accused Jenelle Estrada be brought inside the courtroom.

Estrada’s pregnant sister, Gabriella, came into the courtroom with the girl, aged one-and-a-half years, and a baby boy just three months old. The crying girl was lifted into the courtroom by a female police officer. The girl upped the tempo, shedding more tears, and not even seeing her mother sitting in the dock.

Up to that point, Carmona, sitting in the Port-of-Spain Fourth Criminal Court, had planned to send Estrada to jail for the night while he deliberated on what sentence he was going to impose this morning.

But the crying child saved Estrada from spending the night in a jail cell. Carmona told Estrada, "Your children don’t deserve what just happened. I am speaking strictly from basic human decency. I have considered everything which was said on the issue of bail. I would grant bail. This is an extraordinary position I am embarking on," the judge told the accused. Carmona allowed Estrada to go home, but warned her that if she failed to turn up for sentencing this morning, he would issue a warrant for her arrest and sentence her in her absence.

The court heard that Estrada was standing in line at the Port-of-Spain wharves, waiting to board the MV Beauport for Tobago on January 4, 2002. Estate Constable Nolton Joseph, who was attached to the Port Authority Police Department, observed that Estrada was acting suspiciously.

He approached her, identified himself, and asked what she was carrying in the bag. She replied, "Officer, meh stepson give me some weed to put on the boat." She was arrested and later charged, and 2.4 kilos of marijuana seized.

Defence attorney Wayne Sturge pleaded for mercy. He said Estrada was 26, and a mother of five, the eldest being 11 years old. She used to live at Guayaguayare, but now resides in Sangre Grande. He said his client was poor , and if Estrada was ordered to pay the fine, she would have to go to jail. He said there was no sense imposing a fine. he also pointed out that the State was not objecting to a non-custodial sentence.

Sturge said his client spent five months in jail before she was able to secure bail.

State attorney Shoba Jamunar outlined the facts of the case to the court. At the end of it all, Carmona said he needed time to decide what he was going to do with Estrada. He said he was going to remand her to jail for the night while he made up his mind.

But this did not go down too well with Sturge. He pleaded with the judge not to send his client to jail as she had to take care of the two infant children, whom he said were in the precincts of the court.

Carmona then sent for the children and, after seeing them, decided that he would allow Estrada to go home for the night.

When hearing was adjourned, Estrada left the Hall of Justice with her children and pregnant sister.